Workers Compensation Lawyer Newark NJ
The legal team of Rispoli & Borneo, P.C. are professional workers’ compensation attorneys. We have successfully negotiated settlements for hundreds of clients in
the Newark area. If you have been injured on the job and are in need of a Newark worker’s compensation lawyer, contact Rispoli & Borneo, P.C. today.
When you have been injured on the job, you have the right to speak to a Newark worker’s compensation attorney. Rispoli & Borneo, P.C. has been helping clients receive maximum benefits for several decades. Guided by a passionate zeal to get the results clients are looking for, we are prepared to do what it takes to get our clients the compensation they deserve. If you wish to avoid any potential delays and enable a smooth filing process, you may want to retain a worker’s compensation attorney in Newark NJ.
When you reach out to the experienced lawyers at Rispoli & Borneo, P.C., you may discuss your legal options and hear about what you can likely expect when filing a claim. Although you can file a claim on your own, there is a potential for setbacks, especially when you have a complex claim. A Newark worker’s compensation attorney can assist you in the process and ensure everything is properly filed. Services an attorney can help with might include:
- The filing of workers comp documents
- Helping you to get any secondary medical opinions
- Full assessment of your case
- Appealing a workers comp denial
- Discussing any further legal options you may have
Table Of Contents:
- Preparing for your First Meeting with a Workers Compensation Lawyer
- Document Your Case as it Stands Currently
- Supporting Documentation to Bring to the Meeting
- What You Need To Know About Workers’ Comp
- What Is Covered?
- When Are You Covered?
- How it Works
- Questions to Ask a Workers Compensation Lawyer Newark Offers
- Newark Workers Compensation Law Statistics
- Five Mistakes That Could Impact Your Workers’ Compensation Claim
- Newark Workers Compensation Law Infographic
- What is a workplace injury?
- What is workers’ compensation?
- What are some common workplace injuries?
- Rispoli & Borneo, P.C. Newark Workers Compensation Lawyer
- When Should You Retain a Newark Workers Compensation Attorney
- Getting Maximum Workers Compensation
- Requirements for Pursuing a Lawsuit Against Your Employer
- Potential Damage Recovery
- Rispoli & Borneo, P.C. is On Your Side
Preparing for your First Meeting with a Workers Compensation Lawyer
If you’ve never consulted a Newark worker’s compensation lawyer before, it may be difficult to know what to expect. The legal team of Rispoli & Borneo P.C. offers a free initial consultation during which you can discuss your worker’s compensation case. If you arrive to your meeting prepared with detailed notes and documentation, you will likely maximize the value of your time and of your Newark workers compensation lawyer.
Your free consultation with a Newark worker’s compensation lawyer may be held on the phone or in person at the legal firm. The meeting may be brief, so it’s important to be organized and efficient. Here are some tips for how to prepare for that meeting:
Document Your Case as it Stands Currently
Prepare to write more than one draft before finalizing your notes. Stick to facts and include dates when possible. Review events in the order that they happened and try to avoid going back and forth in time when discussing them with a worker’s compensation lawyer in Newark. Include the following information if relevant:
- The date you were hired
- The date you were injured
- Briefly explain how the injury happened
- The date you notified your company when the accident happened
- The name of the person to whom you gave notification
- The date you first received medical treatment for your injury
- The name of the medical facility where you received treatment
- Briefly explain any medical treatments you have received since then
Supporting Documentation to Bring to the Meeting:
- Contact information for your medical providers
- Any relevant medical records or reports regarding your injury
- Contact information for any witnesses of the accident
- A brief summary of any previous injuries similar to or in the same area of your body as your current injury
- Documentation or written communication from your employer and their insurance company in regard to your injury claim
- Contact information for your employer
- Contact information for your employer’s insurance company
What You Need To Know About Workers’ Comp
If you were injured while at work, you probably have a lot of questions. Many people do not realize it, but there is a system that cares for those who work in dangerous environments in the US. Workers’ compensation guarantees that anyone who is injured at work is completely compensated for the injury. But how exactly does workers’ comp work and what is covered in the system? This guide will answer these questions.
What Is Covered?
If your injury qualifies for workers’ comp, then every single cost related to the injury is likely to be covered in its entirety. This includes:
- Medical bills
- Lost wages
- Loss of future earning ability
Workers’ comp may also cover miscellaneous expenses, such as the purchase of medical equipment or medicine. If the expense is necessary to properly recover from the injury, then workers’ comp will typically cover it. Expenses that are not the direct result of the injury, or are not strictly necessary to recover, will generally not be covered. The right Newark workers’ compensation lawyer can review your case to determine what losses what may be covered.
