Law Offices of Michael S. Williams – Proudly Serving New Jersey Residents for nearly 20 Years
East Brunswick is a Middlesex County township located inland south of the Raritan River, it runs parallel to the South River on its easterly and southern side and is bordered by the Farrington Lake on its westerly side. The area was settled in the 17th century by people of Scotch, English, Dutch and German origin.
A leading cause of injuries are workplace accidents. Injuries sustained in workplace accidents often result in long recovery periods, ongoing medical or rehabilitative treatment, and lost wages. Workers’ compensation insurance protects workers when accidents and injuries occur.
Most New Jersey employers are required to carry workers’ compensation insurance that provides benefits to employees suffering work-related injuries or illnesses, including medical care, partial wages, and other benefits. Workers’ compensation also generally protects employers from employee lawsuits and liability. Employers can face serious penalties if they fail to carry workers’ compensation insurance.
What Are Workers’ Compensation Benefits?
Workers’ compensation benefits provide medical treatment, rehabilitation expenses, temporary disability benefits which is partial lost wages resulting from work-related injuries and illnesses, permanent partial disability benefits which is compensation for the degree of injury or permanent disability benefits which is compensation not a worker who can no longer perform any job duties due to the work injury. Families of employees killed in work-related accidents are eligible for dependency benefits as well as funeral and burial expenses.
The Occupational Safety and Health Administration (OSHA) identifies professions with the highest fatality rates as:
- Agricultural farm workers
- Aircraft pilots and flight engineers
- Construction and roofing
- Delivery and truck drivers
- Logging
- Manufacturing
- Refuse, waste and recycling
- Iron and steel construction
- Underground mining
- Warehousing and stockyards
Depending on the circumstances, workers may be eligible to seek compensation from a third party who may be responsible for the accident, such as a subcontractor or equipment manufacturer. Third party compensation is often seen when an employee is involved in a car accident while driving for work.
What Does Workers’ Compensation Cover?
The Workers’ Compensation Act provides the following benefits to employees who suffer job-related injuries or illnesses.
- Medical Benefits – You will not be responsible for any medical bills for authorized treatment. There are no co-pays, deductibles, and no balance billing.
- Temporary Total Benefits – You are entitled to 70% of your gross weekly wages if your time out of work extends beyond 7 days. These payments are provided while you are unable to work and receiving medical treatment due to your work injuries.
- Permanent Partial Benefits – You are entitled to disability compensation if your workplace injury or occupational disease results in permanent partial disability. This means that you are not totally unable to work, but now suffer from some partial disability due to a workplace accident.
- Permanent Total Benefits – Permanent total disability is defined under the New Jersey Workers’ Compensation system as a “physical or mental neuropsychiatric total permanent impairment caused by a compensable accident or compensable occupation disease, where no fundamental or marked improvement in such condition can be reasonably expected” In other words, if you are totally disabled due to a work-related accident you may qualify for benefits for the rest of your life.
- Death Benefits – Are provided to dependents of workers who have passed away in a work related accident or due to a work-related injury.
A complete list of benefits provided to New Jersey sick and/or injured workers can be found at New Jersey’s Department of Labor and Workforce Development website.
How Long do I Have to File a Workers’ Compensation Claim?
The deadline, which is called the statute of limitations, to file a workers’ compensation claim petition is within two years of the injury or the last payment of compensation, whichever comes last. In situations in which the injuries take longer to development such as an occupational exposure which includes not only illnesses but also injuries due to repetitive motions, you have two years from the date that you first became aware that your condition was related to your job.
What Should I Do if I am Injured at Work?
Workers’ compensation claims are complex and require documentation detailing the accident and injuries, so the more evidence you can gather at the time of the accident, the more beneficial it is to your claim.
After a workplace accident, you should do the following:
- If an emergency seek immediate medical attention: If your injuries require urgent care, do not delay seeking medical help. Prioritize your health and ensure that a medical professional assesses all injuries, even seemingly minor ones. Some injuries may have delayed symptoms that could pose serious risks if left untreated. Under New Jersey law, employers or insurers may designate the physician(s) to treat the injury. Inform the doctor that your injuries are work-related to facilitate the completion of necessary forms and avoid claim denial.
- Report the accident: Inform your supervisor or employer immediately after the accident or as soon as possible. If your injuries do not require immediate medical attention, report the incident to your employer first. Provide details about the accident’s circumstances and how you sustained your injuries. Employers typically must submit an accident report to their workers’ compensation insurance provider within a specified timeframe, and many have policies mandating prompt employee reporting of accidents and injuries. Request a copy of the accident report for your records.
- Document the scene: If possible, photograph the accident scene. Capture evidence of what caused the accident, such as defective equipment, slippery floors, or damaged railings, and images of your injuries. There could be a potential personal injury case besides workers’ compensation.
- Retain legal representation: Workers’ compensation law is complex, and insurance companies demand specific information and documentation for claim acceptance. Incomplete or erroneous information often leads to claim denials. It is advisable to seek assistance from an experienced East Brunswick workers’ compensation lawyer who can guide you through the process and protect your rights.
Can Workers’ Compensation Claims Be Denied?
Claims are typically denied for incomplete or inaccurate information or other specific circumstances of the accident or injuries, including:
- Unrelated accident: Your claim will be denied if the accident and injuries are not work-related.
- Intentional: Injuries that are self-inflicted or were caused by intentional behavior are not covered.
- Intoxication: Claims filed for injuries caused by drug or alcohol intoxication are not covered.
- Improper reporting: Claims filed improperly or after the deadline will be denied.
The Law Offices of Michael S. Williams will help you with a denied claim. We do not shy away from claims which may require a little extra work.
Where is the Workers’ Compensation Court?
East Brunswick, Middlesex County residents’ workers’ comp case will be in New Brunswick located at:
East Brunswick Injury Attorneys
If you were hurt at your job in East Brunswick, injured in a car accident on Rt. 18 or Ryders Lane, or suffered an injury in any other way in East Brunswick we got you covered. We fight for our clients and their families to get them back on their feet and the best possible outcome.
A East Brunswick Workers’ Compensation Lawyer at the Law Offices of Michael S. Williams Will Help You Obtain Benefits
If you have been injured in an accident at your workplace, an experienced, East Brunswick, Middlesex County New Jersey Workers’ Compensation lawyer at the Law Offices of Michael S. Williams will help you obtain much-needed benefits. Call 732-351-2800 or contact us online to schedule a free consultation. With offices conveniently located in Tinton Falls and New Brunswick, New Jersey we serve clients in Monmouth and Middlesex County and throughout the state.
