New Jersey Work Injury Attorney
What Can You Do If Your Workers’ Compensation Claim Is Denied?
In New Jersey, the majority of employers are required to carry workers’ compensation insurance to provide benefits for injured workers. The employer has a choice of either purchasing the insurance through an insurance company or they can also choose to be self-insured. No matter what the company decides, the purpose of the insurance is to provide benefits to injured workers so they will not be forced to struggle financially because of or while they recover from their injuries. Unfortunately, not all employers or insurance companies like to pay these benefits and will do all they can to try to deny a worker’s claim. In these situations, a New Jersey work injury lawyer from Rispoli & Borneo, P.C. can get you the benefits you deserve.
Types of Workers’ Compensation Benefits
Once your claim is approved, you will be entitled to receive certain benefits which will help you financially until you are able to return to work or in the event the work injury leaves you permanently disabled. These benefits include:
- Medical expenses: All medical expenses related to the treatment of your injury is the responsibility of your employer. This includes emergency care, hospitalizations, surgeries, doctor visits, rehabilitation, medications, medical devices, and even transportation costs to obtain treatment.
- Temporary disability: If you are unable to work at any time during the recovery period of your injury, a New Jersey work injury lawyer will make sure you receive the temporary total disability (TTD) or temporary partial disability (TPD) benefits you are entitled to. These benefits cover 70 percent of the wages you would be earning if you were able to work. These benefits are not taxable.
- Vocational rehabilitation: If your injury has left you unable to return to the same occupation you had before you were injured, you could be eligible for vocational rehabilitation. A vocational counselor will work with you to determine what type of training or education you will require in order to find another occupation. All of the costs associated with vocational rehabilitation are the responsibility of the employer.
- Permanent disability: If the injury leaves you with a permanent partial disability (PPD) or a permanent total disability (PTD), you will be entitled to receive benefits that cover loss of future income you would have earned in your work lifetime had you not been injured.
- Death benefits: If a worker is killed in a work accident or does not survive their injuries, their family may be able to pursue death benefits. These benefits may include funeral expenses, as well as monthly payments based on what the victim’s wages would have been had they not been killed. A New Jersey work injury lawyer from Rispoli & Borneo, P.C. can help a victim’s family determine what type of benefits they will qualify for under a workers’ compensation death claim.
What Can You Do If Your Workers’ Compensation Claim Is Denied?
Each day you go to work, you should have the peace of mind that you can do your job safely. Of course, some industries have higher risks for injuries and accidents than others. Still, your employer should provide tools, equipment, and protection to watch over your well-being. If you are hurt on the job because your employer was neglectful, or even deliberately caused the incident, you may have a legitimate worker’s compensation claim. You can even file a claim for on-the-job injuries when your employer wasn’t being negligent, and when the injury was a result of your own carelessness.
As a New Jersey work injury attorney, we have helped many people to receive workers’ comp benefits. We have also successfully recovered benefits for those whose claim was denied. If your claim is denied, you don’t have to give up hope. Call a New Jersey work injury attorney from Rispoli & Borneo, P.C.
Types of Claims
In most scenarios, your company is required to carry workers’ compensation insurance. Laws vary from state to state, but if you are a regular employee at a company or organization that has the minimum number of workers, you should have access to this coverage. Injuries can occur at any job, even those that don’t involve heavy machinery, chemicals, hazardous materials, or other high-risk environments. Employees can suffer an injury from the following:
Slips and falls: This type of accident can occur in nearly any workplace. It is among the most common claims made to workers’ compensation insurers. Common causes of slips and falls include wet/slick surfaces, debris left on the floor, uneven flooring, loose carpet and poor lighting. Outcomes from slips and falls can be relatively mild (like a sprained wrist) to very serious (like traumatic brain injury or spinal cord injury).
Repetitive stress injuries: The best-known repetitive stress injury may be carpal tunnel syndrome, which impacts those who perform repetitive tasks with their hands and fingers each day. It is seen in workers who type at a keyboard, those who work on factory assembly lines and every job in between. Other examples of RSIs include tendonitis, degenerative arthritis, herniated disks, and neuropathic pain.
Getting struck by another object: This is a common hazard on construction sites. Someone walking under scaffolding may be struck by falling equipment dropped by workers above. Those performing demolition might get struck by falling debris from a wall or ceiling. Machinery with moving or swinging parts is also a major hazard. The consequences of being struck by an object can include traumatic brain injuries, cuts and bruises, broken bones, eye injuries and more.
