Workers' Compensation
If you’ve been injured, let us help fight for your compensation.
Workers' Compensation
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While unable to work and collecting workers’ compensation benefits, my employer discontinued my healthcare coverage. Is this legal?
Unfortunately, there is nothing to prevent an employer from cancelling your health insurance while you are unable to work due to injury. There are protections provided at the federal level by the Family Medical Leave Act and COBRA, however. These programs mandate a continuation of healthcare coverage for you while you are injured if you…
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Are part-time or seasonal workers covered by workers’ compensation?
Part-time and seasonal workers are covered by workers’ compensation if they are injured within the scope of their employment. If the employer pays a worker a wage or salary and deducts taxes, the employee is covered, regardless of whether they have worked a day or a decade. Independent contractors and volunteers are not covered by…
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Can an employer fire an employee for making a workers’ compensation claim?
No, it is illegal for an employer to terminate an employee for making a workers’ compensation claim. There is a separate process for workers who believe they were retaliated against for filing a workers’ compensation claim.
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Can I see my own doctor for a workers’ compensation claim?
It is common for employers and workers’ compensation insurers to tell workers suffering workplace injury to seek treatment from a particular doctor. The employer or insurer pays that doctor, and all the bills for treatment go to them and not the worker. That helps the worker to avoid medical bills, but the doctor, ultimately, works…
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Am I entitled to any death benefits if my spouse or parent dies due to a work-related injury or illness?
Yes. A spouse and/or dependent children have a right to receive as much as 70 percent of the deceased worker’s weekly salary until the surviving spouse dies or remarries, or the dependent child attains the age of 18, or age 23 if the child is a full-time student. In addition, a disabled child may qualify…
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How long do I have to work for an employer before I can receive workers’ compensation benefits?
Under the law, your employer must provide workers’ compensation benefits to you as soon as you are hired. You do not have to wait a certain length of time before you become eligible.
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What is the Second Injury Fund?
The Second Injury Fund (SIF) is a state program that will make contributions toward your disability benefits in the event your previous injuries and disabilities, along with your current workers’ compensation injury, render you entirely and permanently disabled. The rationale behind the SIF was to persuade employers to hire disabled workers by reducing, in the…
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Is my employer supposed to post a notice about workers’ compensation at my workplace?
Yes, under New Jersey law, your employer must post a notice about workers’ compensation in a conspicuous spot at your workplace. This poster must include the name of your employer’s insurance carrier as well as other information required by the New Jersey Department of Banking and Insurance.
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Is my employer supposed to post a notice about workers’ compensation at my workplace?
Yes, under New Jersey law, your employer must post a notice about workers’ compensation in a conspicuous spot at your workplace. This poster must include the name of your employer’s insurance carrier as well as other information required by the New Jersey Department of Banking and Insurance.
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What could cause my claim for workers’ compensation to be denied?
Your claim for workers’ compensation could be denied if you waited too long to file it or if the accident or sickness that resulted in your disability did not take place during the course of your employment. In addition, your claim could be denied if you have insufficient or incomplete medical records. Your claim may…