IF YOU’VE BEEN INJURED ON THE JOB, TALK TO A MIDDLETOWN NJ WORKERS’ COMPENSATION LAWYER
The New Jersey Workers’ Compensation System protects people who are injured at work or suffer illnesses caused by conditions at their workplace. Your employer is required by law to provide Workers’ Compensation insurance for employees. In return, workers agree not to hold their employers responsible for the injuries incurred in workplace accidents.
If you have been injured in a workplace accident in Teaneck or Asbury Park, the first thing you need to do – after attending to an emergent medical situation – is to notify your employer that you’ve been injured and that you intend on filing a Workers’ Compensation claim. We advise making this notification in writing so there is proof that you did, in fact, notify your employer in a timely manner.
Next, call the Wilton Law Firm. We are experienced Workers’ Compensation lawyers and we will make sure you receive all of the benefits you are entitled to under the New Jersey Workers’ Compensation System. We have offices throughout NJ in Englewood in Bergen County, Middletown in Monmouth County and Galloway Township in Atlantic County, NJ.
CAN I SUE MY EMPLOYER FOR INJURIES I GOT AT WORK?
No. While many people find it frustrating that even though their accident occurred in the workplace, NJ Workers’ Comp law prohibits you from suing your employer. That’s because New Jersey employers are required to provide workers with Workers’ Compensation insurance. By doing so, employers are generally immune from being held responsible for workplace accidents, even if they are on a construction site. (Purposeful attempts to cause injury may be subject to other laws. Speak to a Wilton Law Firm attorney if you suspect foul play.)
WHAT TYPE OF INJURIES MIGHT BE CONSIDERED A WORKPLACE INJURY?
Depending on the type of work you do, there are countless workplace accidents or situations that can cause injury. The important thing to understand is that if you are injured at work, you are entitled to Workers’ Compensation benefits.
Head injuries – There are many injuries that can result in a concussion or other serious head trauma. The most serious accidents can result in traumatic brain injuries.
Spinal cord injuries – A fall off a ladder or scaffolding or even a simple slip and fall accident can cause a back injury that could lead to chronic pain and possibly severe permanent injuries.
Burns/Shocks – Whether you are burned or shocked in an electrical accident or other workplace injury, you may lose the ability to use a body part.
Broken or fractured bones – Some bone injuries require surgery and can take a long time to properly.
Severe Lacerations – A deep cut from a saw or other machinery can injure nerves and cause severe pain.
Loss of hearing – Constant loud noises, whether from a jackhammer or other equipment, can permanently affect your ability to hear. This can not only affect your quality of life in general but also make a busy, dangerous workplace a safety hazard.
Loss of vision – Whether it’s contact with chemicals or a blow to the head, loss of vision can be permanent and obvious extremely debilitating.
Repetitive stress injuries – Constant computer use or repetitive tool motions, like swinging a hammer, can cause painful carpal tunnel that limits your ability to work.
Respiratory injuries – These kinds of pulmonary injuries may result from toxic exposure.
Loss of limbs
WHAT WORKERS COMP BENEFITS AM I ENTITLED TO RECEIVE?
There are three parts to New Jersey Workers’ Compensation benefits.
Medical Treatment: Your employer’s insurance carrier will refer you to a doctor that regularly sees Workers’ Comp cases. You will not get to choose which doctor treats you. You will receive the type and amount of treatment the Workers’ Comp doctor determines you need to maximum level of medical improvement so you are able to go back to work. If you disagree with the Workers’ Comp doctor, or would like to have a second opinion, you may need to take a legal course of action to fight for the ability to do so. If you are denied Workers’ Comp benefits, Wilton Law Firm can help.
Replacement Pay: You are entitled to a certain amount of money, in lieu of your regular salary, while you are out recovering from your injury. The law provides for a specific calculation of how much you will receive based on how much you made in the past several months. Your Wilton lawyer can explain the details.
Cash Award: After the Workers’ Compensation doctor determines you have reached the maximum level of improvement medical treatment can provide, you will have the opportunity to go to court and ask for a cash award based on the amount of permanent injury you still have. Guidelines for how much you can request from a Workers’ Comp judge are also outlined by state law. Your Wilton lawyer can negotiate for a deal that puts your interests first.
All parts of the Workers’ Compensation law is complex. It’s important to know your rights; at Wilton Law, we will explain which benefits you are entitled to receive and we will go up against the insurance company and doctors, when necessary, to make sure you receive all benefits and compensation you can by law.
WHAT’S A THIRD PARTY CLAIM?
While you can’t sue your employer after being injured in a workplace accident, you may be able to hold the property owner, equipment manufacturer or another onsite contractor liable for your injuries. For example, if the forklift you were riding malfunctioned, you may be able to sue the maker of the equipment and will compensation your pain and suffering. Similarly, if you are working for a subcontractor and are relying on a general contractor to make sure safety equipment is in place, you can hold the GC responsible if you are injured due to the GC’s failure to maintain a safe working environment.
The skilled attorneys at the Wilton Law Firm will fully investigate your Workers’ Compensation case. If there is a third or even multiple parties that bear some responsibility for your accident and injury, we will hold them liable in court and fight for your right to maximum compensation.
Contact an Experienced Attorney who will Fight for Your NJ Workers’ Comp Benefits
If you or a loved one has been injured at work, contact the skilled Workers’ Compensation lawyers at the Wilton Law Firm. We work on contingency. This means that if we don’t win your case, you won’t pay a dime. In New Jersey, there is a statute of limitations regarding many aspects of a Workers’ Comp case. Don’t delay in speaking with an experienced lawyer who will make sure deadlines are met so you don’t forfeit entitled benefits.
Additionally, our firm’s founding partner is one of a select few lawyers to be recognized as a Certified Civil Trial Attorney in NJ, which means that he knows how to get results in the courtroom. For a free consultation about your case, contact us at 732-852-7231. You can also schedule a free appointment through our online contact form.