Workers in Jersey City, NJ have a right to a safe workplace. When an employee is injured or becomes ill while performing his or her job, he or she is entitled to certain benefits regardless of fault. The employer’s workers’ compensation insurance provides medical care and financial assistance to the employee during the recovery process.
New Jersey workers’ compensation insurance pays for medical treatment for work-related injuries and reimburses a portion of lost wages due to missed work. Workers’ compensation covers both temporary and long-term disabilities. When you are injured on the job or become ill due to workplace conditions in Jersey City, you should not have to fight with an insurance company for workers’ compensation benefits. But some employers and their insurance administrators try to deny valid workers’ compensation claims.
The Jersey City workers’ compensation lawyers of Davis, Saperstein & Salomon, P.C. have had the privilege of helping many injured workers. Our Jersey City personal injury lawyers are dedicated to fighting for you to get the benefits you need to recover and return to work.
Our experienced personal injury law firm has served injured workers across New Jersey for more than 30 years.
What Should I Do If I Am Injured at Work in Jersey City, NJ?
If you’re injured in a workplace accident, be sure to take the following steps to protect your health and your Jersey City worker’s compensation benefits claim:
- Report Your Injury to Your Employer: If you are able, notify your job supervisor or company personnel office of your work injury as soon as possible. Follow company protocol about making a report of your injury and requesting medical treatment if needed. Injured workers often assume that their employer was aware of the accident, so they must, therefore, know of the resulting injuries. In the confusing aftermath of an accident, things can easily get lost in the shuffle. Don’t assume that your employer is aware of what happened to you. Contact your supervisor immediately to ensure they document the accident on their end.
- Get Medical Treatment: If you experience a workplace injury, request the medical attention that you need. Under New Jersey workers’ compensation law, the employer or insurance administrator has the right to select the doctor that treats your work-related injuries. Even if your injuries seem minor at first – or if you do not remember exactly what happened – it is a good idea to get a medical opinion. Some symptoms may not appear right away. If you do not remember what happened, you may have suffered a head injury that could result in serious and even fatal complications. Follow all of your doctor’s orders, including those regarding follow-up treatment.
- Check on the Status of Your Claim: Once your accident is reported, your company should notify their insurance carrier of the accident so that a First Report of Injury can be filed with the State of New Jersey. It must be filed within 21 days after you provide notice of your injury. Check back with your employer after a week to make sure they have filed your claim. The insurance company will evaluate the Jersey City workers’ compensation claim and determine whether it qualifies for benefits.
- Get Workers’ Compensation Benefits: If accepted, you will start receiving benefits for your claim. If you do not begin receiving benefits, you should contact a knowledgeable Jersey City workers’ compensation lawyer right away.
- Take Action as Needed: If your claim is denied, you should get the help of an experienced Jersey City workers’ compensation attorney, who can help you appeal a denied claim and request a hearing if needed. In disputes between an injured worker and an employer or insurance provider over eligibility for benefits, our attorney can help the injured employee file a Claim Petition or an application for an informal hearing. At Davis, Saperstein & Salomon, we have a record of successfully handling workers’ compensation appeals and helping injured workers. Our determined Jersey City workers’ compensation attorneys will continue to offer the same committed advocacy throughout the appeals process.
What Kind of Workers’ Compensation Benefits are Provided in Jersey City, NJ?
When you are injured on the job or contract an occupational disease, you may be eligible to make use of workers’ compensation benefits if you are a full-time or part-time employee. Workers’ compensation is a type of insurance that most employers in New Jersey must provide so that their employees have coverage if a job-related injury or illness causes them to need medical treatment and miss work.
In Jersey City, you may be eligible for the following workers’ compensation benefits:
- Medical Benefits: The medical benefits are designed to treat workplace injuries and illnesses. These benefits apply to all levels of medical treatment – from emergency treatment to rehabilitation. It is important to note that your employer may require that you receive treatment from a doctor or medical group of their choosing. If you prefer to visit a particular doctor, be sure that you receive pre-approval, which will ensure that your medical expenses will be covered.
