Workers' Compensation Laws in Jersey City

While workers’ compensation is generally available when employees get hurt, knowing your next steps can be critical for receiving what you deserve.

Report Your Work Injury Promptly

You should notify your employer, supervisor, or personnel department of a work injury or work-related condition as soon as possible. Your employer is then responsible for filing an insurance claim and should provide you with a copy of the paperwork.

Get Medical Help

If you require medical treatment, inform your employer immediately. According to New Jersey workers' compensation law, your employer or workers’ comp insurer can determine the physician to treat your work-related injury.

Seeking medical assistance is crucial for your health and can provide you with the medical report required to qualify for workers’ compensation benefits.

Contact a Workers’ Compensation Lawyer in Jersey City

Our attorneys could help you get the benefits you need to manage your life if you experience a significant occupational illness or injury. We could assist you with a complex workers’ comp case and fight for what you deserve if your claim is denied. Moreover, we could help you file a lawsuit and pursue additional compensation if you qualify. Seeking legal advice can help you get your life back on track after a severe work injury.

Workers’ compensation may not be the only way for you to recover compensation for your injuries after an accident on the job in Jersey City. For example, if you suffered an injury due to third-party negligence, you could file a personal injury lawsuit and receive damages. Third parties could include:

• Other contractors at your job site
• Coworkers
• Property owners
• Manufacturers of defective equipment

Moreover, while workers’ comp pays for your medical bills and some of your income losses, the program does not provide for non-economic damages, such as pain and anguish. A personal injury lawsuit allows you to pursue non-economic awards, including:

• Physical pain and suffering
• Emotional trauma
• Permanent disfigurement
• Disability
• Reduced life quality

It is important to note that what you could receive depends on the scope of your injuries, medical expenses, and other factors.

Morgan & Morgan’s dedicated workers’ compensation lawyers in Jersey City can assess your specific work injury case and discover all avenues for compensation, including whether you qualify for a lawsuit against a third party.

Workers’ compensation benefits typically cease when the doctor determines that you are fit to return to work. However, if you suffered a disabling injury and cannot go back to work at all, you could be entitled to workers’ compensation benefits for the rest of your life.  

Medical Benefits

You could be entitled to medical benefits under the workers’ compensation program for as long as necessary or until you are recovered. If you have an ongoing occupational injury or condition, you could qualify for workers’ comp medical benefits for the rest of your life.

Wage Replacement Payments

Temporary disability benefits are generally only available until your doctor declares you fit for work or your injury has reached maximum medical improvement. In New Jersey, the limit is usually 400 weeks. However, if you are permanently and fully disabled, you could be entitled to workers’ comp payments until you reach retirement age.

If you are an independent contractor, casual worker, or volunteer, you generally do not qualify for workers’ comp benefits under the New Jersey workers’ comp program. However, your employer could have misclassified you to save on payroll taxes.

If you suffer an injury on the job and your employer says you do not qualify for workers’ comp as an independent contractor, consider getting an attorney on your side. Your employer may be breaking the law, and you could be entitled to damages in addition to workers’ compensation benefits.

Almost all employers in New Jersey must carry insurance. However, if your employer is uninsured, you could have other options for getting what you deserve, such as the state’s uninsured employer’s fund or taking your employer to court.  

The Uninsured Employer's Fund (UEF)

If your employer fails to provide workers’ comp insurance coverage, you could receive benefits from the New Jersey uninsured employer’s fund. Similar to workers’ comp, the fund provides injured workers with temporary disability and medical benefits. However, you must file a claim together with supporting documentation to qualify. An attorney can help you navigate this process.

Suing Your Employer

Workers’ comp normally shields employers from employee lawsuits. However, if your employer does not carry workers’ comp insurance, you could sue and recover compensation. An employer could be responsible for your accident and injury if they:  

• Failed to train or supervise you or others adequately
• Failed to provide you with appropriate personal protective equipment or safety gear
• Exposed you to harmful or toxic substances
• Caused your slip and fall due to dangerous conditions at the workplace
• Provided faulty machinery or defective vehicles

However, there can be many ways in which an employer could be responsible for your injuries. Therefore, if you get hurt at work and do not qualify for workers’ comp, consult an attorney as soon as possible to determine if you could sue.

Workers' comp claims can be challenging, especially if your claim is complicated or you suffer from a disabling injury. However, Morgan & Morgan can be here for you and help you get the benefits you need and deserve. Having a skilled attorney in your corner can be essential if:

• You have to appeal a denied claim
• Your employer or insurer accuses you of fraud
• You suffer from a pre-existing condition
• You have a third-party personal injury claim
• Your employer or workers’ comp insurer disputes your claim
• You have been cleared for work but do not feel well enough
• You are severely disabled and may not be able to work again

When we take charge of your workers’ comp claim, you do not have to worry about missing any crucial filing deadlines or making any mistakes with your claim. We can manage the entire process from start to finish, including:

• Dispute an unfair settlement
• Prepare your appeal against a denied claim
• Coach you for appeal hearings before a judge
• Present medical evidence to prove your claim
• Fight for a fair impairment rating
• Negotiate with the insurance company

With our seasoned attorneys by your side, you can concentrate on getting better while we focus on recovering the benefits you deserve. We can guide you through your workers’ comp claim and determine other avenues for securing compensation, such as social security disability.

Workers’ compensation is primarily available for work-related illnesses or injuries. Employees generally do not qualify for workers’ comp benefits when:

• They got hurt due to physical violence or horseplay at work
• The injury occurred while intoxicated by alcohol or drugs
• They suffered harm while traveling to or from work
• The injury happened while violating a company policy
• The condition existed before they were hired for the position

Before hiring legal representation for a workers’ comp claim, ask about the attorney’s fee. Every firm handles payments differently, and knowing your attorney’s fee structure is essential for avoiding disappointments and unexpected bills later on.

Morgan & Morgan’s workers’ compensation attorneys do not charge you anything upfront. We only get paid if and when we win. Our priority is to help you get your life back after suffering a work-related injury.

Moreover, in many workers’ comp cases, the employer’s insurance company has to pay all attorney’s fees if they lose the case. Therefore, no financial risk is involved when you work with Morgan & Morgan.

Jersey City’s workers are generally protected by New Jersey’s workers’ compensation. However, getting what you deserve can be challenging if an insurance company is dragging its heels or your employer is uncooperative.

We understand that a significant work injury or illness can turn your life upside down and make it challenging to provide for yourself and your family. However, if you suffer an injury on the job, you deserve medical and wage replacement benefits that allow you to get better and make ends meet during your recovery.

If you struggle to get the benefits you deserve, Morgan & Morgan has your back. We have helped countless injured workers receive their due and could help you get justice too. Contact us today for a free consultation to find out more.