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Workers' Compensation
Workers Compensation insurance is required by law to be carried by every employer in New Jersey. Our Bergen County workers' compensation lawyers are committed to asserting the rights of employees in this system. If a New Jersey employee is injured at his or her job the employer is required to provide the employee with medical care that includes hospital, medical, surgical or even dental services. This can include providing the injured employee with physical therapy, nursing care and medication. If an injured employee is unable to work for more than seven days he or she is entitled to be paid for the entire time they have spent out of work the end of their workers compensation case. The employee may also be entitled to payment for what turns out to be a permanent disability. Something to keep in mind is that any employee injury is covered under Workers Compensation even if the employee directly or indirectly caused his or her own injury. If the employee was injured while performing their job they are covered under Workers Compensation.
The New Jersey Workers Compensation statute allows for three main types of job related injuries. Those three types of job related injuries are Specific Accident Claims, Occupational Exposure Claims and Repetitive Motion Claims. Our Bergen County workers' compensation attorneys can assist you with any of these types of claims.
Specific Accident Claims are simple everyday accidents. They include, but are not limited to, accidents involving a piece of equipment or machinery, lifting injuries and even altercations with other workers.
Occupational Exposure Claims involve employees being exposed to chemicals, dusts, asbestos and other harmful substances. This type of exposure can cause a employee to become sick with cancer, breathing problem or heart problems.
Repetitive Motion Claims involve the repetitive stress of a job causing injury. Probably the most common example is when an employee has to constantly lift heavy objects that cause injury. Another example would be if your job requires you to stand or walk all day you may sustain injuries to your knees.
The New Jersey Workers Compensation Statute provides that an injured employee is entitled to three types of Workers Compensation benefits.
An injured employee is entitled to Medical Benefits/Treatment that allow for his or her injury to heal. The employee is also entitled to Temporary Disability Benefits that pay for his or her time out of work due to injury. Permanent Disability Benefits finally provide an injured employee with the right to seek monetary compensation due to permanent disability.
FAQsIf I file a successful workers’ compensation claim, can I still file a negligence lawsuit against my employer at a later date?
No. States enacted workers’ compensation programs as a substitute and replacement for civil litigation in cases of employment-related injury. They are intended to compensate injured workers for their medical bills, lost wages, and other losses without clogging the court system with a long, drawn-out lawsuit. The upside for workers is that, even though they can’t obtain noneconomic damages available in a lawsuit such as pain and suffering, the compensation they are entitled to is undiminished even if they were partly or fully responsible for their own injuries, which is usually not the case in a personal injury claim. However, litigation is still sometimes necessary in workers’ comp cases when an employer or its insurer denies or challenges an employee’s claim; furthermore, the injured worker might be able to bring a civil suit against a negligent third party such as a subcontractor.
If I’m hurt on the job, do I have to prove that my employer’s negligence caused my injury in order to receive workers’ comp benefits?
No. One of the best things about workers’ comp from the employee’s point of view is that he or she can seek and obtain benefits without having to show fault on the part of a defendant (in this case the employer), as is the case in civil personal injury litigation. While jury awards and settlements arising from a personal injury suit can ultimately be greater than the benefits offered by workers’ comp programs, a great deal of expense is spared in not having to hire accident experts and other witnesses to prove fault or go through the lengthy litigation discovery process.
What is a reason that an employer would deny my workers’ comp claim?
Since employers and their insurers are barred by workers’ comp law from arguing contributory fault on the part of the employee, one common way they attempt to avoid paying benefits is by claiming that the worker’s injury or ailment pre-dated the incident or was unrelated to the workplace. For instance, they could claim that a repetitive-motion injury or a back injury actually was caused or aggravated by a worker’s activities off the job. In the case of cancer or other disease, they could argue that the employee already had it or did not contract it on the job. In these cases, the assistance of an experienced workers’ comp attorney is often vital.
Call Aretsky & Aretsky today for a free assessment of your claim by a workers' compensation lawyer in Bergen County.
Ridgewood Location45 N Broad St #19
Ridgewood, NJ 07450
Phone: 201-996-0234
