How to Ensure You Receive FULL Compensation for Your Labor Law Lawsuit
If you’ve been injured in a workplace accident in New Jersey, in most cases, the state’s workers’ compensation insurance system will cover your medical costs and some other expenses including temporary or permanent disability. However, there may be other instances where you need to file a lawsuit to cover your damages. Because workplace injury cases can be complicated, it is important that you contact an experienced New Jersey Labor Law Lawyer as soon as possible after your accident in order to preserve your rights to compensation.
Call Parker Waichman LLP today at 1-800-YOURLAWYER (1-800-968-7529) to discuss your case.
NEW JERSEY WORKPLACE ACCIDENTS AND INJURIES
In 2015, the U.S. Bureau of Labor Statistics reported that nearly five thousand fatal workplace injuries occurred nationwide and there is no doubt that thousands of other workers sustained non-fatal injuries on the job. In New Jersey alone, ninety-seven fatal workplace injuries happened in 2015, where transportation accidents and incidents caused the most deaths, followed by workplace slips, trips, and falls.
However, there are other common workplace accidents that cause most work-related injury claims, including:
- Falls from elevated heights. These accidents happen when a worker is performing their duties on a roof, ladder, or scaffold.
- Overexertion. These injuries include excessive pushing, lifting, holding, pulling, throwing, and carrying.
- Being struck by an object. Sometimes objects are dropped by another person or fall from shelves.
- Being crushed between objects. This type of accident can happen when heavy machinery backs into someone pinning them between the wall and the machine.
- Being struck by an object. Sometimes objects fly through the air and hit workers with force.
- Getting caught in something. In factories where heavy machinery and equipment is used, fingers, shoes, clothing, and hair can get caught in the equipment.
- Repetitive-motion injuries. These injuries are typically the result of repeated strain or stress on the body.
- Walking into injuries. If a worker runs into a stable object such as a door, wall, window, table, cabinet or chair, injuries can result.
- Bodily reaction injuries. These injuries are usually caused by reaching, bending, sitting, standing, climbing, and tripping or slipping without actually falling
- Vehicle accidents. When employees drive for businesses purposes, they can get into serious motor vehicle accidents.
- Workplace violence or assault. Attacks that are caused by co-workers can lead to serious injuries.
Construction Accidents Are the Leading Cause of Workplace Injuries and Deaths
Work-related accidents can happen in any workplace, but the construction industry is typically considered to be the most inherently dangerous. This is not surprising given that workers are oftentimes required to perform their duties at elevated heights, to use power tools, and to operate heavy machinery. Construction accidents are usually the leading cause of workplace injuries and deaths every year.
The many types of construction injuries occur as a result of:
- Exposure to hazardous materials
- Slippery surfaces
- Injuries from falling objects and debris
- Falls from high elevations such as those from ladders, roofs, or scaffolding
- Faulty equipment
- Electrical injuries
- Accidents involving heavy machinery such as bulldozers, cranes, and forklifts
Common Workplace Accident Injuries in New Jersey
At Parker Waichman LLP, our lawyers have represented workers who have sustained a variety of injuries due to workplace accidents and incidents, including:
Bone Injuries. Bone injuries can include broken bones or dislocated bones and joints. These types of injuries can be debilitating and painful, may require a long time to heal, and might even necessitate surgery.
Head Injuries. Head injuries can cause permanent brain damage that may affect your ability to move, think, or function. Common types of head injuries include facial lacerations, facial and skull fractures, traumatic brain injuries, and concussions.
Neck and Back Injuries. Injuries that the neck and back sustain can be very painful and oftentimes require surgery. They can also result in temporary or permanent paralysis. Some neck and back injuries include whiplash, spinal cord injuries, herniated discs, and broken vertebrae.
Soft Tissue Injuries. Soft tissue injuries can be tricky as they are not always immediately apparent after an accident. While these types of injuries might not be visible on the outside and usually do not show up on x-rays, they can be extremely painful. Soft tissue injuries can involve tearing or stretching of ligaments, tendons, or muscles.
