FAQs
If you’ve been injured, let us help fight for your compensation.
FAQs
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Can I file a lawsuit for my workplace injury?
Like a personal injury claim, a workplace injury or illness may be the caused by a negligent or intentional act of injured party, the employer or other employees. When a person is harmed in a non-work-related incident, they have the option to file a personal injury lawsuit for recovery of compensation for their injuries and…
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What does workers’ compensation cover?
The workers’ compensation system is designed to offer a quick way for employees to obtain the compensation they need after a workplace accident. Generally, once approved for workers’ compensation, an injured employee can receive benefits to help them recover the economic costs associated with their injury. Economic damages are those that are easily determined, based…
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Can I file for workers’ compensation and then sue my employer based on injuries I sustained at work?
Probably not, but maybe. Under New Jersey law, a workers’ compensation claim is an injured employee’s sole remedy against their employer. However, there are notable exceptions. Workers’ compensation claims are intended to provide injured employees a quick way to obtain limited benefits after a workplace injury. There are several benefits to a workers’ compensation claim….
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What type of benefits does a workers’ compensation claim provide?
The workers’ compensation system is a no-fault insurance program that compensates employees for work-related injuries and illnesses. Because injured workers are not allowed to bring a personal injury claim in most cases, it also protects employers against liability arising from employee injuries and illnesses. Generally, when a worker accepts workers’ compensation to cover the costs…
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I was injured at work, but it wasn’t my employer’s fault, can I still get workers’ compensation benefits?
Yes. One of the primary benefits to the workers’ compensation program is that it is a no-fault system, meaning that an employee does not need to prove that their employer – or anyone else – was negligent in causing their injuries. Of course, there are a few exceptions. In the following situations, an employee may…
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What does “frolic in the course of employment” mean?
Workers’ compensation claims arise when an employee become injured or ill in the workplace or during the course of employment. When an accident occurs in the workplace during the employee’s work shift, it is more apparent that the injuries are work-related. However, there are times when an employee is injured outside of the job location…
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What if I recover compensation from a third party based on my workplace injury?
In some workplace injury cases, an injured employee is eligible for compensation through multiple avenues. Typically, after an on-the-job injury, an injured worker can apply for workers’ compensation benefits. Because the New Jersey workers’ compensation program is not fault-based, an employee does not need to prove that their employer – or anyone else was at…
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Do I have any options if I do not like the workers’ compensation doctor my employer selected?
The workers’ compensation program provides benefits to employees who suffer any type of on-the-job injury or an injury or illness that is related to their job. Medical benefits are among the most commonly sought benefits available in a workers’ compensation claim. However, other benefits include ongoing temporary permanent benefits based on the employee’s inability to…
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Can I file a lawsuit against a coworker whose negligence caused my work injury?
No. Workers’ compensation is your exclusive remedy for negligent acts of coworkers. If you are injured as the result of a negligent act of your coworker, you can recover workers’ compensation benefits from your employer. In general, you cannot file a tort action against the coworker or your employer. You may file a suit against…
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What is the odd-lot doctrine?
Under the odd-lot doctrine, a New Jersey judge may consider factors beyond physical and neuropsychiatric impairments to find an injured worker permanently and totally disabled. For the odd-lot doctrine to apply, physical and neuropsychiatric impairments must constitute at least 75 percent of the worker’s disability, and the worker must be unemployable as a result of…