What Is Workers’ Compensation?

Rispoli & Borneo P.C.

Workers Comp Lawyer New Jersey

Workers Comp Lawyer New Jersey

What do truck drivers, nursing assistants and janitors all have in common? According to the Insurance Information Institute, each of these employees work in a top 10 private industry with the most injuries and illnesses. 

What happens if you are injured at work or develop an illness associated with your job, known as an occupational disease? If you meet certain requirements outlined below, you may be compensated by a form of insurance called workers’ compensation, commonly known as workers’ comp. In exchange for the right to sue his or her employer, an injured or ill employee can receive a range of benefits under workers’ comp coverage. Our Workers Comp Lawyer New Jersey from Rispoli & Borneo, P.C can help you with any workers’ compensation claims you have.

Am I Eligible For Workers’ Comp?

In order to receive workers’ comp benefits, you must fit the following criteria:

  • Your injury or illness must be work-related
  • Workers’ comp insurance must be carried by your employer
  • You must report your injury and file a claim before the deadline (determined by your state)
  • You must be an employee as opposed to an independent contractor

Those who work in the “gig” economy cannot typically receive workers’ comp benefits. To avoid paying workers’ comp premiums or payroll taxes, employers may misclassify a worker as an independent contractor rather than an employee. 

Workers who are undocumented, temporary, domestic, seasonal or are in the agricultural field are often exempt from workers’ comp, even if they meet the four requirements listed above. Volunteers are also not typically entitled to workers’ comp benefits, although exceptions do exist. 

How Am I Compensated?

For employees who suffer from work-related injuries or illnesses, workers’ comp can cover:

  • Payment for medical bills 
  • Vocational rehabilitation
  • Replacement of a percentage of lost wages (typically around 60%)
  • Disability benefits
  • Death benefits 

The exact details of the compensation offered to the injured employee is dependent on state regulations and the injury incurred. 

What Does This Mean For Employers?

Workers’ comp protects employers from liability lawsuits that may otherwise financially ruin a small business. Employers in every state except for Texas are required to carry workers’ comp insurance, and specific requirements and regulations pertaining to insurance vary state by state. Employers must purchase workers’ comp, whether from a private insurance company or a state fund, after they hire a certain number of employees or are paying a certain amount in wages. 

If you have been injured on the job or suffer from a work-related illness, call our Workers Comp Lawyer New Jersey today for personalized advice on how you should proceed in making a claim.