Work With an Experienced Labor Attorney in NJ
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’s important that you contact an experienced New Jersey labor law lawyer as soon as possible after your accident in order to preserve your right to compensation. Call Parker Waichman LLP today at 1-800-YOUR-LAWYER (1-800-968-7529) to get a free case evaluation from a skilled labor lawyer in NJ.
New Jersey Workplace Accidents and Injuries
In 2015, the U.S. Bureau of Labor Statistics reported that nearly 5,000 fatal workplace injuries occurred nationwide, and thousands of other workers sustained non-fatal injuries on the job. In New Jersey alone, 97 fatal workplace injuries happened in 2015; transportation accidents and incidents caused the most deaths, followed by workplace slips, trips, and falls.
Common types of workplace accidents that cause most work-related injury claims include:
- Falls From Elevated Heights: These accidents happen when a worker is performing their duties on a roof, ladder or scaffold.
- Overexertion: These injuries can 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.
- 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.
- 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 business purposes, they can get into serious motor vehicle accidents.
- Workplace Violence or Assault: Attacks caused by coworkers can lead to serious injuries.
If you are involved in a workplace accident or are injured on the job, it’s imperative that you speak with a labor attorney in NJ as soon as possible to protect your legal rights.
Construction Accidents: 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 among the leading causes of workplace injuries and deaths every year.
Construction injuries may 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
How much time do you have to file a labor law claim in New Jersey after an accident?
Video: New Jersey Labor Law Lawyers
The statute of limitations in New Jersey for personal injury claims is two years from the date of the accident. There are some exceptions to this deadline depending upon the type of injury and the nature of the accident.
For example, there may be cases where a worker was not aware that the injury was sustained at the job site until later such as a chemical exposure.
Generally speaking in New Jersey the time to bring a cause of action or to file a complaint for injuries whether it be at a work site or anywhere, even a work related vehicle accident is generally going to be two years.
What would compensation be for a workplace injury in New Jersey?
Compensation for a workplace injury in New Jersey is going to be very similar to the compensation for any kind of accident. New Jersey unfortunately does not have labor laws that protect workers at construction sites like New York state does. They don’t have the benefit of New York state labor law 200, New York state labor law 202, New York state labor law 240 or New York state labor law 241.
New Jersey doesn’t have the benefit of anything even close to that soin New Jersey you have workers compensation which is going to protect the employer. You need to be very creative in New Jersey and examine the facts closely and the lawyer needs to speak to every witness, examine the site, and do an in depth consult with the client.
In New Jersey you’re going to be able to sue anyone other than your employer who’s responsible for the accident and is responsible for your injuries.
Can you sue your employer for negligence in New Jersey?
In New Jersey your employer is protected by the workers compensation laws. Now there are some exceptions. Workers compensation laws will not protect the employer for an intentional act for example if your employer hit you in the legs with a pipe that’s not going to be protected by workers comp that’s an intentional act.
New Jersey workers compensation law will be a bar against lawsuits against your employer however you’re still allowed to sue anybody else other than your employer who is responsible for causing an accident that resulted in your injuries.
Common Workplace Accident Injuries in New Jersey
At Parker Waichman, our New Jersey labor and employment attorneys 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 require 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 to the neck and back can be very painful and often require surgery. They can also result in temporary or permanent paralysis. These injuries may 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 and usually do not show up on X-rays, they can be extremely painful. Soft-tissue injuries can include tearing or stretching of ligaments, tendons or muscles.
- Crushed or Amputated Limbs: Some workers operate power tools or heavy machinery, and 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 severed, the injury can be disfiguring, painful, and often 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 include carpal tunnel syndrome, tendonitis, trigger finger, and 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.
- 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 expenses, and you may be unable to work, leaving you short on income. To protect your legal right to full and just compensation, call Parker Waichman today to learn what we can do for you.
Compensation for 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 workers’ 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 these losses.
- 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 from workers’ compensation.
As long as you are injured on the job, workers’ compensation benefits will typically cover your damages. However, you will have to file a workers’ compensation claim in order to obtain the benefits you are entitled to. If your employer does not have workers’ compensation insurance, New Jersey’s Uninsured Employers Fund should be able to provide compensation for medical expenses and temporary disability benefits.
Can You Sue Your Employer for Your Injury?
Under New Jersey law, you usually cannot sue your employer for negligence. However, if your employer knowingly or intentionally harms you, they can be subject to a personal injury lawsuit. If your employer did not have workers’ compensation insurance at the time of your work injury, you may also have the option to file a lawsuit against your employer in civil court for damages. Speaking with the best labor attorney in NJ can help you to understand the options that are available to you.
If a third party’s negligent actions caused your injuries, you may also be entitled to file a lawsuit against them for damages.
