Union City is home to many workers who could suffer an injury on any given day due to the taxing nature of their jobs. When you get hurt in the course of your work, your employer is generally required to provide you workers’ compensation benefits through its insurer. In some cases, those benefits:
- May not be provided by an employer.
- May be denied by an insurance company.
- May not be sufficient to cover your expenses.
- May run out before you are ready to return to work.
There are various remedies for these sorts of problems. Speaking with a Union City workers’ compensation lawyer might give you a better idea of your options for pursuing the compensation that you need.
Workers’ Compensation Law in New Jersey
The law governing workers’ compensation in New Jersey is complicated, but some basic tenets may help you understand your rights as it pertains to receiving compensation for your injury.
According to § 34:15-1 of the State of New Jersey’s Workers’ Compensation Law, you may be entitled to compensation from your employer if:
- You were injured during your employment
- Negligence by your employer was the “natural and proximate” cause of your injury
- You are not deemed to have been willfully negligent in a way that may have caused your injury
According to the same law, you cannot be prohibited from collecting compensation because:
- One of your coworkers was negligent
- You assumed the risks inherent to your job
Your employer has a duty not to act in any negligent way that would put your safety and health at risk. If they fail in this duty, you may be entitled to collect compensation through a Union City workers’ compensation claim.
Going a step further, it is the responsibility of your employer to prove that you were negligent should they contest your claim to workers’ compensation.
We hired Chris DiGirolamo as our attorney after Mike suffered a life changing injury at work. From the time we met Chris we felt we can trust him to work in the best interest for Mike’s needs. Chris is very down to earth and we felt comfortable whenever we met with him. He spoke to us so we always understood what was going on. He never threw around legal jargon that we would not be able to understand. He was always willing to ensure we knew exactly how our case was proceeding. Chris showed humanity in dealing with Mike’s Injuries and understanding of Mike’s unwillingness to accept some of the changes in his life.
Chris’s high level of energy and desire to bring a case to the best possible results were evident from day one. Our case was settled but of court with the help of a mediator and Chris was by our side explaining what was going on every step of the way. His preparation throughout the case was evident as he spoke before the mediator. It was a pleasure to watch. Chris at work and know he was working for us. He is tough and stubborn when necessary. We were also impressed by the respect shown to Chris by the retired judge we worked with as well as other lawyers. Chris was only happy with this case when he knew we had a settlement that we were very impressed with.
I am delighted to provide this testimonial for Mr. DiGirolamo. His representation of me during my case was unflagging over its four-year duration. He kept me informed, and prepared for every eventuality as the case progressed.
He understood my fears and pain, and saw to it that Workmans Comp provided support for me until my civil case was settled. He prepared me substantially whenever necessary. I was very grateful for his understanding of the disastrous effect my accident had on every aspect of my life.
He was always supportive and kind personally, and totally professional. He reminded me to be realistic about the eventual outcome, and advised me as to the importance of my demeanor and attitude.
Everyone I came in contact with at the office was polite and helpful, in particular Marisol Suarez, Mr. DiGirolamo’s paralegal assistant. I will always be grateful for the way my case was handled.
Take These Steps After a Workplace Injury
You must complete the steps that may allow you to file a workers’ compensation claim when you suffer an injury at work. These steps include:
- Seeking medical attention as soon as you can and obtaining documentation of the treatment, including any injuries that result in a medical diagnosis
- Notifying an authority figure at your place of employment of your injury and how it occurred. In New Jersey, the standard for who you should notify is fairly general, but a supervisor or boss is a logical choice
If your employer agrees that your injury came about as the result of negligence in the workplace, they will likely file a claim with their insurer, who may contact you with information pertaining to the claim. It is possible, however, that your employer:
- Does not have workers’ compensation insurance
- Refutes your injury claim
- Refuses to comply with your claim for any reason
If your employer does not have workers’ compensation insurance with an insurance company, you may file a formal claim petition with the Uninsured Employer’s Fund (UEF). Such a claim may lead to:
- An investigation of your employer’s insurance status
- A determination of whether your employer does or does not have workers’ compensation insurance
- Punitive action if your employer does not have the necessary insurance
- Receiving compensation for disability, medical expenses, and any other coverage that you are eligible to collect from the UEF.
If your employer disputes your injury claim or refuses to pay for any reason, you can file a claim petition or application for an informal hearing yourself. At this point, you may also choose to call a Union City workers’ compensation lawyer to assist you with this process and any subsequent legal action that may be necessary to collect workers’ compensation benefits.
Call our team at Maggiano, DiGirolamo & Lizzi P.C. today at (201) 585-9111 for a free consultation.
Potential Outcomes from a Workers’ Compensation Claim or Lawsuit
Workers who file a claim petition or application for an informal hearing are generally represented by a Union City workers’ compensation attorney, who may face off against an attorney from the insurance company that represents your employer. Each side will argue their case, which will generally come down to determining whether you are entitled to workers’ compensation benefits (usually because your employer was negligent in some way).
A Union City workers’ compensation lawyer can assess the facts of your case, including all available evidence, and put forth the argument for why you deserve workers’ compensation benefits. If your attorney is successful in arguing your case, you and your dependents could be entitled to financial coverage for:
- The cost of your accident-related medical care
- Benefits for permanent injury (partial)
- Benefits for permanent injury (total)
- Benefits for a disability
- If you lost a loved one in a work accident, death-related expenses
Such benefits are not guaranteed, and even if you are able to obtain benefits, they may not be the amount that you need or deserve. It is your choice whether to reach out to a Union City workers’ compensation lawyer for assistance, but if you do, they may be able to help you with your workers’ compensation claim.
Verdicts and Settlements
$800,000 - Workplace Safety
To an electrician who suffered flash burns when he plugged in a meter to read the electric usage of a shopping mall tenant.
$817,500 - Premise Liability/Workers’ Compensation
Client 63 years old, was in the course of his employment as a driver for Benjamin Moore Paint and was doing his pre-drive inspection of his 18 wheel tractor trailer. It had snowed 8 inches about 3-4 days prior and the temperature had fluctuated above and below freezing, creating a melt, thaw and then refreeze in the parking lot where the tractor trailers were kept. It had…
$2,325,000 - Work Site Accident
To an HVAC worker who fell through an opening in a roof. The defense argued the opening was obvious and he should have watched where he was going. We proved that the unprotected opening was an OSHA violation and the worker was entitled to a reasonable cover to protect him from an inadvertent slip and fall as required by Federal regulations.
Call a Union City Workers’ Compensation Lawyer
If you determine that you want a lawyer’s assistance to help you pursue a workers’ compensation claim, you can expect them to:
- Familiarize themselves with every detail of your accident and claim
- Put together a case as to why you were injured because of negligence
- Help you file a claim
- Represent you at a hearing to determine your eligibility for benefits
- If necessary, contest a denied claim
- Protect your rights and serve as your legal advocate
Call Our Team at Maggiano, DiGirolamo & Lizzi P.C. Today
You may have much on the line if you were injured on the job and seeking workers’ compensation benefits. If you want a Union City workers’ compensation lawyer to help you fight for the benefits you seek, or simply have questions about how we may be able to help, call our team at Maggiano, DiGirolamo & Lizzi P.C. today at (201) 585-9111 for a free consultation.