When Are You Covered?
As a leading Newark workers’ compensation lawyer might explain to you, in order to qualify for workers’ comp, the injury needs to meet two conditions. First, the injury must have happened as a direct result of work-related activities. Essentially, if the actions taken as part of your job result in you being injured, then chances are extremely good that you qualify for workers’ comp. For example, a back injury resulting from loading and unloading a truck would likely be covered, but someone injured in a car crash driving home from work might not be covered. Even though the latter case is related to work in some way, the actions resulting in the injury are not part of the job.
The second condition that must be met is that the worker was being paid to perform the action. This means injuries sustained while on break are not covered. This is a big reason why you should never perform work activities while on break. Additionally, this means unpaid volunteers are usually not protected by workers’ comp. It is possible for certain factors to be applicable to your case; thereby, affecting the general rules to recover workers’ compensation. This is why it is important to ask a Newark workers’ compensation lawyer to review your case.
How it Works
If you are injured while working, the first thing you should do after receiving whatever medical attention you need reports the injury to your employer. At that point, it is the legal responsibility of your employer to file an accident report and begin the process to receive workers’ comp from the appropriate agency. Some states have dedicated state agencies that handle it, while others leave it to private insurance companies. Whatever the case, your employer is required to offer workers’ comp. If you think your employer is not meeting his or her legal requirements, speak with a Newark workers’ compensation lawyer immediately. On the other hand, if you are being denied workers’ compensation, or are otherwise, being offered a settlement that is not enough, a workers’ compensation lawyer in Newark, from Rispoli & Borneo, P.C., would like to talk with you.
What Are Common Warehouse Injuries?
The most common warehouse injuries that often result in workers’ compensation claims include:
- Failure to follow lockout or tagout procedures
- Forklift accidents
- Improper use or failure to use personal protective equipment
- Poor fire safety procedures
- Repetitive stress or motion injuries
- Stacking products
Is There Certain Equipment That Is Responsible for Most Warehouse Worker Injuries?
Although there are many pieces of equipment that present dangers to workers, there are two that are the most common causes of injuries, forklifts, and conveyors. Forklifts are responsible for approximately 100,000 injuries every year. Even experienced drivers can end up being fatally injured by a forklift.
Conveyors pose several types of risks to workers. Items falling off the conveyor can crush or injure different parts of the body. Fingers or hands can get caught in the conveyor which can result in crushing or amputation. Another common conveyor injury is repetitive stress or motion injury which happens because a worker performs the same movement over and over again.
How Dangerous Are Loading Dock Areas for Warehouse Workers?
The loading dock area is one of the most dangerous areas in a warehouse. Not only do the forklifts pose a high risk, as mentioned above, but many workers also suffer serious to severe injuries from falls. Many loading docks are several feet from the ground and injuries from these types of accidents can include back injuries, brain injuries, fractured bones, soft tissue damage, or spinal cord injury.
Many victims of loading dock falls end up suffering from chronic pain that can cause severe deterioration of the quality of life of the victim. Unfortunately, workers’ compensation claims involving chronic pain can be complex and hard to prove, especially if there is no visible injury like a broken bone. Retaining the services of a Newark workers compensation lawyer can make a difference in whether or not the injury claim will be successful.
What Legal Recourse Does an Injured Warehouse Worker Have?
With all the machinery, merchandise, forklifts, and noises, it is no surprise all of the different types of serious injuries warehouse workers can suffer. Many of these injuries end up causing long-term or permanent damages, such as back pain and hearing loss.
Although almost every injured worker is entitled to these benefits for job-related injury or illness, it is very common for employers and insurance companies to try to deny a claim or limit the benefits the injured worker receives.
Anyone who has suffered an injury as a result of working in a warehouse should contact a Newark workers compensation lawyer for assistance in pursuing a workers’ compensation claim. Workers’ compensation covers all of the medical expenses the injury as causes, as well as the wages the employee is losing as they recover. Call Rispoli & Borneo, P.C. today to schedule a free consultation.
Questions to Ask a Workers Compensation Lawyer Newark Offers
When you meet with the Newark worker’s compensation lawyer, you should have a list of questions to ask after reviewing your case. Write your question down and leave space after each one to note the attorney’s answers. This will allow you to review the information at any time. The following questions are only suggestions as you may have additional questions to ask.
- Do you specialize in representing injured workers in workers’ compensation cases?
- What is your success rate in this area?
- Do you believe I have a reasonable chance to recover my damages?
