Woodbridge Workers' Compensation Lawyers

Protecting Your Rights After a Workplace Accident

If you are injured on the job in New Jersey, you are entitled to workers' compensation benefits regardless of who was at fault. However, workers' compensation benefits are limited and do not pay you for everything you have lost, including pain and suffering. If your injury was caused by the negligence of what is known as a "third party," you may be entitled to seek additional compensation with the help of our legal team. At Palmisano & Goodman, P.A., our Woodbridge workers' compensation lawyers represent workers who are injured on the job.

Seriously injured while at work? Let us help. Call our Woodbridge workers' compensation attorneys today to discuss your case in a free consultation.

What is Workers’ Compensation?

Workers' compensation in New Jersey is a system created by the state legislature to provide benefits to workers who are injured or contract an occupational illness while on the job. It is a requirement for all employers in New Jersey to have workers' compensation insurance. The purpose of this system is to protect employees by providing them with medical treatment, wage replacement, and other necessary benefits if they suffer injuries or illnesses related to their work.

When an employee is injured or becomes ill due to work-related reasons, they can file a workers' compensation claim. This claim is typically handled by the employer or their workers' compensation insurer, who will file a First Report of Injury form with the New Jersey Division of Workers' Compensation within 21 days.

In New Jersey, workers' compensation benefits can be categorized into several common types:

1. Medical Benefits: Workers' compensation provides coverage for necessary medical treatment related to a work-related injury or illness. This includes doctor visits, hospitalization, medication, therapy, and rehabilitation services.
2. Temporary Disability Benefits: If an employee is unable to work due to their work-related injury or illness, they may be eligible for temporary disability benefits. These benefits provide wage replacement at a rate of 70% of the worker's average weekly wage, up to a statutory maximum rate set by the state. Temporary disability benefits are intended to cover the period during which the worker is temporarily unable to work.
3. Permanent Partial Disability Benefits: If a worker's injury or illness results in a permanent partial disability, they may be entitled to permanent partial disability benefits. These benefits are based on the extent of the worker's impairment and are paid out as a percentage of the worker's average weekly wage, subject to the statutory maximum and minimum rates.
4. Permanent Total Disability Benefits: In cases where a worker sustains a permanent total disability that renders them unable to perform any gainful employment, they may be eligible for permanent total disability benefits. These benefits provide ongoing wage replacement for the entirety of the worker's life or until they are able to return to work in some capacity.
5. Death Benefits: If a worker dies as a result of a work-related injury or illness, their dependents may be eligible for death benefits. These benefits typically include financial support for funeral expenses and ongoing compensation for the dependents.

Employers in New Jersey are required to carry workers' compensation insurance coverage, which helps employees recover from work-related injuries or illnesses. This insurance coverage ensures that employees receive the necessary medical care and financial support in case of an accident or injury at work.

Why Are Workers' Compensation Benefits Denied?

Workers' compensation benefits can be denied for several reasons. Here are some common reasons:

1. Injury did not occur at work: To be eligible for workers' compensation benefits, the injury or illness must have happened while the employee was performing work-related duties. If the injury occurred outside of work or during non-work activities, the claim may be denied.
2. Failure to report in a timely manner: It is crucial to report any work-related injury or illness promptly. Delaying the reporting process can raise doubts about the validity of the claim and may result in denial.
3. Lack of witnesses: Having witnesses who can corroborate the incident can strengthen a workers' compensation claim. If there are no witnesses to support the occurrence of the injury, it may be challenging to prove its work-related nature, leading to denial.
4. Incomplete or inaccurate paperwork: Failing to provide complete and accurate documentation can result in claim denial. It is essential to fill out all necessary forms correctly and include all relevant medical records and other supporting documentation.
5. Pre-existing condition: If the injury or illness is related to a pre-existing condition that existed before the employment, the claim may be denied. However, if the work environment aggravated or worsened the pre-existing condition, the claim may still be valid.
6. Missed deadlines: Each state has specific deadlines for reporting work-related injuries and filing workers' compensation claims. Missing these deadlines can lead to claim denial.
7. Discrepancies in the claim: Inconsistencies or discrepancies in the information provided in the claim, such as conflicting medical reports or inconsistent details about the incident, can cast doubt on the validity of the claim and result in denial.
8. Employer dispute: Employers or their workers' compensation insurers may dispute a claim for various reasons. This could include questioning whether the injury is work-related or disputing the severity of the injury.
9. Failure to seek medical treatment: If an employee fails to seek timely and appropriate medical treatment for their injury or illness, it can raise doubts about the seriousness of the condition and may lead to claim denial.
10. Violation of company policies: If the injury or illness occurred due to the employee's violation of company policies or engaging in prohibited activities, the claim may be denied.

