Where Work Injuries Occur
Though most work-related injuries occur in fields that require physical labor, such as construction sites, oil refineries, and warehouses, they can happen virtually anywhere. Just some of the places where work injuries are known to occur are as follows:
- Offices
- Supermarkets
- Retail stores
- Jobs involving law enforcement
- Swimming pools/beaches
- Hotels
Types of Work Injuries
Depending on a person’s line of work and their surroundings, there are a wide range of injuries they can potentially sustain while on the job. Some of the most common work-related injuries we’ve seen over the years are as follows:
- Lacerations
- Broken bones
- Spinal injuries
- Cuts and bruises
- Sprains
- Scarring or disfigurement
- Nerve damage
- Loss of hearing or sight
Steps to Take After a Work Injury
If you’ve sustained an injury while on the job, it’s crucial to act quickly to ensure both your health and your ability to recover compensation. If you can, you should take the following steps after a workplace injury:
- Seek immediate medical attention. Your health should always be the top priority. Even if your injury seems minor at first, it’s essential to have a medical professional evaluate you, as some injuries can worsen over time.
- Report the injury to your employer. In New Jersey, you are required to inform your employer about the injury as soon as possible. While it’s best to report the injury immediately, you generally have 90 days from the date of the accident to formally notify your employer. Failing to do so may jeopardize your claim.
- Document the accident. Gather as much information as you can about the incident. Take photos of the scene, your injuries, and any equipment or conditions that contributed to the accident. If there were any witnesses, try to get their statements and contact information.
- Follow your employer’s guidance on medical care. In New Jersey, your employer or their workers’ compensation insurance provider typically has the right to select the healthcare provider you must see for treatment. Ensure you follow this requirement unless it’s an emergency.
- File a workers’ compensation claim. After reporting your injury, your employer should submit a First Report of Injury to their workers’ compensation insurance provider. However, it’s important to stay proactive and make sure the claim is filed properly.
- Meet all deadlines. There are strict timelines for filing a workers’ compensation claim in New Jersey. Generally, you have two years from the date of the injury (or the last date you received benefits) to file a formal claim petition.
- Consult with an experienced team of New Jersey personal injury lawyers. Navigating the workers’ compensation process can be challenging, especially if your claim is denied or you encounter delays. Hiring knowledgeable workers’ compensation lawyers ensures your rights are protected, and you receive the full benefits you’re entitled to.
Workers’ Compensation Claims in New Jersey
Virtually all employees in New Jersey are covered by workers’ compensation insurance. This includes full-time, part-time, and even seasonal workers. You may qualify for workers’ compensation benefits if you are injured in a work-related accident or develop an illness related to your job. This includes sudden injuries from accidents, such as falls or equipment-related incidents, and occupational illnesses or conditions that develop over time, like repetitive stress injuries or exposure to hazardous materials. Psychological injuries, such as post-traumatic stress disorder (PTSD), may also be covered if they are work-related.
There are three benefits an injured employee is entitled to: (1) temporary benefits, which service as wage replacement; (2) medical treatment; and (3) a permanency award. Each of these benefits is described below.
(1) Temporary Benefits -You are entitled to receive temporary disability benefits if your Workers’ Compensation-approved doctor writes a note saying that you are out of work. This benefit is either 70% of your pay or the maximum amount of $969 per week, whichever is lower. If your doctor releases you to “light duty,” you will be expected to go back to work in that capacity if your job offers “light duty.” If it does not, you will continue on temporary benefits until you are released to “full duty.” You are prohibitedfrom working anywhere while you are receiving temporary benefits, including any “off the books” jobs. You are also unable to collect unemployment while you are receiving temporary benefits. If you become unemployed while you are still receiving treatment and are not receiving temporary benefits, you are also barred from collecting unemployment, as doing so would mean you are “ready, willing and able” to work.
(2) Medical Treatment – At some point you will reach what is called “Maximum Medical Improvement” or MMI. This means that there is nothing more that the doctors can do for you to help improve your health or condition. Regardless of the extent of the injury, you will eventually reach this point, at which time your medical benefits will end. After this point, there is a six-month waiting period before permanency examinations can be scheduled, pursuant to Court Rules.
(3) Permanency Award – Once you have reached the end of your treatment, it will be required that you attend permanency evaluations. These are examinations with both our doctors and the employer’s insurance company’s doctors that will determine how permanently disabled you are. The award you are given at the end is determined by the percentage disabled you have become as a result of the injury and, for some injuries, your wages. The percentage of disability corresponds to a dollar amount as set forth by the State of New Jersey. The amount of attorneys’ fees will be determined, but will not exceed 20% of the recovery. This amount is determined solely through the discretion of the Court. The Court will also determine how much of the attorneys’ fees will be deducted from your permanency award. The award is paid directly to your attorney by the employer’s insurance company. If there is no permanency award, you will not receive a bill for legal services rendered.
Common Workers’ Compensation Questions and Answers
Q: “I am a part-time employee. Am I entitled to workers’ compensation benefits if I am injured on the job?”
A: Yes, a part-time employee is entitled to the same benefits a full-time employee would receive.
Q: “If I am taken out of work by my treating doctor, will I receive my entire salary in temporary benefits?”
A: No. Pursuant to New Jersey’s Workers’ Compensation statute, an injured employee will receive 70% of their salary up to $969 per week if the injury occurred in 2021.
Q: “Does filing a claim for workers’ compensation benefits mean I am suing my employer?”
A: No. In fact, the reason the workers’ compensation court system was developed was to prevent employees from suing their employers and instead allow them to receive statutory benefits including medical, temporary and permanency benefits.
Q: “Do I have the right to a jury trial?”
A: No. In the New Jersey workers’ compensation system, the judge acts predominantly as a mediator between the parties and makes independent rulings in the form of orders.
Q: “I was injured several years ago but continued to treat with doctors as directed by workers’ compensation until recently. Can I retain an attorney to file a claim on my behalf?”
A: Yes. The statute of limitations is two years from the date of last compensation, which can mean the date of the last temporary benefits check or the date of last medical benefits provided by the insurance company. If the claim is denied and treatment is unauthorized, the statute of limitations is two years from the date of loss.
Q: “Is my spouse entitled to benefits through workers’ compensation for loss of consortium?”
A: No. While some cases through Superior Court allow for spouses to have a claim for loss of consortium, New Jersey does not allow for this in workers’ compensation.
Q: “Do I get to choose the doctors that treat my injury?”
A: No. In the New Jersey workers’ compensation system, the employer or insurance carrier chooses the doctors to treat your injury. There is very little that can be done to change doctors who are authorized to treat you for your injury. Changes in authorized treating doctors can only be done in exceptional circumstances.
Contact Our New Jersey Workers’ Compensation Lawyers
If you’ve been injured on the job, you can depend on our knowledgeable and experienced NJ workers’ compensation lawyers to fight for your recovery. Contact Laddey Clark & Ryan, LLP today to schedule your free initial consultation with our seasoned legal team.