- What are the strengths and weaknesses of my case?
- Will you oversee my case and perform the more complex tasks yourself? Will you personally be handling the bulk of my case?
- How often will you inform me of progress on my case?
- What do you charge for workers’ compensation cases? Is there a maximum amount that you will charge me? If so, how much will that be?
- If a settlement can’t be reached and my case proceeds to a lawsuit, for what costs will you charge me?
- Will you advance those costs to me and agree to payment from the settlement amount or lawsuit award?
- Will you waive those costs if you don’t win my case?
- Can you provide me with references from previous clients?
Newark Workers Compensation Law Statistics
According to the U.S. Bureau of Labor Statistics:
- millions of nonfatal workplace accidents occur each year
- 90% involved occupational injuries. Workplace illnesses accounted for the other 10%
Five Mistakes That Could Impact Your Workers’ Compensation Claim
Work-related injuries are not only physically impactful, but they also can have a financial impact on the victim, one of the first steps to take is to contact a Newark workers’ compensation lawyer. Although the process following a work injury may seem straightforward, it’s possible to experience complications, and victims may receive a claim denial from the insurance company. Claim denials can be profoundly challenging for victims who need workers’ compensation benefits.
Unfortunately, without proper legal counsel from a firm like Rispoli & Borneo P.C., it’s possible to make mistakes that can harm the victim’s claim. The following are five mistakes victims make after an injury that happened on the job, all of which can cause issues through the claims process:
#1. Failing to Report the Injury
Under New Jersey law, victims of work-related accidents have 14 days to report the injury to their employer. Failure to report the injury promptly can result in complications with the claim; for some, it may be challenging to obtain much-needed benefits. After an injury, victims should immediately report the accident to their employer. However, it’s important to note that for some, injuries may be so significant and emergent that medical care is needed immediately. If this is the case, report the damage to the employer as quickly as possible.
#2. Understating or Overstating Injuries
A Newark workers’ compensation lawyer can share that two things may happen after an injury. An employee may either understate or overstate their injuries. While it’s important to report injuries to employers and health care practitioners, being as honest as possible regarding the impact is critical. It’s possible for a worker not to believe they have been injured, or that their injuries are not as severe as they are. As a result, victims may receive compensation far less than they deserve. Overstating injuries can damage a claim as it can harm the injured person’s credibility and result in employers and insurance adjusters not believing the claims. While it’s essential to be as accurate as possible for these reasons, medical care is also critical because the documentation produced can clearly outline the damages the victim is facing.
#3. Missing Filing Deadlines
Filing for workers’ compensation requires employees and employers to adhere to strict paperwork deadlines. Missed deadlines can have an impact on both employees and employers. When an employee reports their injuries, it allows their employer to file the proper paperwork promptly, allowing them access to much-needed benefits. Employees who do not report injuries on time risk missing out on their ability to receive benefits altogether. Additionally, waiting too long can also cause the details of the accident to become murky, and the losses experienced by a victim may be more challenging to prove.
#4. Failing to Follow Treatment Recommendations
After receiving treatment for work-related injuries, victims will receive treatment recommendations from their medical provider. It’s imperative to follow all recommendations from doctors not only to ensure the best possible recovery but also to prove that the injuries were as severe as the victim claimed. Failing to follow treatment recommendations can lead employers and insurance adjusters to dispute the victim’s injuries.
#5. Not Consulting with a Lawyer
Even if victims don’t believe they need a lawyer for their work-related injuries, it’s essential to consult with them immediately. A lawyer can provide counsel to injured workers and ensure they do not make mistakes that could hurt their workers’ compensation claim. Additionally, a Newark workers’ compensation lawyer can assist in managing filing deadlines and reviewing the case to determine the best course of action to take. Learn more about the services our team from Rispoli & Borneo P.C. can offer by scheduling a consultation as soon as possible.
Newark Workers Compensation Law Infographic
What is a workplace injury?
>It is important to mention that although an injury may have occurred at work, not all employers or insurance companies are eager to provide the employee with appropriate financial compensation. In fact, some situations warrant an attorney to help the individual through the process. Rispoli & Borneo, P.C. is not only experienced in compiling a comprehensive workers’ compensation claim, we are also knowledgeable and unrelenting when it comes to handling insurance companies.
What is workers’ compensation?
Workers’ compensation is mandatory in the majority of the United States. It is a type of insurance that is meant to help both the employee and the employer. In the event that an employee is injured at work or while completing a work-related task, he or she is entitled to lost wages and medical bill compensation. In return, the employee cannot sue the employer.
What are some common workplace injuries?
