You have certain rights under workers’ comp, but a variety of factors can impact the outcome of your workers’ compensation case. Workers’ compensation laws vary depending on the state in which you reside, the details of your claim, and your employer’s role in an incident. With so many moving parts, workers’ compensation cases often end up taking a significant mental toll. A lawyer who focuses on workers’ compensation cases can help to clarify your rights and pursue a just outcome on your behalf.
When you sustain an injury in the workplace, you should formally report the injury to your employer immediately so you can begin to put a claim for worker’s compensation in motion. Once you have a valid claim, you can start delving into understanding your rights and any possible benefits you may be eligible to receive.
According to the State of New Jersey Department of Labor and Workforce Development, workers’ compensation is a “no-fault” insurance policy that extends the following benefits to employees who have sustained a work-related illness or injury:
- Medical Benefits
- Permanent Partial Benefits
- Permanent Total Benefits
- Temporary Total Benefits
- Death Benefits to the dependents of workers who died as a result of their employment
When you sustain personal injuries at work, you have the right to pursue compensation for the expenses of your immediate medical treatment and ongoing bills. Physical therapy, rehabilitation programs, and prescription medications can all add up in cost. Worker’s compensation laws, detailed in NJ Rev Stat § 34:15, show that you have the right to compensation for these expenses when certain conditions are met.
Under New Jersey Revised Statutes §34:15-39.1, you also have the right to be protected from an employer’s discrimination if you have claimed or have attempted to claim workers’ compensation benefits. If your employer discharges you or discriminates against you because you claimed or tried to claim such compensation, their actions are punishable by law with a fine of up to $1,000.
When you are unable to return to work and earn income, you have the right to pursue compensation for your lost wages. Regardless of the status of your situation, you also have the right to hire a lawyer who can help you fight for your rights. A lawyer can help you to file a claim, communicate with your employer, and seek any forms of compensation to which you may be entitled.
Filing a Claim
Filing a claim after a workplace injury is a necessary stepping stone if you hope to receive financial compensation. It is crucial to report an incident to your employer. Doing so will formally notify them of your situation and inform the state entities that oversee worker’s compensation cases in your area. Filing an incident report is necessary whether your injuries were caused by your employer or another party.
Once you have a report and a claim, your employer will evaluate the details of your incident. According to the State of New Jersey’s Workers’ Compensation Law, an employer must assess a claim and work to determine if it qualifies for the disbursement of worker’s compensation funds. While these cases can be confusing, strict state laws are in place to prevent employers from avoiding paying for worker’s compensation benefits to employees who sustain injuries on the job.
When a lawyer presides over your case, they will communicate with your employer, your employer’s insurance carrier, and any other relevant parties. A lawyer’s correspondence efforts can give you the space you need to place your energy and attention on healing from your injuries. When a lawyer takes you on as a client, they will fight for justice on your behalf while keeping you updated on the status of your case.
For a free legal consultation, call (201) 585-9111
Contact Maggiano, DiGirolamo & Lizzi P.C. Today
Understanding your rights under workers’ comp can be quite a tricky subject. When you are faced with physical complications from personal injuries, the stress of your obligations can accelerate in tandem with your financial and legal issues.
A lawyer who focuses on these cases can step in to handle any communications with other involved parties. While helping you understand your rights, a lawyer will also fight to ensure that your legal position is preserved as you navigate the details of a workers’ compensation case. The team at Maggiano, DiGirolamo & Lizzi P.C. is here to fight for justice on your behalf. To find out more about how we can help you, call our office today at (201) 585-9111.