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Workers’ compensation in New Jersey and the rest of the nation is designed to provide employees who are injured on the job or who have suffered work-related illnesses with prompt access to medical care and wage replacement benefits. This no-fault system does not require a finding of negligence and was meant to balance the rights of employees with the responsibilities of their employers. Although a finding of negligence is not required for a claim to be accepted, there are numerous issues that can impact the rights of workers to obtain full compensation. For that reason, working closely with an experienced Warren County, NJ, workers’ compensation lawyer, such as the Pezzano Law Group (Warren County office of LCR Law), is always in your best interest.
Our firm handles all things workers’ compensation on behalf of our clients, including the following:
If you were injured on the job, you can depend on us to effectively fight for the benefits you deserve and need to get back on your feet again.
Workers’ compensation laws originated during the Industrial Revolution as a response to the high number of serious injuries among factory workers. Before these laws existed, employees who were injured on the job had to sue their employers for negligence to receive compensation for pain, suffering, medical expenses, and lost wages.
The creation of workers’ compensation laws represented a “grand bargain” between labor and industry. Under this system, employees relinquished their right to sue for pain and suffering in exchange for faster access to medical care and lost wage benefits.
Each state has enacted its own version of this legislation, designed to compensate workers for work-related injuries while also preventing catastrophic injuries from bankrupting businesses. Employers are required to purchase workers’ compensation insurance to cover such claims.
New Jersey enacted its Workers’ Compensation Act (NJSA 34:15-1 et seq.) in 1911. The statute has been amended many times since it was first enacted, although the basic structure of the law remains the same. It is a “no-fault” system in which workers are provided benefits regardless of whether the employer’s actions or inactions caused the injuries.
The possibilities of work-related accidents are as varied as the jobs themselves. Americans work in millions of roles across countless fields and industries. Injuries can happen even after a full night’s sleep and when we’re fully focused. Machinery can malfunction, or coworkers can make mistakes—the scenarios are endless.
When we are injured on the job or develop a work-related illness, we are entitled to collect medical benefits, temporary disability, and sometimes permanent disability benefits.
Tracking work-related injuries can be complex, but the U.S. Department of Labor’s Bureau of Labor Statistics (BLS) regularly compiles and updates this crucial data. According to their records, 5,283 fatal work injuries were reported in the U.S. in 2023. Non-fatal injuries also have significant long-term impacts on employees and their families.
Even when a worker recovers enough to return to the same job, the road to healing can be long and difficult. For those who don’t recover, the consequences can be devastating.
Regardless of the severity of the injury, it’s always a good idea to consult a skilled workers’ compensation attorney. You may only get one chance to seek adequate compensation for your injuries, so it is critical to retain a competent attorney from the beginning of the claims process to protect your rights, health, family, and finances.
Every workers’ compensation claim is specific to the situation at hand. There are, however, important steps you take to help ensure that you present a strong claim that leads to fair compensation. These include:
Ultimately, the insurance company handling your claim is looking for any reason to pay you less. This includes twisting anything you say to meanings that could diminish the strength of your workers’ compensation case. As a result, it is in your best interest to let your persuasive workers’ comp attorney do all the talking for you. You are advised to stay off social media for the same reason.
In New Jersey, work-related medical conditions that develop over time are known as occupational exposure claims. Examples include:
Occupational exposure claims are more difficult to litigate than those related to specific accidents, as it is challenging to pinpoint when a degenerative injury first developed. To prove an occupational claim, the injured employee must show that their work efforts are far greater than their everyday activities outside of the workplace.
Failing to report an injury immediately after it occurs often results in insurance adjusters denying that claim. Under New Jersey law, an employer must provide notice of an accident within 90 days of it occurring, so the sooner you report the accident, the better.
Additionally, if a claim is not reported in a timely manner, you’ll miss the opportunity to obtain the appropriate medical care to treat the injury and to later prove through those medical records that the injury occurred.
Medical attention documents the injury. The further from the date of the accident you are, the more difficult it is to prove that you were injured because of the accident. Why? Life happens. If you have a meaningless fender-bender the week after your work accident, the insurance carrier will undoubtedly argue that you had an intervening injury. Don’t suffer in silence and hope that the injury gets better.
If the pain from an injury is not fading after a day or two, seek medical attention and notify your employer of the injury.
If you don’t follow a doctor’s treatment plan, a compensation judge may not believe you are truly injured, causing a denial of your claim. Following through with physical therapy, light duty, or any other treatment plan is vital to a strong case.
Further, if you reject a treatment plan offered by the insurance carrier, temporary disability benefits could be terminated.
Not providing accurate information on your claim forms and physician intake forms could damage your credibility and lead to a denial of your claim. If you schedule an appointment with your private physician and fail to mention the work accident, to obtain coverage of the visit through health insurance, that office note will come back to haunt you. Inaccurate information (such as failing to disclose a prior injury) could also lead to an accusation of fraud from an insurance carrier. If you purposely provide incorrect information, you could be charged with fraud, which is a criminal offense. So being thorough and careful when filling out your forms is always the right thing to do.
Detailed records of your injury and medical treatment document the claim. Do not assume that the doctor is taking down everything you tell him or her correctly. OBTAIN THE MEDICAL OFFICE NOTES through the patient portals, if possible, and review those notes for accuracy. If the notes are inaccurate or missing any information, ask the doctor’s office to make a correction. Remember, unless it’s written down, it doesn’t legally exist. You can have multiple medical complaints, severe pain, and genuine limitations, but unless a medical professional documents these injuries, the court won’t recognize them.
No matter how friendly and genuine they may seem, insurance adjusters are out to protect the insurance carrier’s interests. Carriers are in business to collect premiums and avoid paying claims. It is the job of the claims adjuster to poke holes in your story to determine if your claim is legitimate or not.
The tactics used by adjusters can be bewildering, subtle, and easy to stumble over. No matter how bright you are or how accurate the information you give, you will need a seasoned workers’ compensation lawyer at your side to negotiate deftly and protect your interests.
If an employer secured a workers’ compensation insurance policy, the insurance carrier is responsible for paying all benefits owed to the injured worker. The employer does not pay the benefits directly if a valid policy is in place. The carrier is supposed to cover medical bills, temporary disability benefits, and permanent disability benefits.
When carriers fail to do so, as they often do, a skilled workers’ compensation attorney can compel the carrier to pay the claim.
However, if the employer is uninsured, they must pay the benefits directly to the injured worker. If the uninsured employer is a corporation or entity without sufficient funds to cover the claim, the owner may be personally liable.
Additionally, New Jersey law imposes criminal penalties on employers who fail to secure workers’ compensation insurance. For this reason, it’s crucial for employers to maintain workers’ compensation coverage. Business owners may also purchase a rider to cover themselves as “employees” in case they are injured while working in their own business.
Don’t face a work injury alone. If you were injured on the job in Warren County, Hunterdon County, or anywhere in New Jersey, you can depend on a dedicated workers’ compensation lawyer here at Pezzano Law Group to fight for the benefits you deserve. Contact our firm for a free initial consultation today.
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