Workers’ compensation is an insurance program that was developed to help safeguard employee pay and benefits in the event of injury or illness that occurs on the job. Employees in the State of New Jersey who become injured or ill for a work-related reason may be able to claim workers’ compensation benefits in order to make up for lost wages and pay for medical expenses.
However, obtaining these benefits can be difficult if your employer or the insurer disputes your claim. When this happens, it may help to call on a Linden workers’ compensation lawyer to learn more about your legal rights and receive support. Reach out to Maggiano, DiGirolamo & Lizzi P.C. at (201) 585-9111 now for a free consultation to discuss your claim.
Workers’ Compensation Program in New Jersey
The workers’ compensation insurance program in New Jersey is “no-fault” insurance. This means employees can claim benefits regardless of who was at fault for the accident and resulting injuries, according to the NJ Division of Workers’ Compensation (DWC). This does not include injuries that occur due to the employee’s own negligence.
Once workers claim these benefits, they surrender their right to file a claim against their employer to pursue damages, with the exception of intentional acts. If an employer fails to report the incident or the insurance company denies your claim, you may have the option of filing a claim petition or requesting a claim hearing.
For a free legal consultation with a workers’ compensation lawyer serving Linden, call (201) 585-9111
About Workers’ Compensation Claims
The majority of New Jersey employers must carry workers’ compensation insurance benefits for employees or submit proof of self-insurance. Should you find that your employer does not carry this insurance coverage, you can report this information to the New Jersey Office of Special Compensation Funds (OSCF). Temporary coverage may be available for employees of uninsured employers.
Linden Workers’ Compensation Lawyer Near Me (201) 585-9111
People Who May Qualify for Workers’ Compensation
In general, workers’ compensation benefits are available for those who become injured while on the job. The no-fault principle for these benefits in New Jersey means that many will qualify if they suffer injuries in the workplace.
However, not all workers’ compensation claims will receive approval. Some specific circumstances may mean you do not qualify. Those who may qualify to claim workers’ compensation in the State of New Jersey include the following:
- Employees who suffer injuries during work hours and are employed through a New Jersey employer
- Both minors and adults who work
- Those who have more than one job, though they must claim benefits through the position in which they became injured
- Those who have not recovered compensation for the same injury through a third party
You will not be able to claim workers’ compensation benefits if you have already received compensation for that injury. A lawyer can help explain how workers’ compensation claims in New Jersey work, if you qualify to claim these benefits, and what to do if you cannot claim workers’ compensation.
Workers’ Compensation Benefits You May Be Able to Claim
In order to claim workers’ compensation, your injury must put you out of work for seven days or longer. At this time, you may qualify for up to 70% of your weekly lost wages. These benefits are known as temporary total disability benefits.
Your claim may also include medical benefits, which cover any necessary medical care related to your injuries, such as emergency room care, doctor visits, physical therapy, or surgeries.
If you are seriously injured and out of work for many weeks or months, you may be able to claim permanent partial disability benefits or permanent total disability benefits. These types of workers’ compensation provide payments for people who experience injuries that will affect them long-term, such as loss of limb, paralysis, or other traumatic injuries.
People who receive these benefits will either be unable to return to the position they held prior to the accident or may never work again. If you lost a family member due to a job-related accident, you might be able to claim death benefits, which are available to the dependents of loved ones lost to work injuries.
A workers’ compensation lawyer can explain the different types of workers’ compensation benefits available and help you understand your options after a work-related injury. Contact Maggiano, DiGirolamo & Lizzi P.C. at (201) 585-9111 to learn more.
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How a Linden Workers’ Compensation Lawyer Can Help
Healing from a work injury takes time and energy. A workers’ compensation lawyer can manage your claim while you concentrate on your healing and recovery.
While a lawyer can provide a number of benefits when filing a claim or claim dispute on your behalf, here are some of the most important ways a workers’ compensation lawyer may be able to help.
Understanding Your Legal Rights
Workers’ compensation laws in New Jersey may seem complex, but a lawyer will understand these laws, break them down for you, and explain whether you qualify for benefits. They can also explain what your options are if you do not qualify.
Managing All Legal Aspects of Your Claim
In some cases, your options may include pursuing a third-party claim for compensation, known as a personal injury claim. This option may apply if a non-employee was somehow responsible for your work-related injury. When you need to file a claim to cover your injury costs, a lawyer will help you seek this compensation. This could include fighting on your behalf in court, if necessary.
Reach Out to a Linden Workers’ Compensation Lawyer
An injury on the job could leave you with mounting medical bills and personal expenses due to missed time from work, but workers’ compensation benefits can help cover these costs. Contact Maggiano, DiGirolamo & Lizzi P.C. today at (201) 585-9111 to set up a free consultation and discuss your claim with a member of our team.