FAQs
If you’ve been injured, let us help fight for your compensation.
FAQs
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Can an employer’s intentional violation of a federal safety rule impact a workers’ compensation claim?
Maybe. If the injured employee can show an intentional tort or wrongdoing by the employer, the employee can file a tort or personal injury lawsuit against the employer. Normally, the employee is limited to a workers’ compensation claim against the employer. In the workers’ compensation claim, the employee is limited to the amount of lost…
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How long do I have to wait before I receive benefits from my employer or their insurance carrier?
After you have been injured at work you may need to wait for some benefits to begin. Medical benefits should start immediately, so any medical expenses related to the work injury will be paid by your employer or their insurance. Non-medical benefits may take more time. Your claim must be fully accepted and approved before…
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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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How long do I have to report a work injury?
If you have suffered a work injury you need to alert your employer in a certain time or risk losing your ability to be compensated for it. The statute of limitations determines how long you will have to report your injury. In New Jersey, you have two years from the date of the injury or…
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Are longshore workers covered by New Jersey’s workers’ compensation law?
Longshore workers are not covered by the workers’ compensation laws of states. If a longshore worker is injured on navigable waters of the United States or adjoining areas, such as harbors, used in loading and unloading a vessel, the workers are covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA), a federal act. Like…
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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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Is horseplay a defense to a workers’ compensation claim?
Horseplay is not a general defense to a workers’ compensation claim. Some amount of horseplay can be expected in the workplace. How much horseplay is considered normal may vary depending on the work environment. A defense may exist if the horseplay resulting in an injury is so extreme that the injured employee is no longer…
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Will a prior knee injury I suffered years ago preclude me from recovering workers’ compensation if I reinjury my knee?
A well-known principle in workers’ compensation law is that an employer takes an employee as the employer finds them. An employee is not disqualified from recovering workers’ compensation benefits simply because they have a preexisting condition. The employee must show their work aggravated or exacerbated the injury to recover workers’ compensation benefits.
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Can an I recover workers’ compensation in New Jersey if my work causes post-traumatic stress disorder?
Yes. If something happens at work to cause an employee to suffer PTSD, the employee may recover workers’ compensation. The PTSD may be related to a physical injury at work, or it may be the only injury. In New Jersey, the employee does not have to be engaged in a certain occupation, such as a…
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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.