It is important to consult with our workers' compensation attorneys in Woodbridge, NJ if your claim is denied to understand your options and pursue any necessary appeals.

What Is a Third-Party Claim?

A third-party claim is a legal action filed by an injured worker against a person or entity other than their employer, who may have been responsible for causing the workplace injury. This claim is typically a personal injury lawsuit seeking compensation for damages such as medical expenses, lost wages, pain and suffering, and other losses resulting from the injury.

In exchange for providing workers' compensation benefits, employers in New Jersey are generally protected from employee lawsuits for injuries that occur on the job, except in cases of extreme negligence. However, third parties are not protected from personal injury claims, which our team can help you file.

Third parties may include anyone who does not work for your employer, including:

• Manufacturers and Distributors: Companies that design, manufacture, or distribute defective equipment, machinery, or products used in the workplace. If a defect in these items causes injury, the injured worker may file a claim against the responsible party.
• Contractors and Subcontractors: Contractors and subcontractors who are responsible for construction, maintenance, or repair work at a job site. If their negligence or unsafe practices lead to an injury, they may be held liable.
• Property Owners or Occupiers: Owners or occupants of properties where the injury occurs, such as landlords, property management companies, or businesses leasing space. If hazardous conditions on the property cause the injury, the injured worker may have a premises liability claim.
• Drivers in Motor Vehicle Accidents: Third parties who cause motor vehicle accidents while an employee is on the job. If another driver's negligence leads to a workplace-related car accident, the injured worker may file a claim against the at-fault driver.
• Engineers and Architects: Professionals involved in the design and planning of a workplace. If design flaws or errors in construction plans lead to injuries, these professionals may be held responsible.
• Maintenance and Repair Contractors: Companies or individuals responsible for maintaining and repairing equipment, machinery, or facilities in the workplace. If inadequate maintenance leads to an injury, they may be liable.
• Service Providers: Companies or service providers responsible for specific services on the job site, such as cleaning, pest control, or equipment servicing. Negligence or unsafe practices by these service providers could lead to injuries.
• Non-Employees on the Premises: Non-employees, such as visitors, customers, or vendors, whose actions or negligence contribute to workplace accidents. In some cases, their actions may make them liable for the injury.
• Security Companies: Security companies hired to maintain safety and security on the premises. If they fail to provide adequate security, resulting in an injury, they may be held accountable.
• Government Entities: In some cases, government entities responsible for maintaining public infrastructure or roadways might be liable if unsafe conditions on public property lead to a workplace injury.

When Can I Sue My Employer for a Work Injury?

In New Jersey, like in many other states, the workers' compensation system is designed to provide benefits to employees who suffer work-related injuries or illnesses, regardless of fault. This system generally prevents employees from suing their employers for work injuries in most cases. However, there are some limited situations in which you may be able to sue your employer for a work injury.

For example, if you can prove that your employer intentionally caused your injury or engaged in conduct with the explicit intent to harm you, you may have grounds for a lawsuit. This is a high legal standard to meet, and you would need to provide compelling evidence of your employer's intentional wrongdoing.

Additionally, New Jersey law requires most employers to carry workers' compensation insurance. If your employer fails to provide this coverage when they are legally required to do so, you may have the right to file a personal injury lawsuit against them for your work-related injuries.

Experienced Woodbridge Workers' Comp Attorney

If your injuries were caused by the negligence of a third party, our Woodbridge workers' compensation lawyers may be able to file a personal injury lawsuit against the third party. Doing so would allow us to seek compensation for damages not covered by workers' compensation. This is very important in cases where your injuries were severe and where you are not able to return to work due to the severity of the accident.

A few examples of compensation we may be able to recover in a third party claim include:

• Pain and suffering
• Loss of enjoyment of life
• Emotional trauma
• Full wage replacement

Woodbridge Work Injury FAQ:

We Are Here to Help  

Our law firm has a proven record in personal injury and wrongful death claims. For a free consultation with the experienced Woodbridge workers' compensation attorneys, call our office at (732) 709-4400.

Suggested Reading:

• What Are the Most Common Workplace Accidents?