After an accident, you must show that you suffered a work-related injury to qualify for benefits. In many instances, your Workers’ Compensation claim is far from cut-and-dry. You may have legal questions about your benefits and the process. Here are the answers to some common questions or concerns.
Can I Get Workers’ Compensation if I Was At Fault for the Accident?
Workers’ Compensation is a no-fault system, meaning you can get benefits if you are partly at fault. However, you may not qualify for benefits if you acted intentionally or were under the influence at the time of the accident. In some cases, a failure to use safety equipment could be considered reckless behavior that may endanger your benefits.
What Happens if My Employer Does Not Have Workers’ Compensation?
If your employer does not have Workers’ Compensation insurance, you may be able to sue them in a personal injury lawsuit. Additionally, there is an Uninsured Employers Fund that makes payments of medical expenses and temporary disability benefits to injured workers when the employer does not have Workers’ Compensation insurance.
What Should I Do if My Workers’ Compensation Claim Is Denied?
Claims can be denied for a number of reasons. This is why reaching out to a Workers’ Compensation attorney as soon as possible is important. If the claim is being improperly denied, an attorney can get your case in front of a Workers’ Compensation judge and fight the denied claim on your behalf. During this period, they can put the Workers’ Compensation insurance carrier on notice that the claim is being improperly denied, and you will obtain treatment on your own and hold the Workers’ Compensation carrier responsible for the treatment and injuries due to the improper denial. The attorney can also file motions on your behalf for the court to order that benefits be authorized.
When Do I Need a Workers’ Compensation Lawyer?
First and foremost, after you are injured, get medical treatment and notify your employer of the injury as soon as possible. Once done, you need a Workers’ Compensation attorney to protect your rights and interests. Even for accepted claims, an attorney is always needed, especially to obtain money for your injuries. You will never be advised by your employer or its insurance company that you have a right to obtain money for your injuries. This is in addition to the money you receive while you are unable to work.
Can My Employer Fire Me When I am Receiving Workers’ Compensation Benefits?
Your employer cannot retaliate against you for filing a Workers’ Compensation claim. However, they can lay you off or fire you for other reasons that have nothing to do with you filing a Workers’ Compensation claim. If you can prove that your employer fired you or retaliated against you for injuring yourself at work and filing a Workers’ Compensation claim, you may have a basis to file a wrongful termination complaint against them.
Contact a Monmouth County Workers’ Compensation Lawyer at the Law Offices of Michael S. Williams for Help With Your Claim Today
If you have been injured on the job and need help with your claim, a Monmouth County Workers’ Compensation lawyer at the Law Offices of Michael S. Williams is here for you. Call 732-351-2800 or contact us online to schedule a free initial consultation. Our offices are located in Tinton Falls and New Brunswick, New Jersey. We serve clients in the Shrewsbury, Tinton Falls, Middlesex County, and Monmouth County areas and throughout the state.