- Temporary Disability: These benefits are designed to cover up to 70% of your gross weekly wages when you have to take time off due to an on-the-job injury or work-related illness. Temporary wage replacement benefits will be available until you are released to return to work. However, temporary benefits may not exceed 400 weeks.
- Permanent Disability: These benefits cover injured or ill workers who are unable to work at full capacity because of the injury or illness. Permanent disabilities are separated into two categories:
- Permanent Partial Disability: These benefits will cover workers who suffer a permanent disability that prevents them from working at full capacity but may be able to return to work in a different role or position. These benefits cannot exceed 600 weeks.
- Permanent Total Disability: If your injuries or job-related illness prevents you from returning to work at any capacity, permanent disability benefits offer coverage. These benefits can be available for 450 weeks or the lifetime of the injured worker.
- Death Benefits: Family members who suffer a loss of their loved one due to a workplace injury or illness may be eligible to receive benefits that can cover funeral expenses, medical bills, and payments to the worker’s dependents. Payments to dependents and spouses may last up to 450 weeks, with some exceptions when dependents turn 18. Dependents enrolled as full-time students may be eligible to receive benefits until age 23.
A Jersey City workers’ compensation lawyer can guide you through all the benefits that may be available to you in your specific situation. At Davis, Saperstein & Salomon, we believe that you are entitled to receive each and every work injury benefit available to you by law, and we are here to help.
Should I File a Jersey City Workers’ Compensation Claim or a Lawsuit?
In Jersey City, there are two options for workers who are injured at the workplace or fall ill due to conditions at work.
If you have been hurt in any way on the job, you may be eligible to:
- File a Workers’ Compensation Claim: A workers’ compensation claim essentially uses insurance provided by your employer to pay for your medical expenses and lost wages. It does not matter who was at fault for the injury or illness— if the injury or illness happened in the course of your employment.
- File a Third-Party Liability Claim: In some cases, your injury may have been the fault of another contractor working on the same job site. If a third-party who is not your employer or an employee of your company was responsible for your injuries, you may have a right to pursue a lawsuit against them for your injuries.
At Davis, Saperstein & Salomon, we offer representation for injured employees in Jersey City who have workers’ compensation claims or third-party liability claims. Our Jersey City workers’ comp lawyers have extensive experience in workplace injury law, and we are dedicated to helping our clients get the full benefits they deserve so that they have the support they need during the recovery process.
Common Injuries Seen in Jersey City Workers’ Compensation Claims
- Back, neck and spine injuries – Damage to the spinal cord can cause paralysis, so this type of injury is extremely serious. Any type of blow or pressure to the spine should be considered potentially dangerous. You should seek medical care immediately.
- Brain injuries/head trauma – Brain trauma often results from a head injury, but within the first few moments following an accident you may not realize that a brain injury has occurred, especially because the injured person often loses consciousness. Traumatic brain injury can result in temporary medical conditions and long-term medical impairment, including the loss of basic abilities necessary to resume your daily life.
- Burn injuries – Whether you work in construction or in a restaurant, burn injury risks are all around the hard workers of Jersey City.
- Knee injury – Repetitive movements and stress often cause knee injuries. Some knee injuries can result in permanent disability or chronic pain requiring surgery or therapy.
How Can the Jersey City Workers’ Compensation Lawyers at Davis, Saperstein & Salomon, P.C. Help Me?
Being injured at work can be painful and stressful. Many workers in these situations have a hard time getting the benefits they need. It can be overwhelming trying to fight for the help you deserve as the medical bills pile up. You need a strong Jersey City workers’ compensation attorney to offer trusted legal guidance and determined advocacy.
If you need assistance filing your workers’ compensation claim or if your claim was wrongly denied by your employer’s insurance provider, you need the help of professionals who know the appeals process. Call Davis, Saperstein & Salomon today for a free consultation at (800) LAW-2000, or contact us online, and we can get your claim on track for the compensation you deserve.