Equipment malfunction: The examples of equipment malfunction injuries are too numerous to list here. But in many of the worst-case scenarios, machinery either stops working at a critical moment or starts running when it should not be (such as when a worker is trying to perform repair or maintenance). In these cases, outcomes may include lost limbs, fatal crushing injuries, and severe cuts, to name just a few. The team at Rispoli & Borneo P.C. can also help you explore whether it makes sense to file a personal injury claim against the equipment manufacturer.
Fires and explosions: From the time we are children, we practice fire drills so that we can exit a building safely when there is a blaze. Any workplace fire is dangerous, but the ones most likely to result in serious injury are those that flare up and strike workers who are working near a heat or flame source. This includes workers ranging from welders to chefs.
Workplace violence: Sadly, violence in the workplace is much more common than most people realize. In some cases, it involves attackers entering the building where one works with the intent of harming others (such as disgruntled former employees seeking vengeance). In other cases, people can unexpectedly become violent (a common occurrence in hospitals and healthcare settings).
Finally, some workers who interact directly with the public are also at risk, particularly if they don’t have coworkers nearby. Delivery personnel, hotel maids, and mail carriers are just a few examples. In most cases, these injuries are compensable so long as you were not the cause of or a contributing factor in the violence. For instance. If you were injured in a dispute started by two co-workers, you could file a claim for compensation. If you started the fight, however, that would not be compensable.
There are certainly other types of injuries, as well as special circumstances that apply to each case. A New Jersey work injury attorney from Rispoli & Borneo, P.C. can explain this to you during a consultation.
If you are injured on the job, you should report the incident to your supervisor or human resources representative as soon as possible. Be prepared to give details about the injury, including exactly what happened, where it happened, when it happened, and what part or parts of your body were hurt. You should never put off reporting the injury, as there is a statute of limitations on filing a claim. Your employer should assist you in filing a claim with the insurance company to cover the costs of your injuries. Your employer will then direct you to visit a doctor that is affiliated with the insurance company. If your employer denies you coverage or ignores what happened, do not delay in calling a New Jersey work injury attorney.
In Case of Denial
If you receive bad news that your claim is denied, you may be left with the entire medical bill. You may also have to use your own personal leave for time off to recover from the injury. However, you should not give up. You can file an appeal with the insurance company. It is also wise to hire a New Jersey work injury attorney. This professional can advise you of your rights and will walk you through the next steps. Your attorney will examine your case closely and will protect your interests. The lawyer will put pressure on the insurance company and your employer to do what is right and accept your claim.
Call Our New Jersey Work Injury Attorney Now!
Our New Jersey work injury attorney knows that when you get a back injury at work, it can be absolutely devastating. You may no be able to move around easily let alone go back to work and continue to earn money until you have fully healed. This could mean months of rehabilitation. When this is the case, you should seek the help of a work injury attorney NJ offers to see how we can help you get the compensation you deserve after suffering from a back injury at work. It is important to learn the right way to file your workers’ compensation claim, what you can expect from the whole process, and what happens if they deny your claim. To see how we can help you, give our office a call to set up your consultation.
What causes back injuries at work?
There are many activities that can cause your back to become injured at work. Typically, when you are overextending your back or twisting it too far when you lift heavy items, push, or pull items, you can injure your back. Additionally, you may injure your back from slipping and falling at work or from falling from a ladder or other tall object. Our work injury attorney in New Jersey knows that one of the first things you should do after a back injury at work is to call our office for legal representation.
What should you do after you have injured your back at work?
When you injure your back at work, there are certain steps you should follow that will help get you the medical attention you need and help with your workers’ compensation claim.
- The first step our New Jersey work injury attorney recommends is reporting your injury to your employer. This is, of course, only if you are able to do so immediately. However, your workers’ compensation process begins once you have told your manager or supervisor that you injured your back.
- Get medical help. Depending on your injury, you may not be able to tell your supervisor that your back is injured and you may need to go to the hospital. Or, your supervisor may insist that you see a nurse or go to the hospital. Either way, you should get a doctor to look at your injury to determine the severity and a course of treatment.
- Call a work injury attorney in New Jersey after you have reported your injury and gotten medical treatment. While you are not required to have legal representation, having an attorney on your side can make the entire process easier and will lead to a potentially better outcome.
It is difficult coping with a workplace injury. If workers’ compensation denies your claim, an experienced New Jersey work injury attorney can be your advocate; call Rispoli & Borneo, P.C. now.