New Jersey Workers Compensation Attorney

New Jersey Workers Compensation Attorney

New Jersey Workers Comp FAQ

New Jersey Workers Compensation Attorney

A New Jersey workers’ compensation attorney knows that men and women give a large part of themselves, and their life, to their jobs. In fact, nearly one-third of the average adult life is spent working. With such a huge amount of dedication, time, and investment put towards an occupation, it is naturally reasonable to expect to be taken care of in the event of an on-the-job injury or illness. As a New Jersey workers’ compensation attorney might explain to you, in New Jersey, there are laws that have been enacted so as to provide for injured and ill workers. However, it is common for workers’ compensation claims to be denied or underplayed as an attempt to pay less than what the injured person needs or deserves. Don’t let this happen to you. Call a New Jersey workers’ compensation attorney from Rispoli & Borneo for help.

At Rispoli & Borneo, we have been helping injured workers for decades. We won’t let your employer or the insurance company take advantage of you, and we have your back. Let us help you recover full compensation for your work-related illness or injury. Schedule a consultation with a New Jersey workers’ compensation attorney today.

Do I Have a Workers’ Compensation Case?

Following an on-the-job injury illness, you might feel confused about where to begin. The following will help you to understand the process, as will a consultation with a New Jersey workers’ compensation attorney.

Does Your Employer Have Workers’ Compensation?

In New Jersey, like most states, employers who employ over a certain number of people (usually 5) must have workers’ compensation insurance for their full-time and part-time employees, as well as, domestic workers, and in some cases, farmworkers. It is possible for volunteers, family members doing company work, and non-profit workers to also be eligible for workers’ compensation. Coverage for workers’ compensation should be posted somewhere at your job, and if your employer does not have this insurance, they could face problems from the state. Furthermore, you may be able to file a lawsuit against them. A good New Jersey workers’ compensation attorney can help you to understand this process if it is applicable to you.

Are You Eligible? 

Not all employees will be eligible for workers’ compensation. For example, state and federal workers, as well as, railroad and maritime workers, may not be covered under state workers’ compensation programs. The same applies to independent contractors. There may also be other types of employees who cannot collect these benefits. If you are unsure whether or not you are eligible, call a New Jersey workers’ compensation attorney.

Should You Pursue a Third Party Claim? 

Workers’ compensation benefits are essentially available so that you do not, nor can you file a personal injury claim against your employer, an employee, or an associate party.  If a third party caused you harm, and this party is not related to your employer, it may be possible to file a separate personal injury claim. Examples of third parties may include subcontractors, vendors, or manufacturers.

If you believe you are entitled to workers’ compensation and would like to know more about the claims’ process, you have been denied, or you fear repercussions, please call a New Jersey workers’ compensation attorney now, from Rispoli & Borneo.

New Jersey Workers’ Comp FAQ

If you’ve been injured on the job, you can talk with a New Jersey workers’ compensation attorney to better understand what your options may be. Rispoli & Borneo has over 20 years of legal experience in getting successful results for clients in Union, Essex, and Middlesex counties, NJ.

Although you can technically file a workers’ comp claim on your own, it may be advisable to find out what a workers’ compensation attorney in New Jersey has to say. This might be especially important if your claim is anything less than straightforward.

Rispoli & Borneo offers free consultations to anyone who may not understand the process of filing for workers’ compensation. Please call us now to have your questions and concerns answered.

Although the process of filing workers’ comp is intended to be as easy as possible, many people run into complications and setbacks. Most likely, if you’ve been injured on the job, you want to get your workers’ compensation quickly and with very little effort. This is where it may be highly beneficial to have a New Jersey workers’ compensation attorney on your side. To help you understand these types of claims and the process, consider some of the most common questions and their general answers.

Do I need to report my accident?

Yes, if you intend to submit a workers’ comp claim. Whether you’ve been injured on the job or you developed an illness as a result of working, it must be reported to your employer within a certain time period. The sooner, the better. By missing this step you risk being denied for workers’ comp.