The slip and fall
In the workplace, a slip is most often caused by a wet floor that is slippery. A fall can be from a height if the work detail requires use of a ladder or really working from any height. Tripping should also be included in this category. An employee can trip over an uneven surface such as poor carpeting, a loose floorboard or a messy work environment.
A simple paper cut is one thing but a more severe cut that leads to missed days of work, stitches, surgery, follow-up appointments, physical therapy or occupational therapy can become costly.
Repetitive strain injury
Many occupations require the employee to repeat the same motion over and over again. Some examples include typing on a computer and lifting heavy objects. These repetitive motions can cause injury to joints, tendons, and ligaments. All of which may require rehabilitative therapies and even surgery. In addition, the individual is likely to miss work due to the aforementioned procedures and call out of work due to discomfort.
In the event that you have found yourself filing a worker’s compensation claim, it is advised that you contact Rispoli & Borneo, P.C. If only to give you a sense of comfort that you have all of the correct paperwork and have properly estimated the amount of compensation that you are owed. Contact Rispoli & Borneo, P.C. today to set up a free consultation.
Rispoli & Borneo, P.C. Newark Workers Compensation Lawyer
Zip Codes We Serve: 07102, 07103, 07104, 07105, 07106, 07107, 07108, 07112, 07114
When Should You Retain a Newark Workers Compensation Attorney
Making the decision to work with a lawyer could be easier said than done, especially if you fear retaliation or backlash from your employer. The truth of the matter is that the sooner you contact a Newark worker’s compensation attorney, the better the outcome of your case may be. An attorney can discuss the nature of your claim during a free and confidential consultation. You risk absolutely nothing by calling. If you feel right about having a lawyer on your side, you may be a candidate for pro-bono work which means you are not required to pay anything upfront. Rest assured, if at any time, you believe your career or life is at risk for harm because of an unhappy employer, a lawyer may protect you and your rights.
Getting Maximum Workers Compensation
Rispoli & Borneo, P.C. understands the coercion tactics or practices used by some insurance adjusters and employers that would pay out less than what you deserve. When they know you have an attorney working your case, there may be a better chance that you will not be taken advantage of. You can feel peace of mind in knowing that you will get a monetary value that is fair and just. Apart from financial compensation, a lawyer might also make sure you get the proper time off so that you can adequately recover from your injury or illness.
Requirements for Pursuing a Lawsuit Against Your Employer
When an injured employee accepts a workers compensation settlement, they are essentially agreeing not to sue their employer for the workplace injury. Pursuing a lawsuit can be challenging and costly. It also holds no guarantee that you’ll receive compensation, unlike workers compensation, which guarantees a percentage of your damages, and may include lost wages. For a judge to accept your lawsuit against your employer, certain criteria must be met:
1. You must prove one of the following to be eligible to sue your employer:
- Your employer purposely hurt you with the intention of causing harm.
- Your employer does not have enough workers compensation insurance to cover the damages you have suffered as a result of your injury.
2. If you hire a Newark workers compensation lawyer, he or she must prove that the injury or serious illness you suffered was directly related to working at your job.
3. After you hire a Newark workers compensation lawyer, he or she will have to establish that your employer’s wrongful action caused your illness or injury. This is a higher legal standard than that required by workers compensation claims, which is simply to prove that you were injured at work.
4. Your total damages related to the injury must be documented. This may include:
- Medical bills
- Lost wages
- Compensation for permanent injuries, scarring, or disfigurement
Potential Damage Recovery
Your Newark workers compensation lawyer may determine that due to your personal injury, you deserve additional compensation. In addition to the damages noted above, you may be eligible to receive compensation for any of the following:
- Pain and suffering. In certain cases, especially those involving lasting injuries, your attorney may include a dollar amount for the pain and suffering you have endured, and for the pain and suffering you will likely experience in the future.
- Punitive damages. Punitive damages are intended to punish the employer for knowingly and intentionally causing you harm and injury. Punitive damages can be difficult to collect, and are often not included in lawsuits or settlements for that reason. When your case is first reviewed by a workers compensation lawyer Newark employees recommend, you can ask the attorney if he or she believes punitive damages are warranted.
Rispoli & Borneo, P.C. is On Your Side
Workers’ compensation generally carries a strict statute of limitations that must be filed within a short period of time. Failing to miss this period could prevent you from getting monetary damages. It’s prudent to seek advice from an attorney as soon as possible to avoid losing out on what you rightfully deserve. To schedule a consultation with a Newark workers compensation attorney, please call (908) 768-3884 or contact us today.