Workers’ compensation laws in New Jersey enable injured workers to obtain compensation to cover their medical costs and potential loss of income. Accident claims in the workplace do not require the worker to prove who was at fault for their injury. Workers’ compensation also provides death benefits to the dependent family members of a worker who died as a result of a workplace injury or illness.
In exchange for the benefits provided in workplace accident claims, the law indicates that the injured worker cannot file a civil lawsuit against their employer for non-economic damages. Exceptions to the rule include intentional acts, as well as cases where a third party is responsible for the worker’s injuries. This article will outline workers’ compensation laws in New Jersey to inform you of your rights; should the necessity for this benefit arise.
Steps to Take After a Workplace Injury
Following a workplace injury, you should speak to a workers’ compensation attorney in New Jersey as soon as possible. The attorney will guide you through the right steps to follow to obtain your rightful compensation. They will ask you to notify your employer for medical treatment. That could include your supervisor, HR office, or anyone else in a position of authority at your workplace. New Jersey workers’ comp law allows the employer or their insurance provider to choose the doctor or doctors; who will treat your work-related injuries.
Your Employer’s Responsibility
Once you report the accident to your employer either directly or through your workers’ compensation attorney, they must inform the insurance company to file a First Report of Injury with the state. The insurance company will assess your workplace accident claim and determine whether it is compensable under the law.
If the insurer accepts your claim, they will arrange for your medical treatment from an authorized medical professional. In case you are unable to work for more than seven days, the insurer will also provide you with temporary disability benefits through your period of rehabilitation. In New Jersey, your wage replacement compensation will be equivalent to 70 percent of your weekly wages, though this is subject to a state-imposed upper limit.
What to Do in Case of a Claim Denial?
Employers may deny accident claims in the workplace if they believe your injuries are not work-related. The best approach in this situation would be to either file a claim petition formally through your workers’ compensation attorney in New Jersey or apply for an informal hearing with the Division of Workers’ Compensation (DWC).
Employment laws in New Jersey protect you and any testifying workers against potential employer retaliation. While you await the outcome on your claim, you might be eligible to receive temporary disability benefits in the meantime.
Consider All Possibilities and Get Legal Counsel
Remember that the no-fault workers’ comp system in New Jersey can be tough to navigate alone the event of your workplace injury. It is also paramount to determine whether any third party could be liable for your injuries. In that case you may have a personal injury claim. Make sure you have a knowledgeable New Jersey workers’ compensation lawyer on your side. The will protect your rights under all circumstances.
Hire an Experienced Workers’ Compensation Attorney to Protect Your Rights
The Law Offices of James C. DeZao, P.A., has been defending the rights of New Jersey residents for over 25 years. We pride ourselves on providing clients with outstanding legal representation. Our renowned firm has proven results in handling cases for people in and around Parsippany, New Jersey. Therefore we can take on your workers’ compensation case as well. Call us today at (973) 358-6134 or contact us online to schedule your free, confidential phone consultation.