Following an accident while on the job, it’s possible that you might be entitled to workers’ compensation, and a New Jersey workers compensation attorney can assist. Ideally, filing for workers’ compensation would be fairly straightforward, but complications can arise. Our legal team, Rispoli & Borneo, P.C., helps workers obtain the compensation they deserve.
How Do I Know I Qualify For Workers’ Compensation?
Many workers in New Jersey qualify for workers’ compensation, but obtaining this compensation isn’t always an easy process. The process begins with informing your employer, human resources office, or supervisor. For medical treatments, your employer often has the right to select the doctor. Generally, independent contractors don’t qualify for workers’ compensation.
Does Workers’ Compensation Cover Everything That A Personal Injury Case Does?
Workers’ compensation can cover various expenses, including medical bills, lost wages, disability benefits, death benefits, vocational training, and more. However, workers’ compensation doesn’t cover benefits like pain and suffering that might be available in a personal injury lawsuit. Depending on the situation, it’s possible to pursue a personal injury lawsuit, but a New Jersey workers’ compensation attorney will often recommend pursuing workers’ compensation.
Why Was My New Jersey Workers’ Compensation Claim Denied?
There can be many reasons why a person’s workers’ compensation claim was denied, such as:
- Errors in the paperwork or the claim wasn’t submitted on time
- An employee isn’t entitled to workers’ compensation
- The employee had an existing medical condition
- There’s not enough evidence linking the incident to working conditions (a common for problems like developing a medical condition such as cancer due to fumes)
- There’s reason to believe that an employee was “horseplaying,” under the influence, or was violating rigorous safety guidelines or standards
All the reasons above can be legitimate conditions for denying a workers’ compensation claim. However, it’s also possible for a workplace or their insurance company to manipulate, misrepresent, or even fabricate key facts to deny coverage.
Do I Have to Be “On the Clock” to Qualify For Workers’ Compensation?
Generally speaking, a worker must be on the clock when an accident occurs to qualify for workers’ compensation. They also need to be on the job site, but certain jobs, like delivery drivers, can still qualify for workers’ compensation if an incident happens on the road. One gray area, however, can be special events like corporate retreats, conferences, business meetings, etc. An attorney may need to determine if an accident still qualifies for workers’ compensation.
Can An Employee Be Fired When They File for Workers’ Compensation or Are Receiving It?
Employees may hesitate to file for workers’ compensation because they fear that they’ll lose their job, either for filing for workers’ compensation or when they’re out of work receiving workers’ compensation. In New Jersey, it’s against the law for businesses to do either, and acts like the NJ Division of Workers’ Compensation or the Americans with Disabilities Act (ADA) gives employees legal action against their employers. At Rispoli & Borneo, P.C., a New Jersey workers’ compensation attorney is here to help you or your loved ones when you call us today!