Crushed or Amputated Limbs. Some workers operate power tools or heavy machinery sometimes the use of these tools or machinery can result in serious damage to or the loss of hands, fingers, arms, legs, feet, or toes. When a portion of your body is crushed, or you lose it, the injury can be disfiguring, painful, and oftentimes traumatic.
Repetitive Stress Injuries. Sometimes repetitive movements can result in damage or injury to the tendons, muscles, nerves, and other tissues. Some common types of repetitive stress injuries can include carpal tunnel syndrome, tendonitis, trigger finger, or bursitis.
Burns. Many workers are burned on the job as a result of an explosion, fire, or chemical spill. Burns can be extremely painful and disfiguring.
Other Workplace Injuries. Some other workplace injuries can include bruises, cuts, and lacerations which can either be minor or life-threatening depending on the circumstances.
Death. In some instances, a workplace accident results in the death of a worker. When an accident is fatal, the victim’s family can usually file a wrongful death claim to obtain compensation on their loved one’s behalf.
If you’ve suffered injuries in a workplace accident in New Jersey, you should seriously consider contacting one of our skilled and dedicated New Jersey Labor Law Lawyers today. Depending on your accident and the extent of your injuries, you may be facing ongoing medical treatment, and you may be out of work due to your inability to perform your duties. To protect your legal rights to full and just compensation, it is important that you call Parker Waichman LLP today to learn what we can do for you.
Compensation in a Workplace Accident in New Jersey
If you sustain a work-related personal injury or illness in New Jersey, you will likely be entitled to receive worker’s compensation benefits. Workers’ compensation will typically cover work-related illnesses, physical injuries, and sometimes stress-related or psychological injuries. The benefits usually include:
- Medical expenses. If you’ve incurred medical expenses as a result of your treatment, workers’ compensation can help pay for these.
- Temporary disability benefits. If you are unable to perform your usual functions or duties at work and you lose wages as a result, you can obtain temporary disability benefits that help make up for those lost wages.
- Permanent disability benefits. If you cannot recover completely from your work-related injury or illness, you might be entitled to permanent disability benefits which include payments for lost wages.
- Death benefits. If you sustain fatal injuries while on the job, your family may be able to receive death benefits under workers’ compensation.
As long as you are injured on the job, workers’ compensation benefits will typically cover your damages, meaning that you will not be able to file a civil lawsuit against your employer due to negligence. However, you will have to file a workers’ compensation claim in order to obtain the benefits you are entitled to.
Can You Sue Your Employer for Your Injury?
It is important to note that there are exceptions to the workers’ compensation exclusive remedy provision or the provision that prevents you from suing your employer. If your employer knowingly or intentionally harms you, they can be subject to a personal injury lawsuit.
New Jersey’s Uninsured Employer’s Fund
If your employer did not have workers’ compensation insurance at the time of your work injury, then you may have the option to file a lawsuit against your employer in civil court for damages.
However, New Jersey does have an Uninsured Employer’s Fund which provides medical expenses and temporary disability benefits to workers who sustain injuries while working for uninsured employers.
Third Party Lawsuits
Finally, if a third party’s negligent actions cause your injuries, you may also be entitled to file a lawsuit for damages.
Some examples of third parties who might cause you injury include:
- Contractors or Subcontractors
- Maintenance Companies
Liability in a Workplace Accident Case
When you file a worker’s compensation claim, you typically do not have to prove fault. As long as you were injured on the job, you usually are entitled to receive these benefits.
However, if you are suing a third party who caused your injuries and other damages, you will have to prove that they acted negligently. In order to establish negligence, you must show that the individual owed you a duty of care, that they have breached this duty of care by failing to demonstrate a reasonable amount of care, and that their breach has caused the work related accident which resulted in your injuries.
