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Can Injured Workers Sue Their Employer For A Work-Related Injury in New Jersey?

Can Injured Workers Sue Their Employer For A Work-Related Injury?

Can Injured Workers Sue Their Employer For A Work-Related Injury?

Employers should provide workers with a safe workplace and equipment. However, when it comes to personal safety, there may be a difference between what is expected and what workers get following a work injury. If they were hurt on the job, it could be their employer's responsibility to pay for medical care and lost wages. These benefits are known as workers' compensation.

Workers' compensation is a benefit program that compensates employees who suffer an injury on the job. It is available in every state, and most of them have similar laws, so workers can seek compensation without having to file a lawsuit. This is why it is important to talk to a workers' compensation attorney about whether they can sue their employer for a work-related injury.

What Are Workers' Compensation Laws in New Jersey?

In New Jersey, workers' compensation laws provide benefits to injured employees and their families. Workers' compensation covers medical treatment, disability benefits, and lost wages. New Jersey has one of the strictest workers' compensation laws in the country. In New Jersey, injured workers may not be compensated for pain and suffering.

However, those injured on the job should contact an experienced workers' compensation lawyer immediately to learn more about their legal rights. This will ensure they get the benefits they rightfully deserve. They should consult with a workers' compensation attorney who will represent them in court and negotiate a fair settlement. An experienced attorney can help injured workers understand their rights and obligations and will work with them to obtain the compensation they deserve.

When Should Injured Workers Make a Workers' Comp Claim?

When an employee is injured on the job, they should contact their employer immediately to file a report. This is called an "injury report." An injury report is required whenever an employee suffers an accident at work. The employer must complete the form within 24 hours after receiving notice of the injury.

After completing the form, the employer must send it to the state Division of Workers' Compensation. This division then sends out a copy of the report to the injured worker. The injured worker must file a claim with the division within 60 days of the accident.

If the injured worker does not file a claim within 60 days, the law says they may forfeit any right to benefits. Once the claim is filed, the division investigates the case. It determines whether the worker's injury qualifies for coverage under the law. If the worker's injury meets the requirements, the division pays for treatment related to the injury.

What Disability Benefits Are Available For Injured Workers in New Jersey?

Workers' comp may also provide temporary disability benefits to the injured worker. These benefits include payments for missed work due to the injury. The injured worker may also receive permanent partial disability benefits if they cannot return to work.

Permanent total disability means the worker is unable to perform any type of employment. Total disability benefits may be paid until the worker reaches retirement age. If the worker dies, their beneficiaries receive death benefits.

When workers are injured at work, it is important to act quickly and file a claim for workers' comp benefits. To learn more about whether or not they have a workers' comp claim, they can contact a NJ Injury Guys workers' compensation lawyer.

Does the Employer Pay for Medical Bills or Lost Wages in New Jersey?

New Jersey has one of the most restrictive workers' compensation laws in the country. According to the National Council on Compensation Insurance, New Jersey is one of only five states where employers are required to pay for medical expenses and lost wages resulting from workplace injuries.

While employers are required to provide medical benefits and pay for work-related injuries in New Jersey, this is only the first step of a long and arduous process. The laws have many exceptions and restrictions. An experienced worker's compensation lawyer can advise employees about whether they qualify for benefits under these complex laws.

Some of the top-rated occupational health service clinics in New Jersey according to Google reviews include:

  • Virtua Occupational Health - Cherry Hill
  • Virtua Occupational Health - Moorestown
  • AtlantiCare Occupational Health - Atlantic City
  • Concentra Urgent Care - Elizabeth

A qualified lawyer can also help determine what type of benefits are available, such as temporary disability payments, permanent disability payments, vocational rehabilitation services, and death benefits.

When Should an Injured Worker File a Lawsuit Against Their Employer?

Injured workers often file lawsuits against their employers. These cases involve claims such as worker's compensation fraud, retaliation, and discrimination.

However, there are times when injured workers should not file a lawsuit against their employer. Here are three situations when an injured worker should not file a lawsuit:

#1. If the Employer Has Adequate Insurance Coverage

It is common for employers to provide insurance coverage for injuries sustained by employees. However, these policies may not cover all types of injuries.

Most disability insurance plans do not cover medical expenses associated with workplace violence.
Therefore, if an employer does not offer adequate insurance coverage, then filing a lawsuit against the employee's employer may not be appropriate.

#2. If the Injury Is Caused By a Third Party

Employers are responsible for providing safe working conditions. They are also required to protect their employees from third-party risks.
For example, if an employer fails to install safety guards on machinery, this could lead to serious injury or death. Therefore, if an employee is injured due to a lack of safety equipment, then the employer must pay for their medical bills.

However, if the employer provides proper safety equipment, but the employee is still injured, then the employer is not liable for the injury.

This is why many states require employers to maintain liability insurance. The purpose of this type of insurance is to ensure that employers are financially responsible for any injuries caused by their employees.

#3. If the Employee Fails to Follow Safety Procedures

An employer has a duty to provide a safe place to work. For example, if an employer allows employees to work without wearing safety goggles, then the employer may be liable for any resulting injuries.

Likewise, if an employer requires its employees to use unsafe tools, then the employer may face legal action.
However, if an employee uses a tool that the employer provided but the employee did not follow safety procedures, then the employer is usually not liable for any injuries.

Workers' Rights to Compensation Benefits

Our New Jersey workers' compensation lawyers are here to help injured workers navigate the complex workers' compensation system and obtain fair compensation for their injuries. Our law firm regularly works with injured workers throughout New Jersey and Union County to protect their rights to workers' compensation benefits.

Our legal team at NJ Injury Guys understands the complexities of this complex system and is prepared to assist injured workers throughout New Jersey. To learn more about the legal rights following an injury at work and to get answers to the many questions regarding making a workers' compensation claim, call for a free consultation.

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Gabriel A. DiLeonardo, Sr., Esq.
Date Published: June 30, 2022
Gabriel DiLeonardo, Esq. is a New Jersey licensed attorney-at-law. He helps people who suffer injuries get justice through personal injury lawsuits.
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This website is by DiLeonardo Law LLC d/b/a NJ Injury Guys. We have offices throughout the state of New Jersey with attorneys licensed to practice law in New Jersey. Use of this site does not form an attorney-client relationship and information herein shall not be construed as legal advice. This website is to be considered as ATTORNEY ADVERTISING. Past settlement and verdict values are no guarantee of similar future outcomes. This firm may retain local counsel for prosecuting cases. Results may vary from case to case depending on the specific circumstances of the case. This website has not been approved by the Supreme Court of New Jersey.
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