New Jersey Workers' Injury Compensation Attorney
Types of Workplace Injuries and Disabilities
Any injury or death sustained while on the job is covered by New Jersey's worker compensation laws regardless of the particulars of the incident. Fault need not be proven, only that the injury took place while on the job. In addition, an injury or illness that happens because of a job in the past is still covered by state worker compensation and can be applied even years afterward. Because of the variability in the state's worker compensation benefits it is usually helpful to obtain independent legal advice and representation if you are looking to make a workers' compensation claim.
Construction Accident Injuries
Construction injuries or injuries at construction sites are one of the most common types of workers' compensation claims. Because making a claim and getting benefits may be difficult a law firm can help you get your entitled award. Construction companies are notoriously complicated when it comes to making claims. One company may own the site and be leasing it to another contracting company who will in turn release their liability by hiding behind some complex corporate structure. If you or someone you love has been injured at a construction site contact our law firm immediately for a free evaluation.
Another common type of workers compensation claim comes from suffering the effects of repetitive stress to a particular body part. Many types of jobs, from manual labor to office work, rely on similar motions or physical movements. There are studies that show that exposure to some types of movements or workplace conditions can lead to long term health problems and even further illnesses at a later date. State laws protect workers from suffering from these types of repetitive stress conditions.
Environmental hazards play a dangerous role in many occupations. Because industrial waste, nuclear facilities, asbestos concentration, military dumps, building sites and many other areas have high concentrations of hazardous materials every worker should be adequately protected. If your company requires you to work under these hazardous conditions or with frequent exposure to dangerous chemicals or other materials they may be breaking the law. You have rights in New Jersey and if you are injured on the job you are covered with several benefits.
Types of Coverage
According to the New Jersey Department of Labor and Workforce Development, "Workers' compensation is a "no fault" insurance program that provides the following benefits to employees who suffer job-related injuries or illnesses."
New Jersey Workers compensation coverage provides benefits for those who have experienced a workplace injury. These include medical benefits, temporary total benefits, permanent partial benefits and permanent total benefits. Workers compensation can also provide death benefits to dependents of workers who have passed away as a result of their employment.
Medical benefits compensate the injured worker for all necessary and reasonable medical treatment, hospitalization services and prescriptions related to the injury/injuries. These benefits are paid either directly by the employer (if he/she is self-insured) or the employer's insurance carrier.
Your employer has a right to designate an authorized treating physician for your work-related injuries unless an emergency exists or your employer inappropriately refuses to provide medical treatment to you. In these cases, you may choose your treating physician.
Temporary Total Disability Benefits
If you sustained an injury in the workplace and have been disabled for more than seven days, these benefits may be available to you provided you are unable to work and are under active medical care. The rate of temporary total benefits is 70 percent of your average weekly wage and not more than 75 percent of the Statewide Average Weekly Wage, but cannot fall below the minimum rate of 20 percent of the Statewide Average Weekly Wage.
Permanent Partial Benefits
If your work-related illness or injury has resulted in a partial permanent disability, these workers comp benefits may be available to you. Permanent Partial Benefits are contingent on what part of your body has been injured, and they are paid weekly until after your date of temporary disability ends.
Permanent Total Benefits
Sometimes these benefits go to those who have experienced a workplace injury that prevents them from returning to any kind of gainful employment. Weekly benefits are provided for an initial period of 450 weeks. If the injured party demonstrates that he or she remains unable to earn an income, the benefits will continue after the initial 450-week period. If you have lost major parts of your body or a combination such as feet, legs, hands, arms and/or eyes, you may be eligible for Permanent Total Disability.
Consulting a NJ Workers' Compensation Injury Lawyer
Lependorf & Silverstein, P.C. understands that injury that causes you to undergo physical, mental and financial pain is a difficult and delicate matter. In the unfortunate instance that you have experienced workplace injury and need assistance, please contact us at (609) 240-0040 for a free consultation. Our NJ workers' comp lawyers can help you by answering your questions and pointing you in a direction that will be in the best interest of you and your family.
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