Some examples of third parties that might cause you injury include:
- Contractors or subcontractors
- Maintenance companies
Liability in a Workplace Accident Case
When you file a workers’ 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 by failing to demonstrate a reasonable amount of care, and that their breach has caused the work-related accident that resulted in your injuries. An experienced labor law lawyer in NJ should be able to help you put together the strongest possible case for compensation.
Common Workers’ Compensation Issues in New Jersey
At Parker Waichman, some of the more common workers’ compensation issues that we help workers to deal with include claim denials and discontinuation of benefits.
Initial claim denials may be 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 benefits may happen 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
- The treatment was unrelated to the workplace injury
- The insurance company failed to calculate your average weekly wages correctly
- The employer decides to terminate you or otherwise retaliate as a result of your workers’ compensation claim
No matter what type of workers’ compensation or labor law issue you are dealing with, an experienced New Jersey labor law lawyer can help. Call us today at 1-800-YOUR-LAWYER (1-800-968-7529) or fill out our contact form and find out what we can do for you.
Frequently Asked Questions Regarding Workplace Accidents and Injuries in New Jersey
What Should I Do if I Am Injured in a Workplace Accident in New Jersey?
If you’ve been injured on the job, it’s 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 in order to preserve your right to file a workers’ compensation claim.
What Exactly Is Workers’ Compensation?
Workers’ compensation is a type of insurance that covers accidental injuries and illnesses 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.
How Do I Know Whether I Am Entitled to Workers’ Compensation Benefits?
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’s important to note that even if you meet both of these conditions, 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. Speaking with a labor law attorney in NJ is one of the best ways to determine whether or not you’re entitled to workers’ compensation benefits.
Is There a Time Limit or Deadline for Filing a Workers’ Compensation Claim?
In New Jersey, there is a two-year statute of limitations that applies to both workers’ compensation cases and personal injury cases. What this means is that you must to file your claim or lawsuit within two years of the date of your injury or workplace accident.
Who Decides Whether I Am Entitled to Workers’ Compensation Benefits?
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.
If I Qualify for Workers’ Compensation Benefits, How Long Will I Have to Wait Before I Receive Them?
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.
How Much Will I Be Entitled to if I Am Eligible for Temporary Disability Benefits?
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 70% 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 are able to return to work or have reached maximum medical improvement, your temporary disability benefits will be terminated.
What Is Maximum Medical Improvement?
Maximum medical improvement, or MMI, means that your medical condition has stabilized or you have reached a state where your condition cannot be improved any further despite medical treatment or rehabilitation.
If I Have Been Injured at Work, Can I Also Sue My Employer?
Employers in New Jersey are typically immune to 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 pursue a personal injury lawsuit if your 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 injury was the result of toxic substance exposure or if the injury was caused by your employer’s knowing and intentional actions.
What if My Employer Decides to Fire Me if I Report My Workplace Injury?
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’ve been threatened, harassed, terminated or otherwise retaliated against, consult an experienced New Jersey labor law lawyer right away.
Do I Need to Hire a Lawyer for My Workplace Accident Case?
If you have questions about your workers’ compensation claim, it’s always a good idea to consult 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 right to compensation. And 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 the best labor attorney in NJ to maximize your chances of getting the compensation your case deserves.
How Much Do I Have to Pay a Lawyer to Take My Work Injury Case?
The personal injury lawyers at Parker Waichman take cases on a contingency-fee basis, so you’ll pay nothing to hire us. Our clients are not responsible for any out-of-pocket costs: Your lawyer only gets paid from a portion of your recovery if they help you obtain benefits, settle your case or win at trial. If you lose or do not receive any benefits, you will not pay anything.
Parker Waichman LLP?
The New Jersey labor and employment attorneys at Parker Waichman have decades of experience handling workplace injury and other labor law cases, and we have helped many injury victims and their families get the compensation they need. We’ve earned a reputation for success due to our ability to achieve impressive results for our clients, to the tune of more than $2 billion in jury awards and settlements and still counting. When you choose Parker Waichman to take on your workplace injury or labor law case, you can rest assured that the labor attorney in NJ that you work with will make every effort to help you recover damages to the fullest extent possible.
At Parker Waichman LLP, we have also received a number of accolades, including a listing in Best Lawyers, a near-perfect AVVO rating of 9.8 out of 10, and the highest peer-review rating, “AV Preeminent,” from Martindale-Hubbell. These honors are evidence of the fact that we are well-respected by other lawyers and judges. When you work with Parker Waichman, you can expect top-notch legal advocacy: We will work diligently to attain the best possible results in your case.
Discuss Your Case With One of Our New Jersey Labor Law Lawyers Today
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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