NJ Workers Compensation Lawyer
When you are injured on the job, its important to act fast to get the compensation you deserve. You may be eligible for medical expenses, lost wages, and payment for your permanent injury. Attorney David Kaplan provides compassionate legal defense to the injured party while they recuperate.
Workers Compensation Act
NJ workers compensation laws require employers to provide benefits to those injured on the job including wage replacement benefits and prompt medical attention.
Any injury that occurs to an employee “on the clock” is covered under the New Jersey Workers’ Compensation Act independent of who was at fault. The employee needs not to prove that the employer committed negligence for consideration of the compensation to be valid.
In exchange of these assured benefit, the worker has no right to bring any civil action against his or her employer for his or her suffering and pain or other damages unless the case was intentional by the employer.
The employee may, however, bring civil action against the employer if he or she is denied the workers compensation benefits.
Workers Compensation Insurance
Workers compensation insurance is a no-fault insurance program that employers are required to pay for and in return, covers the employers’ business from civil suits for any work-related injuries.
Workers compensation insurance provides coverage for work related injuries and lost wages as stipulated by the law. The insurance covers the hospital and medical bills, the lost wages, and other expenses.
Other expenses may include payment of benefits to the employees when they become unable to return to work as a result of the injury they incurred when at work.
The insurance may also cover training expenses of employees as well as payment of benefits to the family of a deceased employee in his or her line of duty.
Filing for Workers Comp
As an employee, when injured in the course of your work, you will need to seek medical attention first before filing for workers compensation.
You will obtain the workers compensation claim form from your employer and fill out the form completely. The employer has the responsibility to submit all the paperwork to the insurance carrier.
In NJ, you will need to file a separate workers compensation claim with your state’s agency. If the insurance carrier or your employer does not dispute your claim, you will receive full benefits from the insurance carrier.
In some cases, employers may try to dispute the injury claim in an attempt to keep the workers compensation rate from going up. You will need a good lawyer to help you gather enough information and ensure that you get full compensation for any injury you incurred at work.
Workers Compensation Eligibility
Even though employees are under the coverage of workers compensation insurance, the insurance carriers do not compensate all injuries.
The injuries that the insurance carriers most often compensate include:
- Sickness due to exposure
- Occupational disease
- Cumulative trauma injuries
For you to receive full compensation, you need good documentation of your medical records of your injury and treatment.
The insurance carriers in most cases are unwilling and are likely not to pay injuries that are:
- psychiatric injuries
- injuries caused by fighting
- injuries caused in the course of a crime
- injuries caused while under the influence of alcohol or any controlled substance
It is essential for employers, insurance carriers and the employee to engage a law firm whenever a workers compensation dispute arises.
David H. Kaplan has, over the years, worked with clients to settle workers compensation cases. Contact us today for more information!