New Jersey law requires that all employers cover their employees with a workers compensation insurance policy. The workers’ compensation policy is meant to cover medical expenses and help cover a portion of their lost wages while they are unable to work. The insurance policy also helps protect the employer from being held liable for the accident.
The concept behind worker’s compensation seems very straightforward and logical. It appears to be something that would be simple to apply for and receive benefits when you have been injured. Regretfully, it is never that simple. Anyone who has been injured at work is encouraged to speak to a Trenton workers compensation lawyer about their case.
We offer FREE CONSULTATIONS. We understand that you may not be sure what a NJ injury attorney can do for you when it comes to workers comp, so we give you the opportunity to come in and speak with one of our attorneys with NO OBLIGATION and NO COST.
Important Information About Medical Care Under New Jersey Workers Compensation
Workers compensation covers the following medical care for all employees injured on the job who file a claim. New Jersey works compensation insurance is a no-fault type of plan that does not require fault to be proven to get medical treatment. However, if it is discovered that the employee was under the influence, or if the employee intentionally injured themselves so that they can claim benefits, the insurance provider will deny the claim.
Workers compensation provides the following healthcare services:
- Emergency Care or Urgent Care Visits
- Diagnostic Tests including Imaging
- Follow Up Doctor Appointments
- Surgical Procedures
- Physical Therapy
- Rehabilitative Services
It must be understood that the State of New Jersey manages the workers’ compensation insurance program. All medical care is managed through Horizon Casualty Services. It does not matter what industry you are in or what type of injury you have. Horizon will schedule all of your appointments and manage all of your medical care. You DO NOT have the right to seek medical care outside of their providers.
You must attend all of the appointments that are scheduled for you, and you must comply with testing and therapies. If you miss appointments or refuse therapy, medication or follow up care, the workers’ comp adjuster has the right to end your claim. What is even more important to remember is that you could be held responsible for your medical care costs if you do not follow through on their treatment plans.
Wage Replacement Benefits For Workers Compensation in New Jersey
Workers compensation guarantees that they will replace a portion of your wages while you are unable to work due to a work injury. Under the workers’ compensation policy, employees are eligible for up to 70 percent of their average weekly wages. This alone can place a burden on a family trying to cover their bills.
However, New Jersey state law states that the maximum benefit that can be paid weekly for workers compensation benefits is $871 per week. If you are a higher end earner, this amount may place you well below the 70 percent mark for compensation pay.
It is very important that you speak with a Trenton workers compensation lawyer when you are injured. It is the best way to protect your right as an injured employee and ensures that you receive all of the benefits that you are entitled to under the law.
Third Party Claims For Workers Compensation Cases
Workers compensation protects employers from being sued by the employees when they have been injured. However, if there is a third-party that ed to the injury, your workers’ compensation attorney may seek additional compensation from them for causing the accident.
Third parties could be anyone that comes into direct contact with the business and the employee. For example, a third-party claim could be made against:
- The Property Owner. If the property owner did not properly maintain the property and knew that there were dangerous conditions, they could be held liable for the injuries their negligence caused. See premises liability.
- Business Vendors. If a vendor does something at the business property, for instance, build a display, and that display falls and injures an employee, the vendor could be held liable.
- Customers. If the customers of the company cause harm to the employee, the customers can be held responsible for the injuries.
- Product Liability. Anything used in the course of business that may have caused harm because it had a design or construction flaw could lead to a third-party action against the manufacturer.
- Poor Maintenance. If the maintenance company does not properly repair equipment and that failure leads to injury, the maintenance company may be held liable for negligence.
Other issues may also arise in a workplace injury that could result in a third-party action. These are only a few of the scenarios that could happen. Your Trenton workers compensation lawyer will review your accident carefully to determine the exact cause of the event so that any third parties may be held responsible.
Not All Injuries Involve An Accident
It is common knowledge that any injury caused by an accident at work qualifies for workers’ compensation. Employees, however, are also entitled to workers’ compensation benefits and medical care treatment for injuries that occur due to their actual work.
Employees who use vibrating hand tools such as drills, grinders, jackhammers, and similar equipment can suffer from repetitive motion damage to their wrists and arms. This is a serious condition that can cause significant pain and loss of movement. Another example would be carpal tunnel syndrome. A person that types for a significant amount of time each day may find that the tendons in their wrists have become distended and require therapy and possible surgery to repair.
Injuries to the neck and spine can occur from the use of ergonomically incorrect seating or standing positions. Overextension of back muscles and sometimes leg muscles can occur. Many possibilities can occur within the work setting that can lead to constant pain and discomfort as well as permanent injury.
Under state law, you have the right to seek compensation and medical care for these conditions just like you would for a workplace accident. You are only required to file a workers compensation claim with your employer.
These types of injuries, however, are the kind that the workers’ compensation panel likes to push through the system quickly. If you have received a workplace injury from the type of work that you perform, it will be in your best interest to speak with a Trenton workers compensation lawyer about your case.
Your lawyer will be able to protect your rights as an injured employee so that you can receive the benefits you are entitled to under the law.
When You Are Injured
If you are injured on the job in any way, it is important to file an official workers compensation report with your employer as soon as possible after the injury occurs. It is also recommended that you immediately request medical care for the injuries. By law, you are entitled to request medical care for up to 14 days after the injury occurred, but delays can lead to denial of your claim.
If your employer refuses to file the workers’ compensation claim, you have the right to do so yourself. You can report your accident or injury directly to the Division of Workers Compensation. This will allow you to start the process. If your employer does deny you the right to file a claim for injury, you should speak to an attorney first before filing your claim. This will protect your rights and ensure that the claim process begins.
Contact A Trenton Workers Compensation Lawyer Today
Although the workers’ compensation program was designed to be an easy way to protect employees that are injured on the job, it often becomes a complicated process. When those complications arise, it is the employee that generally loses out.
Workers comp is managed by adjustors that base their choices off of their experience working as an adjuster and the need to close cases quickly for the least amount of cost. They do not base their decisions off of medical knowledge or for the benefit of the employee.
The only way to ensure that you are receiving all of the benefits you are entitled to under New Jersey workers compensation laws is to have quality legal representation.
SCHEDULE A NO-OBLIGATION FREE CONSULTATION with one of our Trenton workers compensation attorneys. Our attorney will explain to you what your rights are for receiving workers compensation benefits and how they can help you win your claim for benefits.
NEVER A FEE UNTIL WE WIN. We understand that an injury can place a lot of financial strain on the injured party. We try to help by working on a contingency basis. What this means is that we do not charge any up-front legal fees for our services. There is never a fee until we win your case.
There is no reason to delay speaking to an attorney about your case. Contact one of our professional Trenton workers compensation lawyers today to find out how we can help you win your claim for benefits.