New Jersey Workers Compensation Lawyer

New Jersey Workers Compensation Lawyer

Workers' Compensation Lawyer Northern New Jersey

New Jersey Workers Compensation Lawyer

If you were injured while working, you should contact a New Jersey workers’ compensation lawyer from Rispoli & Borneo, P.C. Getting an injury at work may seem like a hopeless situation, especially if your financial situation is tight. Luckily, in the United States, almost all employees are protected by the workers’ comp system. If you were injured as a result of doing your job, then chances are incredibly high that you will have your medical bills compensated in full. Learn more about the protection that comes from this system from a workers’ compensation lawyer New Jersey employees trust.

What Is Covered?

Workers’ comp can cover all financial losses that result from the injury if it happened while you were working. This includes:

  • Medical bills
  • Lost wages
  • Miscellaneous expenses
  • Loss of earning ability
  • Essentially, if you had an expense because of the injury, then it will be compensated. The system is quite generous with what is considered connected to the injury. The goal is to return you to the financial state you were in before the injury.

However, workers’ comp does not cover non-financial damages. For instance, a personal injury lawsuit usually compensates a victim for emotional trauma and physical suffering. This is not something that workers’ comp covers.

Who Is Covered?

There are two requirements for your injury to be covered by workers’ comp:

  • You must be an employee.
  • The injury must have happened while working.
  • The term “employee” refers to a specific kind of worker. The definition is complicated, but there is an easy way to know for sure whether or not you are an employee. If your employer withholds a portion of your paycheck for taxes, then you are an employee. Unpaid volunteers, contractors, and freelance workers are not covered by workers’ comp.

The second requirement is that the injury must have happened while working. Essentially, if the injury was the direct result of actions you or a co-worker took to benefit the company, then it qualifies. Injuries that result from inaction are also covered, as are injuries resulting from simply being in a dangerous environment for work. It does not matter who is “at fault” for the injury. You can be compensated by workers’ comp even if the injury was your fault. To see if you would be covered, you can go over the details of the accident with your New Jersey workers’ compensation lawyer.

Non-Traditional Workplace Accident Scenarios

Most of the time, we think of workplace accidents occurring on company property during the workday. This is the most common scenario, but not the only type of accident/injury that is compensable. Many work-related accidents can and do occur outside of the traditional workspace and an experienced New Jersey workers’ compensation lawyer can help you secure any benefits you may be entitled to as a result of such an accident. Here are some lesser-known scenarios to be aware of:

Car accidents: If you are a commercial driver or otherwise traveling for work, you are likely eligible to receive workers’ compensation benefits after being involved in a car accident. In most cases, injuries sustained while commuting to and from work are not covered because they occur off the clock. But even this rule has exceptions.

Some commuting accidents: Let’s say your boss asks you to pick up coffee for her before you come in tomorrow morning. If you get into an accident while performing a task requested by your employer, that is usually compensable. Also, if you must travel between several work sites in one day, injuries sustained between work sites are typically compensable. Finally, if you are on a business trip, you are essentially considered “on the clock” the entire time, and therefore, covered for any injuries that occur.

Working from home: Remote work has become very popular for workers whose jobs are primarily online or who can otherwise do their work from anywhere. If you suffer an accident or injury while working from home, it may be considered compensable. However, these cases tend to receive much more scrutiny, so you should work with an experienced workers’ compensation attorney when filing your claim.

Why Hire an Attorney?

You are not legally required to hire an attorney when filing or appealing a workers’ compensation claim. The system was originally designed to protect employers from litigation while making it easier for injured employees to receive compensation. Unfortunately, the system tends to be biased in favor of employers and workers’ compensation insurers. Therefore, many workers find it very helpful to have an experienced New Jersey workers’ compensation lawyer advocating on their behalf.