What if my employer doesn’t have insurance?

In general, most businesses are required to have workers’ compensation insurance. Some states have exceptions for smaller businesses. If businesses do not adhere to applicable laws, companies could be subjected to penalties in addition to paying for workers’ comp claims out-of-pocket.

Am I guaranteed to get workers’ comp?

Not necessarily. There are certain employees who are not eligible for workers’ comp claims. If your injury or illness did not happen at work, or if you cannot provide adequate proof of your injury, you may be denied. To find out whether or not you are eligible, please call a New Jersey workers’ compensation attorney today.

What might a workers’ comp claim cover?

Every state’s laws detailing what you may be able to collect will vary. In general, workers’ comp payments are modest and may cover:

  • Past, current, and prospective medical care from the injury or illness
  • Replacement income
  • Costs for retraining
  • Therapy/ rehabilitation
  • Permanent injuries
  • Benefits to survivors of workers who are killed on the job

I cannot afford a lawyer, should I still call Rispoli & Borneo?

You risk nothing when you call a New Jersey workers’ compensation attorney, such as Rispoli & Borneo. We may discuss your claim and let you know what your options are. These claims are often based on contingency which means you don’t pay anything unless we collect your compensation for you.

To schedule a free consultation with a New Jersey workers’ compensation attorney from Rispoli & Borneo P.C., please call 908-768-3884 or contact Rispoli & Borneo, P.C. today for a free initial consultation.

Problems That Come Up With Workers’ Compensation

When you are dealing with an injury or illness that stemmed from (or was made worse from) your job, you want to do the reasonable thing and file a workers’ compensation claim so that you can receive benefits while you are unable to work. After all, that is why it is in place. However, workers’ compensation claims are fraught with problems and while it can be simple in some circumstances to successfully get these benefits, other times it can feel like the system is working against you. This is why it is to your benefit to work with a workers’ compensation lawyer who understands the process and can help you when difficulties arise. 

Common Problems With Workers’ Compensation Claims

Below, you will find some of the most common issues that may arise during a workers’ compensation case that could threaten your ability to get benefits. 

  • You did not get witnesses’ names. If insurance is on the edge about giving you workers’ compensation benefits, securing the names of witnesses could be the thing that gets you these benefits. 
  • Your injury is not considered a work injury. In the event that your employer or their insurance company does not view your injury as a workplace injury, your claim could be considered to be invalid. When insurance is constantly looking to weed people out with this problem, it can throw out legitimate claims from people who were injured at work. 
  • You reported the claim too late. There is a statute of limitations for everything and that includes workers’ compensation. If you did not report your claim within the expected time (typically 30 days from the day you became injured) then the insurance company may choose to deny your claim.
  • You did not get medical attention. One of the most important things you can do after your injury or illness is to seek medical attention. This will help you with the recovery process and it will also verify you were injured in the way you said you were when the insurance company starts asking questions. If you did not get medical attention, an insurance company may deny your claim. 
  • Your employer did not follow the procedure. In some circumstances, your employer may be the one holding up the process or causing the insurance company to deny your claim. If they did not follow the procedure or have not followed up with their insurance company, speak with your workers’ compensation lawyer right away about what to do. 

Understanding Workers’ Compensation Claims for Back Injuries

How Common Are Back Injuries in New Jersey?

Many workers experience back problems and pain as a result of on-the-job accidents. Back injuries are one of the most common reasons for workers’ comp claims in New Jersey. Here are some industries where workers frequently suffer back pain:

  • Office jobs
  • Warehouse jobs
  • Construction jobs
  • Health care and nursing jobs
  • Transportation and driving jobs
  • Factory and manufacturing jobs
  • Cleaning jobs

Are these injuries covered by workers’ comp? Yes, but getting insurance companies to approve the claim isn’t easy. Having a New Jersey workers compensation attorney representing you is often necessary for success.

What Causes Back Pain at Work?

