You are entitled to seek benefits through workers’ compensation if you were injured at your job. However, you may find that your workers’ compensation case is complicated, with your claims being denied or your pain downplayed.
A Garfield workers’ compensation lawyer from Maggiano, DiGirolamo & Lizzi P.C. can work with you to fight for the benefits you deserve. We offer a free consultation, so there’s no need to hesitate. Call now to speak with a team member at (201) 585-9111.
Understanding No-Fault Insurance
Workers’ compensation is a form of no-fault insurance. For example, think of a car accident. In no-fault situations, an injured party can seek compensation regardless of how the accident occurred. In this case, no one must be deemed at fault in order for those involved to seek compensation.
For workers’ compensation, the only requirement is that the injury was work-related. You do not have to show that someone else’s negligence caused your injuries.
Workplace injuries can occur in any industry, from logging to retail. Some examples of what you may have suffered include:
- Back injuries
- Broken bones
- Stress injuries
- Head or neck injuries
- Work-related illnesses
- Burns or electrocution
- Exposure to harmful substances
Regardless of the exact injuries, you have a right to pursue benefits if your injury happened in the course of work.
Benefits You May Be Entitled to Seek
The New Jersey Department of Labor and Workforce Development outlines specific categories of benefits that may apply to your case. These benefits include:
- Temporary disability
- Permanent partial
- Permanent total
- Death benefits, in the event that your loved one died in a workplace accident
You may be able to seek reimbursement for medical help to treat your injury. For instance, if you go to the ER right after the accident, you will not have to pay that cost. This could be covered under workers’ compensation. These benefits can extend to medications, follow-up care, and physical therapy.
Because your injury may force you to miss work, you may be able to receive a percentage of your wages while you recover. Under temporary total disability benefits, you can receive 70% of your average weekly income, as long as you are actively receiving medical help and cannot work as a result.
These benefits only start after you have been out of work for seven days due to the injury. Permanent disabilities can also entitle you to seek wage benefits, with partial and total disabilities involving different benefits calculations.
In some tragic cases, a workplace accident can lead to death. In fact, the Bureau of Labor Statistics (BLS) reports that in 2019, someone was killed by a work-related injury every 99 minutes. If you lost a loved one this way, you may be entitled to death benefits through workers’ compensation.
Requirements for Benefits
To receive your benefits, you have some responsibilities, which include:
- Reporting your injury to your employer
- Consulting approved doctors
- Being truthful about your condition
Insurance companies and employers may be hesitant to pay the full amount you are owed or provide the level of care you may need. Fulfilling these responsibilities is crucial to keeping your case on track. For example, if you decide to consult with a non-approved doctor and your employer or insurance discovers this, you may have to foot the bill for your care.
That being said, you may be doing everything right and still face opposition. If you experience this treatment, you can consult a workplace injury attorney.
For a free legal consultation with a workers’ compensation lawyer serving Garfield, call (201) 585-9111
Reasons to Involve a Lawyer
Workers’ compensation legal cases function similarly to personal injury cases — the goal in both is to ensure an accident victim receives the healthcare and compensation necessary for recovery. Your Garfield workers’ compensation lawyer can put pressure on insurance companies and employers to take your injuries seriously, just as they would in an injury lawsuit.
For instance, you may find your benefits denied or limited due to the following claims:
- You’re exaggerating your injury
- You were not injured at work
- Someone else was at fault
- The care you requested is unnecessary
- You have a pre-existing condition
Calling in legal support in these scenarios can help you fight for your rights.
Denied Medical Benefits
You may experience a complete denial of your claim or denial of parts of it. For example, you may have received authorization for physical therapy but not chiropractic care. Your company may also decide you should be back to normal, regardless of whether you actually are back to normal.
Your attorney can investigate the extent of your injuries, consult medical experts, and determine whether your employer or insurance company is reasonable in their objections. Call Maggiano, DiGirolamo & Lizzi P.C. for help from a team member today at (201) 585-9111.
Placing Blame Elsewhere
An insurance company may claim someone else caused your injury, which would free them from any responsibility to pay for your injuries. This can include placing the blame on:
- Independent contractors
- Third parties
- Equipment manufacturers
In some of these cases, it may indeed be possible to sue another party for personal injury if they caused your accident. However, if you feel your benefits are being denied by shifting responsibility to another party when your injuries truly were caused by your occupation, ask your workplace accident lawyer to step in.
Garfield Workers’ Compensation Lawyer Near Me (201) 585-9111
A Workers’ Compensation Attorney Stands Up for Your Rights
Your Garfield workers’ compensation lawyer can help fight for what you may be due. After you were injured at work, you could be entitled to pursue medical and wage benefits. Contact Maggiano, DiGirolamo & Lizzi P.C. to learn how we can assist with your workers’ compensation case. Call a team member today at (201) 585-9111.