Knowledgeable Woodbury Workers’ Compensation Attorneys Help Their Clients Secure Benefits After a Job-Related Injury
Millions of New Jersey residents spend at least a third of their weekdays at work. With so much time and activity devoted to work, workplace injuries are a constant risk.
For many Woodbury residents, work-related injuries aren’t just a risk: They are a reality. If you’ve been injured on the job, while traveling for work, or by a dangerous condition at your worksite, talk to an experienced Woodbury workers’ compensation lawyer today. The team at Petrillo & Goldberg can help.
Workers’ Compensation Basics in New Jersey
Workers’ compensation is a form of insurance. Most employers in New Jersey are required to have workers’ compensation coverage. This coverage may be purchased through an insurance company, or an employer can self-insure.
The purpose of workers’ compensation insurance is to provide benefits to employees after a work-related injury or occupational disease. Workers’ compensation covers injuries from accidents that “arise out of an in the course of employment.”
Workers’ compensation covers most employees in the state of New Jersey. Coverage begins on day one of your employment. You do not have to sign up for workers’ compensation coverage: It applies automatically once your employment begins.
Workers’ compensation covers nearly all employees. However, it does not cover independent contractors, temporary or contract workers, or gig workers. In some cases, employers classify employees as independent contractors incorrectly. If you think you’ve been misclassified, it’s important to speak to an experienced workers’ compensation lawyer as soon as possible.
Workers’ Compensation Benefits
Workers’ compensation in New Jersey offers several categories of benefits.
- Medical benefits to cover the expenses of medical care that is “reasonably required” to treat or cure the injury,
- Temporary total disability (TTD) benefits, which replace a portion of missing wages when an employee misses work to recover from an injury,
- Permanent partial disability (PPD) benefits to cover the costs of a permanent disability or disfigurement that doesn’t completely prevent the person from working and
- Permanent total disability (PTD) benefits to help employees whose injuries prevent them from doing any work ever again.
Workers’ compensation also provides death benefits to surviving family members if a work-related injury or illness causes death.
Workers’ compensation benefits are provided on a “no-fault” basis. This means you don’t have to prove that your employer or anyone else caused your injuries. To receive workers’ compensation, it’s enough that you’re an employee who experienced a work-related injury or an illness caused by your work.
How to Start the Workers’ Compensation Process
To start the workers’ compensation process, notify your employer as soon as possible if you’re injured at work or you have an occupational illness. You can tell your employer verbally or in writing. If you write a note or an e-mail, include the time, date, and place of the accident if you know them.
If you haven’t notified your employer yet, do so as soon as possible. The longer you wait to notify your employer, the longer you’ll likely have to wait for workers’ compensation benefits.
If you have an occupational disease, notify your employer as soon as possible after you’re aware you have an occupational disease. For example, if a doctor diagnoses you with silicosis related to your job, tell your employer about the diagnosis as soon as you can.
Once you notify your employer, the employer will contact their workers’ compensation insurer. The employer must also provide you with necessary first aid and medical services. Depending on your injury or illness, this may include providing first aid on-site, calling 911, or taking other steps to get necessary medical care.
Employers must also report certain accidents and injuries to the Workers’ Compensation Commission. Employees don’t have to make this report – the law places the responsibility on the employer. Written reports of job-related deaths or injuries that cause work loss longer than three days are mandatory.
If an employee cannot work for more than three days due to injury, the employer must take one of three steps:
- Begin providing temporary total disability (TTD) payments to the employee,
- Provide a written list of information the employer needs before they can begin paying TTD benefits or
- Explain in writing why TTD benefits are being denied.
If you are denied benefits, reach out to an experienced Woodbury workers’ compensation attorney as soon as possible. In many cases, denials are simply due to lack of communication – a problem your attorney can fix, while you focus on healing from your injuries. A lawyer can also help you file a claim with the Workers’ Compensation Commission if your employer continues to deny you benefits.
In New Jersey, most employers are required to:
- Purchase workers’ compensation insurance or receive permission from the state Workers’ Compensation Commission to self-insure,
- Post notices in the workplace about employees’ rights under workers’ compensation law,
- Keep records of reported injuries and occupational illness,
- Report any accidents, injuries, or illnesses that cause an employee to lose more than three days of work.
Employers may not charge employees for workers’ compensation coverage or benefits. Employers are also prohibited from firing, refusing to rehire, harassing, or discriminating against any employee for seeking or receiving benefits under the Workers’ Compensation Act.
Can I File a Lawsuit in Woodbury, NJ?
Generally speaking, you may not sue your employer for work-related injuries or occupational illnesses. Workers’ compensation is designed to provide assistance so that employees and employers don’t have to engage in lawsuits to ensure workers get needed benefits. This is true even if your employer is at fault for your injuries.
New Jersey law prohibits employers from discriminating against employees who seek benefits, receive them, or otherwise act to lawfully exercise or protect their rights under the Workers’ Compensation Act. If your employer fires you, harasses you, discriminates against you, or takes a similar prohibited action, you may be able to seek damages for this violation.
While injured workers generally cannot sue their employers for compensation related to the injury, they may be able to file a lawsuit against a third party who was responsible for their injuries.
Examples of situations in which a third party might be responsible for your work-related injuries include:
- A delivery truck driver is making their usual deliveries when a negligent driver runs a red light and collides with the delivery truck, injuring the driver.
- A tool manufacturer sells tools with a dangerous hidden defect. The defect causes the tool to catch fire when a construction worker attempts to use the tool, causing the construction worker to suffer burn injuries.
- A grocery store customer becomes violent and begins throwing punches, hitting a retail employee and injuring them.
Other similar situations can also occur. If your injuries involved a party other than your employer, it’s important to reach out to a dedicated Woodbury workers’ compensation attorney. A lawyer with experience handling workers’ compensation and personal injury claims can help you determine if you have a third-party claim.
Speak to an Experienced Workers’ Compensation Attorney in Woodbury Today
Like most Woodbury workers, you probably showed up to work committed to doing your job and doing it well. Instead, a serious injury or illness not only stopped you from working but derailed all your plans – and it may continue to do so in the future.
Workers’ compensation was designed to help injured workers handle medical expenses, meet the costs of daily living, and recover from their injuries. When you face denials or delays, you’re deprived of the very purposes of workers’ compensation coverage.
The longer you go without needed benefits, the more hardship you and your family may face. Medical bills and other expenses pile up. You may start to worry about how you’re going to pay the bills or make ends meet. You may wonder if you’re going to be able to work again. If you can’t afford physical therapy or rehabilitation assistance, you may fear that any chance you have of regaining your health is slipping away.
You don’t have to fight for your rights alone. At Petrillo & Goldberg, our knowledgeable Woodbury workers’ compensation attorneys can help you deal with insurance companies, gather information, and fight for the benefits you need. Contact us today to schedule a no-cost, no-obligation consultation with an experienced lawyer.