Often, chronic back pain is the result of repetitive strain injuries. If your employer requires you to carry heavy packages in your arms or assist with lifting, lowering, loading and unloading boxes, your back can eventually feel the pain.

Sometimes, back pain appears suddenly as the result of an accident, such as slipping and falling on a wet surface. Construction workers can hurt their backs if ladders or scaffolding collapse.

Heavy impacts can also produce severe back pain, such as when boxes fall off a shelf onto your back or neck. Compression injuries can cause life-changing injuries to the spinal cord. In all of these conditions, you should contact a New Jersey workers compensation attorney for advice on what steps to take next.

Why Is Proving Back Pain Claims Difficult?

One of the main challenges in workers’ comp cases for back pain is proving that the injury was caused at work. The insurance company may try to find evidence that your back got hurt somewhere. Investigators may look through your social media accounts to try to put together a false narrative and avoid paying.

Your New Jersey workers compensation attorney can gather the evidence needed to build a strong case. Here are some types of evidence that can help:

  • Medical records
  • Photographs of work areas
  • Employment records
  • Statements from coworkers that saw your accident or work environment
  • Security footage
  • Notes from the company doctor showing treatment for the specific injury at work

Fortunately, our team at Rispoli & Borneo, P.C. has a lot of experience with these specific cases. We can help you prove your injuries qualify for workers’ comp.

What About Pre-Existing Back Pain?

A pre-existing condition can make it harder for you to get compensation, but it’s not an impossible obstacle for a New Jersey workers compensation attorney. What you need to show is that the accident at work made your pre-existing back pain worse. Contact an experienced lawyer at Rispoli & Borneo, P.C. for trustworthy advice related to your case.

Is There a Statute of Limitations for Reporting Work Injuries?

Workers’ compensation claims can be complex because there are so many laws that govern the workers’ compensation system. Every state has its own specific rules. Your employer is required to post state-specific information about workers’ compensation benefits so that you understand your rights and responsibilities when you’ve been injured at work. However, consulting this information may not give you all the information you need to make a successful and timely claim. In general, if you’ve been injured on the job, it’s a good idea to speak with an experienced New Jersey workers’ compensation attorney from Rispoli & Borneo P.C. as soon as you possibly can to better ensure that you preserve your legal options. When you work with a New Jersey workers’ compensation attorney, you can receive specialized guidance, personalized attention, and a better chance of ensuring that your claim is completed properly and submitted on time. 

Report the Injury to Your Employer

If you are injured on the job, your first action needs to be getting medical treatment. Ideally, you should let your employer know as soon as possible that you were injured but taking care of yourself is your first priority. At the hospital or doctor’s office, you should inform the staff that you are there because of a work injury.

Once you are safe, you need to notify your employer. Do not expect that your conversation with a colleague is enough. You should go to a supervisor to report the injury. It’s a good idea to do this in writing, by email or text, to have documentation of when you reported your injury. You should do this as soon as possible, but typically you will have 14 to 30 days to notify your employer. However, you don’t want to wait to make this report if you don’t have to. Waiting can give your insurance provider an excuse to claim your injury wasn’t serious enough to act upon right away. However, if you’re concerned about retaliation from your employer, you may decide that it makes more sense to speak with a New Jersey workers’ compensation attorney before formally reporting your accident. 

When to File For Benefits?

Generally, when you notify your employer, you will file for benefits. Each state has a statute of limitations regarding when you can file for benefits. For an illness that developed over time, you may have longer to file a claim. 

If your employer doesn’t want to help you with your workers’ comp claim, you can contact your state department of labor to take the next steps to be compensated for your injury. In addition, you may want to contact a New Jersey workers’ compensation attorney to discuss any problems that may arise as the process unfolds. 

If you have already submitted a claim and that claim has been denied due to a timing-related issue, you may still be able to appeal. It can be useful to discuss your situation with a New Jersey workers’ compensation attorney who understands which steps you will need to take to better ensure a successful appeal.