NJ Workers Compensation Lawyer
You Have Rights After a Workplace Injury
When you become injured at work, you may be wondering what your rights are or if you even have any rights. It is imperative that you know each state has certain laws regarding workers’ compensation and that your place of work must provide a safe working environment for you and your colleagues. Even in some of the safest environments, however, it is still possible for you to become injured. Furthermore, if you were at fault for the accident, in most cases, workers’ compensation can cover the injuries that you sustained. As a NJ workers’ compensation lawyer, we at Rispoli & Borneo, P.C., want you to know that you do have rights after being injured at work and that we are here to help you exercise those rights. For more information on workers’ compensation and your rights, contact us now.
The First Step To Protecting Your Rights
When you are injured at work, you may be wondering what steps you can take to protect your rights and successfully apply for workers’ compensation. The first thing you can and should do is report your injury to your supervisor. This may seem like an obvious answer (or it may not), but there is very little your employer can do for you if they do not know you were injured in the first place. In fact, if you go ahead and file a workers’ compensation claim without ever notifying your supervisor, this is a very good reason for your claim to come back completely denied. When it is denied for this reason, there may be very little you can do to appeal that claim. When you are able to report the injury to your supervisor, do so. If you need help with this, you can ask a NJ workers’ compensation lawyer.
The Second Step To Protecting Your Rights
The next step is filing your claim. While there are usually time limits when it comes to filing your claim, you want to do so as quickly as possible. The reason for this is twofold: if your claim is accepted, that is very good news. That means workers’ compensation can begin paying for your medical bills and time you have taken off work because of your injury. Essentially, the sooner you apply the sooner the payout. On the other hand, if your workers’ compensation claim is denied for any reason, and you and your NJ workers’ compensation lawyer can decide you want to appeal that claim, you can do so as quickly as possible.
Remember, when you are injured at work, you have rights. You have the right to file a workers’ compensation claim, to get medical treatment for your injuries, to have disability compensation if it is needed, and to have a NJ workers’ compensation lawyer from Rispoli & Borneo, P.C., represent you as you go through the workers’ compensation process. Contact us now so we can get started.
Benefits that May Be Available through Workers’ Comp
The New Jersey workers’ compensation lawyers at Rispoli & Borneo, PC have handled hundreds of workers’ compensation claims. We understand how devastating a work-related injury can be to an injured worker and his or her family. The New Jersey workers’ compensation laws (N.J.S.A. 34:15-1, et seq.) are designed to provide an injured worker with certain benefits.
The benefits include:
- Medical Treatment: The employer or workers’ compensation insurance company is required to provide medical treatment to an injured worker. The cost of the treatment is paid 100% by the insurance company. However, the insurance company has authority to select the treating physician. If an injured worker treats with a physician other than the authorized treating physician, the insurance company will not be responsible for the cost of treatment.
- Temporary Disability Benefits: The employer or workers’ compensation insurance company is required to pay an injured worker 70% of his or her average weekly wage for the time missed from work because of the work-related injury. An employee must be out of work for seven consecutive days before he or she is entitled to receive temporary disability payments.
- Permanent Disability: An injured worker can seek payment of permanent disability payments, as compensation for the percentage of disability caused by the work-related injury.
- Death Benefits: When a work-related accident results in a worker’s death, benefits are payable to the employee’s dependents. Benefits are paid weekly, at 70% of the deceased employee’s average weekly wage. In addition, the insurance company shall pay $3,500 in funeral expenses.
The attorneys at Rispoli & Borneo, PC are well versed in the rules that govern payment of medical and temporary benefits under the New Jersey Workers’ Compensation system. If all of the benefits owed to an injured worker are not paid in full, the attorneys at Rispoli & Borneo, PC can file a Motion for Medical and Temporary Benefits to force the insurance company to provide all of the benefits afforded under the law.
Contact Our NJ Workers Compensation Lawyer
An injured worker is allowed to re-open a claim and seek additional treatment and/or additional compensation. If you were injured and settled your claim, the attorneys at Rispoli & Borneo, PC may be able to file an Application for Review and Modification of Prior Award in an effort to obtain additional benefits. Most often these benefits include additional treatment and additional compensation for the work-related injury. An injured worker only has two years to file such an application.
The legal firm of Rispoli & Borneo, P.C. has successfully represented many workers compensation cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.
Asbestos Exposure Workers’ Compensation Cases
Asbestos is a mineral substance that occurs naturally. It is generally made into a fluffy-like consistency and is heat resistant, and resistant to chemical or electrical corrosion. Historically, asbestos was used in the making of certain cloth, concrete, plastic, and paper to make the materials more durable. Until the facts came out that asbestos was dangerous, even deadly, to your health, businesses profited greatly from using asbestos.
What makes it so dangerous is that very tiny fibers can enter the body and over time be responsible for causing diseases. These hazards were covered up by industry executives for years and years.
If you were exposed to asbestos at your place of employment, is your company responsible for any injuries resulting from the exposure?
Asbestos and Workers’ Compensation
Workers’ compensation laws in most states are said to be an ‘exclusive remedy’ for recovering compensation as a result of being injured on the job. These laws also state that because of how the workers’ comp laws are structured, the employee cannot take their employer to court to recover more than what the workers’ compensation pays. So regardless if you fall and twist your ankle or develop cancer because of being exposed to asbestos, the same remedies apply.
Most workers’ comp claims are handled out of court, using an administrative team to decide how workers’ comp funds are distributed to the injured employee. The funds are raised by requiring contributions from employers and employees to state programs, or they are paid through private workers’ comp insurance companies.
If a claim is filed for exposure to asbestos, it is limited only to the employer. If there were manufacturers, contractors or suppliers that may have also been responsible for the conditions where asbestos was involved, they are not covered under the workers’ comp law. You are able to sue these companies in court, but you cannot sue your employer.
Who is Defined as the Actual Employer When Considering an Asbestos Case?
Because contractors often work at different job sites, the place of employment or who is the employer can get a bit murky. In construction or industrial settings, there are often several trades working at the same time in the same place. If there is asbestos found at the job site, who, then, is responsible for any injuries incurred as a result of the exposure?
The employer is who the workers get their paychecks from. A contractor may work at a particular site for most of their career but still get paid by a contractor and not actually be employed by the plant. This means that if the worker is exposed to asbestos while on the job, they can collect workers’ comp benefits from their employer and not from the plant where they work. They can, however, take the plant to court and sue them for injuries resulting from asbestos exposure.
If you find yourself in a position where you have been exposed to asbestos and are now discovering health issues resulting from the exposure, contact an experienced Newark Workers compensation attorney to determine if you are entitled to any compensation beyond workers’ compensation benefits.