Common Workers’ Compensation Issues in New Jersey
At Parker Waichman LLP, some of the more common workers’ compensation issues that we deal with include:
Initial claim denials based on a variety of reasons, including:
- Notifying an employer about your injury in an untimely manner;
- Failing to seek medical treatment right away;
- A determination that the injury did not occur at work;
- A determination that the injury occurred outside the scope of employment;
- A determination that the injury is not covered under workers’ compensation because it is exempt.
An insurance company’s decision to deny or discontinue medical benefits either because:
- The duration or type of treatment was not authorized;
- The treatment was not provided by an authorized doctor;
- The treatment was unreasonable or unnecessary;
- The treatment lasted unnecessarily long; or
- The treatment was unrelated to the workplace injury.
- An insurance company’s failure to calculate your average weekly wages correctly;
- An insurance company’s denial of temporary or permanent disability benefits;
- An employer’s decision to terminate you or otherwise retaliate as a result of your workers’ compensation claim;
- Low settlement offers from the insurance company.
No matter the workers’ compensation or other labor law issue you are dealing with, be sure to contact an experienced New Jersey Labor Law Lawyer as soon as possible. Call us today at 1-800-YOURLAWYER (1-800-968-7529) or fill out our contact form online and find out what we can do for you.
Frequently Asked Questions Regarding Workplace Accidents and injuries in New Jersey
Q: What should I do if I am injured in a workplace accident in New Jersey?
A: If you’ve been injured on the job, it is imperative that you seek medical treatment right away, but you should also report the accident to your employer as soon after the accident as possible so that you can preserve your right to file a workers’ compensation claim.
Q: What exactly is worker’s compensation?
A: Workers’ compensation is a type of insurance that covers accidental injuries and illnesses that occur in the workplace. In New Jersey, all employers who are not covered by Federal programs are required to have workers’ compensation coverage or self-insurance that is approved by the state.
Q: How do I know whether I am entitled to workers’ compensation benefits?
A: Determining whether you qualify for workers’ compensation benefits can be a straightforward or complicated process. However, you usually have to be considered an “employee” and your injury must have happened during the course of your employment. It is important to note that even if you meet both of these factors, you still might not be entitled to benefits. For instance, if you were drunk at work when you were injured, you likely would not be covered by workers’ compensation.
Q: Is there a time limit or deadline for filing a workers’ compensation claim?
A: Most states have deadlines for filing workers’ compensation claims, and other types of cases, including personal injury lawsuits. These deadlines are also known as statues of limitations. In New Jersey, there is a two year statute of limitations that applies to both workers’ compensation cases and to personal injury cases. What this means is that you must to file your claim or lawsuit within two years from the date of your personal injury or workplace accident.
Q: Who decides whether I am entitled to workers’ compensation benefits?
A: Typically, your employer’s workers’ compensation insurance carrier will investigate whether you have a claim and will decide whether you are or are not eligible to receive benefits.
Q: If I qualify for workers’ compensation benefits, how long will I have to wait before I receive them?
A: Typically, if you’ve sustained a workplace injury, your medical treatment benefits are available right away. However, you usually have to wait about two weeks after you qualify before you can receive temporary disability payments to recover lost wages.
Q: How much will I be entitled to if I am eligible for temporary disability benefits?
A: If you have been injured and you cannot work for more than seven days, you will become eligible for temporary disability benefits. The amount you are entitled to is usually seventy percent of your average weekly wage. You can continue to receive these benefits during the time when you are unable to work and are receiving medical treatment. Once you have the ability to return to work, or if you’ve reached maximum medical improvement, your temporary disability benefits will be terminated.
Q: What is maximum medical improvement?
A: Maximum medical improvement or MMI means that your medical condition has stabilized or you have reached a state where your medical condition cannot be further improved any further despite medical treatment or rehabilitation.
Q: If I have been injured at work, can I also sue my employer?
