Law Offices of Michael S. Williams – Proudly Serving New Jersey Residents for nearly 20 Years
Ocean County, located along the picturesque Jersey Shore in New Jersey, is renowned for its stunning coastal landscapes, vibrant communities, and rich maritime heritage. Stretching across sandy beaches, charming seaside towns, and bustling boardwalks, Ocean County offers residents and visitors alike a plethora of recreational opportunities. The thriving tourism industry creates many job opportunities for the county’s residents who need to be protected in case of injury on the job.
According to the National Safety Council, one employee is injured every seven seconds. Suffering injuries in a work-related accident can negatively impact your life and your ability to earn a living. Workers’ compensation protects workers and provides much-needed medical and financial benefits to help injured employees recover and return to work.
Workplace accidents can happen in an instant and prevent you from working. Our Ocean County workers’ compensation lawyers at the Law Offices of Michael S. Williams help injured workers obtain benefits for injuries sustained in work-related accidents.
What Are Workers’ Compensation Benefits?
Workers’ compensation is a type of insurance that most employers are required to carry to provide medical care, partial wages, and other benefits to employees who are injured in work-related accidents or who have occupational illnesses.
Workers’ compensation benefits encompass medical treatment, rehabilitation costs, and temporary disability benefits covering partial lost wages due to work-related injuries or illnesses. Additionally, there are permanent partial disability benefits, compensating for the injury’s severity, and permanent disability benefits for workers unable to perform any job duties due to work-related injuries. In cases of work-related fatalities, the families of employees are eligible for dependency benefits, along with coverage for funeral and burial expenses.
The Occupational Safety and Health Administration (OSHA) reports that these professions have the highest injury rate:
- Agricultural and 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 Are Common Workplace Accidents?
Accidents can happen in any setting, including office environments. However, most workplace accidents occur in construction, manufacturing, refineries, and other sites involving dangerous work or hazardous environments. Some of the most common workplace accidents include:
- Collisions and crashes: Workers can be struck by vehicles and other motorized equipment or crash a vehicle or equipment into another.
- Equipment-related accidents: Workers can be injured by faulty equipment or inadequate training in equipment.
- Chemical exposure: Workers in certain industries can be exposed to toxic chemicals, such as asbestos, industrial cleaners, or acid.
- Falling objects: Workers are commonly injured when struck by falling objects.
- Fires and explosions: Many workplaces contain hazardous or flammable substances that can ignite or explode and injure workers.
- Repetitive motion or overexertion: Workers in numerous industries have job duties that require repetitive motions, such as stacking boxes, loading and unloading trucks, assembly line work, or constant typing.
- Slip and falls: The most common workplace accidents are slip and fall accidents that occur for numerous reasons, such as uncleared sidewalks, slick floors, or objects in the way.
What Are Common Workplace Injuries?
Dangers can be found in all workplaces, particularly those that ignore or do not prioritize safety precautions. According to OSHA, the most common injuries sustained in workplace accidents include:
- Amputation or crushed limbs
- Broken bones and fractures
- Burns
- Chemical exposure illnesses
- Cuts and lacerations
- Death
- Electrocution
- Neck, shoulder, or back injuries
- Nerve damage
- Organ damage
- Paralysis
- Repetitive motion injuries
- Spinal cord injuries
- Traumatic brain injuries
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.
Following 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 Ocean County 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?
Ocean County residents’ workers’ comp case will be in Toms River located at:
Ocean County Injury Attorneys
If you were hurt at your job in Ocean County, injured in a car accident or suffered an injury in any other way in Ocean County we got you covered. We fight for our clients and their families to get them back on their feet and the best possible outcome.
Our Ocean County Workers’ Compensation Lawyers at the Law Offices of Michael S. Williams Help Injured Workers Obtain Benefits
Workers’ compensation insurance allows you to seek medical care and recover wages and other benefits when injured in a work accident. If you have sustained injuries in a work accident, our experienced Ocean County workers’ compensation lawyers at the Law Offices of Michael S. Williams will help. 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 and we serve not only clients in Monmouth and Middlesex County, but throughout the state.