A New Jersey workers’ compensation lawyer from Rispoli & Borneo P.C. can help you:

  • Understand your legal rights and obligations
  • Ensure that you comply with reporting and filing requirements
  • Help you file a strong claim documented by evidence
  • Represent you throughout the appeals process if your initial claim is denied
  • Ensure that you do not face retaliation or wrongful termination because you filed a workers’ compensation claim (this is illegal)

How Can a New Jersey Workers’ Compensation Lawyer Help You

There are several ways a lawyer can help you out with your workers’ compensation claim. Accidents at work can be pretty common such as a broken arm from a fall off a ladder, a back injury from lifting heavy boxes, or carpal tunnel syndrome because of years of typing. A New Jersey workers’ compensation lawyer can help you by working with your claim and working towards compensating for the injuries that you have endured from work or from an accident that happened at work. 

You could be owed for the medical bills, future medical needs, and/or lost wages while you were out of work because of your injuries. There is a lot for you to lose and you shouldn’t have to go through the stress and uncertainty because of an accident that occurred at your workplace. 

Workers’ compensation laws can permit workers who have been hurt on the job to receive multiple benefits, depending on the injury. Those include:

  • Permanent total disability benefits
  • Permanent partial disability benefits
  • Temporary partial disability benefits
  • Medical benefits
  • Wage reimbursement benefits
  • Vocational rehabilitation benefits

When working with a workers’ compensation lawyer they will help you better understand the legal process and figure out a goal that best suits your needs. A skilled workers’ compensation lawyer’s goal is to help victims of a workplace injury or illness and to pursue the compensation and benefits that they deserve. Workers’ compensation lawyers are also available to get competent medical care for those victims that have been injured on the job. 

A lawyer will know how to navigate your claim in the best possible way so that you can receive compensation and benefits for your medical costs, lost wages, or mental distress. Hiring a New Jersey workers’ compensation lawyer puts you in a strong position to receive what you are owed without increased stress and having justice served.

Hiring a lawyer means that you will have a seasoned professional who will fight and defend you on your behalf. You will have a skilled resource who is familiar with workers’ compensation laws and what needs to be taken care of so that you can receive those benefits that you are owed. 

Many employers and their insurers try to escape the responsibility for the injuries that an employee incurred while at work. A workers’ compensation lawyer will understand the legal process and will be able to facilitate communication with medical and insurance staff, offering advice on how to fill out crucial paperwork, and guidance and clarification throughout legal processes. A lawyer will be available to you and to protect your best interests at all times. 

A lawyer will help you settle your workers’ compensation cases especially if an insurance adjuster fails to resolve your case. An employer will most often be more concerned for their welfare, so it is crucial to have a trustworthy workers’ compensation lawyer who will keep your goals and best interests in mind throughout the entire process. To achieve the best course of action and to increase your opportunities at achieving the best outcome in your claim means consulting with a workers’ compensation lawyer.

It is important to note that if your employer has workers’ compensation coverage, New Jersey law considers this to be the “exclusive remedy” after a workplace accident. That means you are barred from suing your employer over your injuries. Therefore, it is very important to ensure that you receive the worker’s compensation benefits you need and deserve. Working with an experienced New Jersey workers’ compensation lawyer is often the best way to achieve that aim. 

In nearly all cases, it is very clear whether an injury is work-related or not, but there are rare instances where this can be disputed. If you think you qualify for workers’ comp but you have been denied or your employer refuses to file for it, then you should hire a workers’ compensation lawyer in NJ immediately. If you cannot receive workers’ comp, then you may be able to file a lawsuit against the responsible individual. For more information, speak with a trusted workers’ compensation lawyer in New Jersey from Rispoli & Borneo, P.C.!

Common Reasons Employers Reject Workers’ Compensation Claims

When you file a workers’ compensation claim after getting injured at work, you expect your employer to approve. Unfortunately, that does not always happen that way. As a New Jersey workers’ compensation lawyer can confirm, employers can deny workers’ compensation claims for many different reasons, including:

  • You did not notify your employer soon enough. In the state of New Jersey, you must report your work injury to your employer within 14 days. If you wait too long to tell your employer about your work accident, you may no longer be eligible to receive benefits.
  • You did not seek prompt medical care. If you intend to file a workers’ compensation claim for an injury you endured at work, it is critical to see a doctor right away. A doctor will evaluate your injuries and recommend the appropriate treatment. If you do not see a doctor promptly, your employer may deny your claim.
  • Your injury did not occur at work. In order to receive benefits for an injury, your injury must have occurred while you were working. If you technically did not suffer the injury while you were on the clock, you may not get benefits. For instance, if you suffered a slip and fall accident while you went to a restaurant on your lunch break, your employer may reject your claim.
  • You were under the influence of drugs or alcohol. Employers do not factor in fault when deciding whether to approve your claim. However, if your employer discovers that you were under the influence of drugs or alcohol at the time of your accident, your claim will be rejected.
  • Your injury resulted from a preexisting condition. If your employer has reason to believe that your injury is actually due to a preexisting condition, your claim could get denied. For instance, if you hurt your back from a slip and fall accident at work and your doctor discovers that you also hurt your back in a car accident several years ago, it could complicate your case. The insurance company may argue that the back injury stems from the car accident.
  • You did not see an approved medical provider. If you’ve been injured at work, your employer will likely require you to see a specific doctor. If you got treated by a doctor of your choosing, your workers’ compensation claim could get denied.

Length of Time on Workers’ Compensation Benefits

When you are filing for workers’ compensation benefits, one of the questions you may have is this: how long will I be on workers’ compensation benefits? The truth is, each case is going to be different because each person will have a different set of injuries. A person who slipped and hurt their ankle may return to work in a week if they have a desk job. A person who is working with machinery every day and loses their arm in a terrible accident may be on leave for months, or longer, depending on rehabilitation. Below, you will find out more information on the different types of leave with workers’ compensation. 

What if the doctor states that I now have a long-term disability? 

Unfortunately, there are many accidents that can leave a person disabled in some way, whether it is temporary or permanent. 

Temporary disability. If a doctor states that you have a temporary total disability, you could receive workers’ compensation benefits for a maximum of 400 weeks. Temporary total disability will end when you are able to return to your job, when you have improved fully (according to the doctor), or when you have maxed out 400 weeks. 

Permanent disability. If a doctor states that you have a permanent partial disability, you can receive up to 600 weeks maximum of workers’ compensation benefits. If you get a diagnosis of a permanent total disability, you could potentially receive benefits for the rest of your life. 

What exactly does this mean? 

This means that if you are severely injured, your workers’ compensation benefits could pay for any medical expenses related to your injuries and they could help to cover a portion of your income during the period you are unable to return to work. 

My boss says they do not have workers’ compensation benefits. What am I supposed to do? 

If your boss is telling you that you do not have workers’ compensation benefits, they may be lying so that you do not file a claim. If your employer truly does not have workers’ compensation benefits, they could face expensive fines in addition to facing criminal charges. It is important to understand your employee classification (employee, contractor, etc.) and speak with your lawyer if your employer is claiming they do not have workers’ compensation benefits. When you face any roadblocks in your workers’ compensation case, it is always best to speak with your lawyer before moving forward. 

The legal firm of Rispoli & Borneo, P.C. has successfully represented many workers’ compensation cases. Contact Rispoli & Borneo, P.C. today to speak with our New Jersey Workers’ Compensation lawyer for a free initial consultation.

New Jersey Workers Compensation Lawyers
Workers’ Compensation Lawyer - New Jersey

When it comes to workplace injuries, many employees don’t understand their rights. Workers’ compensation benefits are something that most employees are entitled to regardless of fault. If you were recently injured on the job, you’ll want to explore your workers’ compensation coverage with the assistance of an experienced New Jersey workers’ compensation lawyer as soon as you can. The sooner you set a claim in motion, the sooner you can begin receiving checks in the mail.

What Is It?

Workers’ compensation is a type of insurance coverage that protects both employees and the businesses they work for. The injured employee is given compensation for their injuries while the employer is given peace of mind that the company (probably) won’t get sued. It is important to understand that not everyone is covered by workers’ compensation. If you are unsure of whether you are eligible to file a claim or you must explore alternative remedies, please contact the team at Rispoli & Borneo P.C. today.

What Is Covered?

Workers’ compensation covers a variety of expenses that are often incurred after a workplace accident. Though coverage varies by accident and by the state laws that govern workers’ compensation coverage, the following are some common types of coverage injured employees may be entitled to.

