Do I Still Have a Claim if My Employer Did Not Cause the Accident?
If you were injured on the job, you likely have serious concerns and questions about legal and financial relief. The first question which should be asked is whether or not your injuries would be covered by workers’ compensation. Employers in New Jersey are required to carry workers’ compensation insurance on their employees. Workers’ compensation is a “no fault” system, in that you may file a claim regardless of whether your employer was responsible for the accident.
Workers’ compensation claims often pose complex legal issues. This makes it in your best interest to have an experienced Warren County workers’ compensation attorney from Pezzano Law Group on your side from the start.
How Workers’ Compensation Claims “Work” in New Jersey
Workers’ compensation is designed to benefit employers and employees alike. Unlike personal injury claims, workers’ compensation claims do not factor in negligence. You don’t need to concern yourself with proving your employer’s fault in causing the accident. Employers benefit from the workers’ compensation system because damages are limited to lost wages and disability payments. Injured workers are not entitled to receive “pain and suffering” or punitive damages.
The Employer’s Position
Employers are responsible for purchasing workers’ compensation insurance to cover their employees in the event an injury occurs during the course of employment. Failure to carry workers’ compensation insurance could result in significant civil and criminal penalties. In theory, in exchange for providing their employees with quick access to medical and lost wage, employers are relieved of the financial risk of being sued for negligence, which could result in paying higher damages and be more time-consuming to the business.
The Employee’s Position
Employees benefit from workers’ compensation insurance in that it is supposed to provide automatic payment of medical bills and lost wages following a work injury. In exchange, however, they give up the right to seek the more comprehensive damages available in personal injury claims.
Under the Workers’ Compensation Act, injured employees can recover for both of the following losses:
- Their necessary and reasonable medical costs
- Up to 70% of their lost income while they are out of work under the care of a doctor.
- A separate monetary award if the injury results in a permanent disability.
The specifics and scope of the compensation is based on the unique circumstances involved.
Protect Your Workers’ Compensation Claim from the Start
There are important steps every injured employee can take to protect their health and financial rights, including:
- Don’t wait to seek medical care, as serious injuries can be slow to present with clear symptoms. Moreover, the more time which passes between an accident and medical care, the harder it is to prove causal relationship.
- Consult with a dedicated workers’ compensation lawyer early on.
- Follow your doctor’s advice and instructions throughout the recovery process.
- Leave the talking to your skilled legal counsel and do not accept the insurance carrier’s decision to terminate your medical care or benefits until you have consulted with an attorney.
It’s Time to Consult with an Experienced Warren County Workers’ Compensation Lawyer
The seasoned Warren County workers’ compensation team at Pezzano Law Group takes great pride in our impressive track record for skillfully guiding challenging claims toward favorable resolutions. We welcome the opportunity to also help you, so please do not wait to contact us online or call us at 908-454-0200 for more information today.
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