Question 1

Do I need a lawyer if I am injured at work?

Accepted Answer

While New Jersey workers' compensation law entitles injured workers to medical treatment, lost wages, and compensation for permanent injuries, insurance companies may not always provide these benefits willingly. An attorney can assist by filing a motion with the workers' compensation court to compel the insurance company to provide medical treatment and wages. Additionally, a lawyer will ensure fair compensation for permanent injuries by hiring medical experts, presenting effective legal arguments, and, when necessary, bringing the case before the workers' compensation court.

Question 2

What types of injuries are covered by workers' compensation in new jersey?

Accepted Answer

New Jersey workers' compensation law covers injuries from specific accidents, such as falls, lifting incidents, assaults, or motor vehicle accidents during employment. It also includes occupational injuries, illnesses, or diseases resulting from long-term exposure to work conditions. Examples of covered injuries range from broken bones and sprains to respiratory illnesses and mental health issues related to work conditions. The law encompasses a wide variety of physical and occupational injuries, including but not limited to orthopedic injuries, neurological damage, and cardiac illnesses.

Question 3

Can I use my own medical insurance for a work injury?

Accepted Answer

It is not advisable to use private insurance for a work-related injury. New Jersey law stipulates that the workers' compensation insurance carrier should provide and cover the cost of medical treatment. Most carriers have networks of qualified physicians. Attempting to use personal insurance may result in the injured worker being responsible for the medical bills, as workers' compensation is legally required to cover treatment costs for work-related injuries.

Question 4

How will my lawyer get paid in a workers' compensation case?

Accepted Answer

In workers' compensation cases, attorneys operate on a contingency fee basis. This means they do not require upfront payment but instead receive a percentage of any compensation awarded for permanent injury. The fee, set by law, is up to 20% of the compensation received. Often, the workers' compensation insurance company bears a portion of this fee, reducing the injured worker's contribution to approximately 8% of their recovery for permanent injury.

Question 5

Can I get fired for getting a lawyer for my work injury?

Accepted Answer

New Jersey law prohibits employers from terminating an employee for filing a workers' compensation claim or hiring an attorney to assist with their case. If an employer takes adverse action against an employee for pursuing a workers' compensation claim, they may face fines, and the employee can sue for retaliation. Adverse actions can include termination, demotion, pay or hour reduction, or removal of employment benefits.

Question 6

Do I need to report a work injury to my employer?

Accepted Answer

It is crucial to report work injuries promptly to your employer. New Jersey law mandates that employers provide workers' compensation insurance for all employees injured on the job. This insurance covers medical treatment, lost wages, and compensation for permanent injuries. Timely reporting ensures that you receive proper treatment and avoid potential personal liability for medical expenses.

Question 7

Am I responsible for copays and deductibles if I am injured at work?

Accepted Answer

Under New Jersey workers' compensation law, injured workers are not responsible for copays or deductibles related to their work injury treatment. The law requires workers' compensation insurance carriers to fully cover medical treatment costs. There should be no out-of-pocket expenses for the injured worker in accordance with New Jersey workers' compensation regulations.

Question 8

Can I bring a workers' compensation claim if I work under the table?

Accepted Answer

In New Jersey, workers who are paid 'off the books' or 'under the table' are still eligible for workers' compensation benefits. These benefits include medical treatment, lost wages, and compensation for permanent injury. The key factor in determining eligibility is whether the employer controls the employee's activities during work hours, not the method of payment. Therefore, being paid off the books does not disqualify a worker from receiving workers' compensation benefits.

Question 9

Can I bring a workers' compensation claim if I am not a legal resident?

Accepted Answer

In New Jersey, workers' compensation benefits are available to employees regardless of their immigration status. The primary legal consideration is whether the injury occurred during the course of employment. If so, the law mandates that the worker receive medical treatment, lost wages, and compensation for permanent injury, even if they are not a legal resident of the United States.

Question 10

What should I do if I am denied medical treatment after being injured at work?

Accepted Answer

If you are denied medical treatment for a work-related injury, it is advisable to consult an experienced workers' compensation attorney. They can assist by filing a motion for medical treatment with the workers' compensation court, which can order the insurance carrier to provide necessary care. This process may involve obtaining a medical report recommending treatment. An experienced attorney can engage a medical expert to provide the required documentation to support your case.

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