Workers’ Compensation and Current Laws
If you have been injured on the job, you probably heard of workers’ compensation benefits and the benefits that they can pose in your life. Employees who are eligible will receive compensation for lost work and medical bills, no matter who was at fault for the accident. However, they also forfeit the right to sue their employers for whatever illness or injury they received. There are three requirements to meet that include the employer absolutely having to carry workers’ compensation, you must be an employee, and your injury or illness absolutely has to have been work-related.
Of course, not everybody is entitled to workers’ compensation. For instance, some of the people who are not covered are domestic workers, agricultural workers, leased workers, seasonal workers, or undocumented workers.
New Jersey Laws
In each state, the laws surrounding workers’ compensation will vary. In the state of New Jersey, there are many workers’ compensation laws imposed by the Department of Labor and Workforce Development Division of Workers’ Compensation. Here are some of the actions at law covered in New Jersey under codes:
- 34:15-1: Employees’ right to recover for negligent injury; willful negligence as defense; jury question: Let’s say that a personal injury is caused to an employee by accident while he or she is working in the course of employment. If negligence of the employer occurred, the employee shall receive compensation from the employer. However, the employee must not have been negligent himself or herself at the time the injury occurred. There will be an investigation into these matters through question, answer, and evidence.
- 34: 15-2: Defenses abolished: If the injury was caused to some degree by the negligence of another employee, the right to compensation will not be defeated.
- 34:15-3: Contract not to bar liability: If you are an independent worker, you have rights. If you have entered into a contract, either written or verbal with your employer, then this shall not bar the liability of the employer for injury caused to an employee. If a defect was not discovered and remedied by an employer because of negligence, then you could hold the employer liable because it was their duty to make sure that everything was in proper condition.
- 34:15-4: Death of employee: Under sections 2A:31-1 to 2A:31-6 of the New Jersey Statutes, provisions of the article should apply to a claim of the death of an employee.
- 34:15-5: Burden of proof: Burden of proof shall establish willful negligence of the injured employee, which will be upon the defendant.
- 34:15-6: Liens for legal services or disbursements: No claim for legal services or disbursements shall be an enforceable lien against the amount paid as compensation. However, if writing is given by the defendant of such a claim, the same shall be a lien against the amount paid as compensation.
Workers’ compensation can be an extremely difficult law to understand. Claims are made for many reasons, since many injuries happen on the job at any given time. If you have received an injury, you should always tell your employer as well as seek medical attention. After this, you may wonder what actions you can take due to your injury. Call an attorney that you can trust to deal with your personal injury case at Maggiano, DiGirolamo & Lizzi. We’re waiting to hear from you.