 

  • Medical Expenses – This includes an ambulance ride, emergency services, follow-up appointments, medication, wheelchairs, and other similar medical care costs.
  • Lost Wages – This is often stated as disability compensation, and may include partial disability, total disability, permanent or temporary.
  • Funeral Expenses – If the injured employee ends up dying as a result of the injury, the surviving family members may be entitled to compensation for funeral expenses, as well as loss of income if that individual provided for the day-to-day needs of his or her family.

What Is Not Covered?

There are some instances in which your injury may not qualify for workers’ compensation coverage. Because workers’ compensation is a no-fault system, you’ll generally still be entitled to compensation even if you caused the accident that resulted in your harm. However, there are exceptions to this rule, so it’s generally a good idea to speak with a New Jersey workers’ compensation lawyer before filing a claim if the accident was your fault. For example, if you were engaged in a fight that you started and were injured during that fight, your claim will be rejected. Another exception is if you showed up to work under the influence of drugs or alcohol and your injury was a direct result of your own poor choices. You could also forfeit your right to workers’ comp coverage if you intentionally hurt yourself or intentionally disobeyed company policy that resulted in your injury.

What Should Someone Do After an Injury?

If you are injured on the job, it’s your responsibility to report that injury to your employer. You should also seek medical attention right away to avoid the worsening of your issue. After you have taken care of yourself, you should look into workers’ compensation and find out how to file a claim. If you are unsure how to take those steps, never hesitate to connect with a New Jersey workers’ compensation lawyer for assistance. Also, if you’re concerned about suffering retaliation, demotions, etc. as a result of filing a claim, speak to a New Jersey workers’ compensation lawyer immediately, even if you’re too anxious to report your accident to your employer. After you’ve spoken with an attorney, you’ll be able to make an informed decision concerning how to proceed.

Workers’ Compensation: When It May Have Been Your Fault

An injury at work can mean a couple of things. For one, it may not be that serious. Maybe you knocked your leg against an open cabinet door or bruised your hip on the way to the cafeteria. In some instances, a small injury likely is not worth filing a workers’ compensation claim. However, if you were more seriously injured at work and are struggling to recover from a possible broken bone, neck injury, or another more serious injury, you should reach out to the New Jersey workers’ compensation attorneys at Rispoli & Borneo P.C.,  to see how we can help. Especially if you are concerned that the accident that took place might be your fault instead of your employer’s fault, you might be wondering if you can even receive workers’ compensation benefits. 

Can you still file if it is your fault?

Absolutely. In fact, workers’ compensation is considered to be a “no-fault” system, which means that even if it is not directly your employer’s fault that an injury occurred, you can still file for workers’ compensation benefits. So, even if the accident occurred because of something you did or because of something another employee did, you should not worry about whether you have the right to file for benefits. We can examine this using the example above. If your co-worker left a file cabinet drawer open that was low to the ground, you did not see the drawer and subsequently tripped and broke your wrist, you could file for workers’ compensation. While the entire scenario was an accident and no one intended for you to get hurt, you can still receive benefits so that you can pay your medical bills and potentially even recover money for the time you had to take off of work. New Jersey workers’ compensation attorneys from our firm can explain this to you in further detail during a consultation. 

What if a co-worker and I were messing around?

This is where there may be an exception. “Horseplay” is one of the few situations where your employer’s workers’ compensation benefits may not cover your injuries. If you and another employee were joking around at work and you became injured, it is possible that your employer’s benefits will not cover any workers’ compensation and you will be required to pay out of pocket. Depending on the state and your employer, there may be different rules regarding whether the workers’ compensation benefits will cover some of your injuries from the accident, but you will need to speak with your trusted New Jersey workers’ compensation attorneys from Rispoli & Borneo P.C.,  to gather more information. It may be worth filing regardless and even appealing a claim denial depending on the circumstances surrounding the accident. 

Call The Leading New Jersey Workers’ Compensation Attorneys from Rispoli & Borneo P.C.

If you were injured at work but are unsure of whether your employer’s workers’ compensation benefits will cover your injuries, do not hesitate to contact our New Jersey workers’ compensation attorneys to see what we can do for you.