A workplace injury can happen whether you’re a machinist in an auto plant or a bookkeeper in a cubicle. Provided you were performing your work duties when you became injured in Jersey City, New Jersey, you may be entitled to receive workers’ compensation benefits.
A Jersey City workers’ compensation lawyer from Maggiano, DiGirolamo & Lizzi P.C. may be able to help you organize your documentation and file a claim, as well as apprise your case to see what other options for recovering damages may exist.
Where and How Workplace Injuries Happen
According to the National Safety Council, nearly 4,500 preventable injury-related deaths occurred in the workplace in 2018. The highest number of injuries occur in the construction industry, followed by transportation and warehousing, then the agriculture, forestry, fishing, and hunting sector.
Common causes of injuries include:
- Slips and falls
- Handling hazardous materials
- Overexertion, resulting in trauma
- Being struck by a heavy object
- Heavy machinery accidents
- Car accidents
If you experience an accident over the course of performing work duties, you may be eligible to receive compensation from your employer via their workers’ compensation insurance.
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.
Common Work-Related Injuries
Insurance Journal released statistics on the most common work-related injuries in 2016. The numbers, representing each injury as a percentage of filed workplace claims total, were as follows:
- 5 percent: fractures.
- 5 percent: inflammation.
- 12 percent: contusions.
- 19 percent: punctures or cuts.
- 30 percent: sprains and strains.
The individuals who suffered these injuries received bills for medical treatment while receiving less income due to missing days at work. It was reported that 78 days was the average missed time at work for fractures. Inflammation led to 91 missed days on average.
The purpose of workers’ compensation is to cover both medical expenses and lost wages following a workplace injury.
Workers’ Compensation in Jersey City
In New Jersey, workers’ compensation covers the costs of medical treatment, lost income, and permanent disability compensation to workers who have been injured on the job.
State law prohibits injured workers from filing lawsuits against their employers unless the injury results from an intentional act. However, workers may be able to receive compensation for their injuries even if they resulted from the workers’ own negligent behavior.
If a worker dies from a workplace injury, their dependents may be able to receive death benefits via the employer’s workers’ compensation program.
How It Works
Employers pay into their workers’ compensation insurance coverage, which all New Jersey employers except those covered by federal programs are required to have. The law also requires your employer to provide employees with information explaining their compensation benefits, how to report an injury, and where they can go to seek medical treatment.
Verdicts and Settlements
$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 to an HVAC worker who fell…
$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…
$300,000 - Fall From Elevated Planking
Settlement in the case of a 62 year old electrician’s helper who died after falling from loose planking at a height of 22 feet in a boiler room at an apartment complex.
The Claims Procedure
If you were injured at work in New Jersey, you should first notify your employer of the injury. New Jersey law permits your employer or the insurance company to choose the healthcare provider that will treat your injury.
After you notify your employer of your workplace injury, they will alert their insurance company. The insurer decides if they are going to accept the claim. If they decide the injury is compensable, the carrier will contact you with more information about a medical provider they have authorized. If your injury keeps you from working for more than seven days, the insurance company may provide disability benefits on top of the workers’ compensation.
Filing a workers’ compensation claim can be a complicated, challenging, and frustrating task. If you are suffering from your injury and feeling anxiety about your economic situation, managing the maze of forms and procedures may be overwhelming.
A Jersey City workers’ compensation lawyer from Maggiano, DiGirolamo & Lizzi P.C. may be able to review your case, advise you on filing a claim, and help file it on your behalf. Call our team at (201) 585-9111 for a free consultation.
How Disputes Are Handled
Your employer’s insurance company can deny a workers’ compensation claim for several reasons. If this happens to you, a Jersey City workers’ compensation lawyer may be able to help with your appeal. They can look at the claim you filed and spot areas that can be polished, explained differently, or better documented.
Our legal team is accustomed to working with insurance companies. We know what they may need to see in a claim or appeal, and we can work with you to ensure your present situation can start moving in the right direction.
Our lawyers may take on your appeal—be it by tweaking your claim or completely overhauling it—and will work to try and get you the best possible outcome for your workplace injury expenses and losses.
Filing a Third-Party Claim or Lawsuit
With a workers’ compensation claim, you may be able to recover medical expenses and lost wages, but you cannot receive compensation for non-economic damages like pain and suffering. You may have to pursue these types of damages in a third-party claim or lawsuit, which cannot be filed against your employer.
However, if another party besides your employer played a causal role in your injury, you may be eligible to receive compensation by filing a third-party claim or personal injury lawsuit.
For example, if you experienced a slip and fall injury, you may be able to pursue damages from the facility owner provided it is not your employer. If a machine malfunctioned and you were injured, you may be able to pursue compensation from the manufacturer.
A personal injury lawyer from Maggiano, DiGirolamo & Lizzi P.C. can talk to you about your accident and help identify possible third parties who may present additional opportunities for compensation.
Call a Jersey City Workers’ Compensation Lawyer Today
After being injured on the job, the most important thing for you to do is to rest and recover. You should not have to endure the stress of gathering documentation, completing paperwork, and fighting for your claim.
You may want to let a workers’ compensation lawyer at Maggiano, DiGirolamo & Lizzi P.C. help start the process of going after compensation you may be entitled to. Call our team at (201) 585-9111 for a free consultation.