A: Because of workers’ compensation, employers are typically immune from lawsuits by employees who have sustained workplace injuries. However, there are some instances where an injury claim can be filed outside of workers’ compensation. Depending on the unique facts and circumstances of your case, you might be able to process with a personal injury lawsuit if your personal injury was caused by a third party, if your employer does not carry workers’ compensation insurance, if your injury was caused by a defective product, if your personal injury was the result of toxic substance exposure, or if the injury was caused by your employer’s knowing and intentional actions.
Q: What if my employer decides to fire me if I report my workplace injury?
A: If your employer fires you, tries to dissuade you from reporting your injury, or tries to retaliate in any other way, you should know that these actions are illegal. If you think you’ve been threatened, harassed, terminated, or otherwise retaliated against, be sure to consult with an experienced New Jersey Labor Law Lawyer right away.
Q: Do I need to hire a lawyer to take on my workplace accident case?
A: If you ever have questions about your workers’ compensation claim, it is always a good idea to consult with an experienced New Jersey Labor Law Lawyer. Even if your injuries are relatively minor, it can be a good idea to hire a lawyer to help you with your case. Filing workers’ compensation claims can require a significant amount of paperwork and the collection of evidence, and if your claim is denied, you may have to file an appeal which can require additional paperwork and hearings. An experienced lawyer will ensure that you have all of the appropriate paperwork and that you meet all necessary deadlines. In addition, if your employer or the insurance company disputes your claim, a knowledgeable and skilled lawyer can defend your rights to compensation. Finally, an experienced lawyer is usually essential in claims that involve serious and permanent injuries and illnesses. These types of labor law cases can be particularly complicated, and you’ll want to work with a lawyer who can assist you in obtaining the compensation your case deserves.
Q: How much do I have to pay a lawyer to take on my work injury case?
A: In most instances, personal injury lawyers will take cases on a contingency fee basis. What this means is that you do not owe your lawyer any money up front. Your lawyer only gets paid if they help you obtain benefits, settle your case, or win at trial. If you lose or do not receive any benefits, then you will not pay anything.
Why Choose Parker Waichman LLP?
Our lawyers at Parker Waichman LLP have decades of experience handling workplace injury and other labor law cases, and we have helped many victims and their families obtain the compensation they need.
More Than $2 Billion in Recoveries for Our Inured Clients
We have earned a reputation for success due to our ability to achieve significant results for our clients, and we have notably recovered a total of more than one billion dollars for our personal injury and wrongful death clients over the years.
Our Promise to You
When you choose Parker Waichman LLP to take on your workplace injury or labor law case, you can be assured that our attorneys will make every effort to help you recover damages to the fullest extent possible.
Awards and Accolades
At Parker Waichman LLP, we have also received a number of recognitions including:
- Recognition as “Preeminent Lawyers” by the AV Peer Review Rating
- A listing in Extensive Peer Review’s Best Lawyers Publication
- Lawdragon’s highest ranking of “5 Dragons” based on peer review
- An AVVO rating of 9.8 out of a perfect 10
These accolades and honors are important to us, and they are evidence of the fact that we are well respected by other lawyers, peers, and judges, but they also mean that we are valued by our clients.
At Parker Waichman LLP, you can expect quality service and effective legal advocacy, and we will work vigorously to attain the best possible results in your case.
Discuss Your Case With One of Our New Jersey Labor Law Lawyers Today
At Parker Waichman LLP, our lawyers have many years of experience handling workers’ compensation claims and other personal injury cases. When you decide that Parker Waichman LLP is the right firm for your labor law case, you can be confident that our law office will make every effort to help you recover damages to the fullest extent possible. Regardless of whether your case involves minor or debilitating injuries or even the death of a loved one, we can help you obtain the compensation you deserve.
Call 1-800-YOURLAWYER (1-800-968-7529) Free, No-obligation Consultation
If you have been injured in a workplace accident, be sure to contact us today by calling 1-800-YOURLAWYER (1-800-968-7529) or fill out our contact form online to schedule your free, no-obligation consultation.
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