Workers’ compensation can be a complicated matter. Laws governing the benefits you can receive vary by state. Also, the compensation you receive varies depending on whether your case is open or closed and whether your disability is temporary or permanent. It is partially because these benefits can vary so significantly based on circumstance that it is important to contact experienced Long Branch, New Jersey work injury attorneys from Rispoli & Borneo P.C. in the wake of an accident. Understanding your legal options is key to making informed decisions about your situation.
Temporary Total Disability
It sometimes takes a while to determine whether you will recover completely from your injuries and be able to return to work at full capacity. Often, your doctor requires you to stay off work entirely to give your injury a chance to heal. While you are off work for recovery, you will likely receive temporary total disability payments on a regular basis, whether monthly, weekly, or bi-weekly. These payments typically represent a percentage, usually 66.67 percent, of your regular wages. In other words, you will receive two-thirds of what you would have normally received when you were working. You will probably not receive any compensation for days that you would have had off from work anyway. Depending on the state where you live, you may receive more than two-thirds of your wages in temporary disability payments because they may include your employer’s contributions to your employee benefits. With that said, some exceptions apply to this general rule, so be sure to clarify your eligibility and restrictions with experienced Long Branch, NJ work injury attorneys instead of making assumptions about your coverage. That way, you will not receive any negative surprises down the line in regards to your benefits.
Permanent Disability
The ultimate outcome that everyone desires in a workers’ compensation case is that you recover fully from your injuries and are able to return to your old position without restriction. Unfortunately, this is not always what happens. Work-related injuries can have permanent effects that may affect your job performance or prevent you from working altogether. If that is the case, you may be eligible for permanent disability benefits and/or alternative benefits. This arrangement is wholly dependent upon the restrictions imposed by your state. Experienced Long Branch, NJ work injury attorneys can explore how your unique situation will be handled accordingly.
A permanent disability may be total or partial. A total disability may prevent you from returning to the same industry. It sometimes renders you unable to perform any type of job at all. If that is the case, you may receive a pension as compensation for your total and permanent disability. The amount of your payments will likely be less than your temporary disability payments and almost certainly less than the amount of wages you would receive if you were still working.
Sometimes you have only a partial permanent disability. This means that you may be able to go back to work in the same industry, and perhaps even in the same position, but your injury limits what you are able to do. If that is the case, you may have the choice of receiving partial permanent disability compensation in a lump sum or in weekly payments.
Experienced Long Branch, NJ work injury attorneys can explain the options that apply to your particular situation. Contact our office today to make an appointment to speak to a member of our legal team. We look forward to speaking with you about your unique circumstances.
If you have been injured at work, contacting an experienced Long Branch, New Jersey work related injury attorney just might be the most important step you can take right now. The attorneys at Rispoli & Borneo P.C. are well-versed in how to handle the insurance companies involved with workers’ compensation claims. Even more importantly, our team of knowledgeable attorneys empathize with our clients. Not only do we offer affordable consultations but we also provide compassionate guidance and support to anyone seeking our help. It is important to work with a Long Branch, NJ work related injury attorney who is passionate about the protection of employees in the workplace and has no problem going up against the biggest insurance companies. You do not have to navigate the aftermath of a work injury alone. We are here to help.
Seek medical attention
It is imperative that you seek whatever immediate medical attention is appropriate for your injury. Whether that means the emergency room, urgent care or a chiropractor, your insurance company may become suspicious if there is a delay in treatment. Be sure to inform any health care professional who treats you that it is a work-related injury. You should also discuss your treatment with your employer as many companies require the employee to be treated by specific doctors. If you see a doctor outside of that which is approved by the insurance company, they may deny your claim.
File an incident report
In pursuing your workers’ compensation benefits, it is imperative that you dot your i’s and cross your t’s. Especially when it comes to paperwork and written documentation of the incident and resulting injury. The insurance company will look for any flaw in the process to justify denying your claim. It will behoove you to be thorough when filing appropriate paperwork with your employer in a timely manner. If you are concerned about alerting your employer to your injury due to fear of retaliation or wrongful termination, please let a Long Branch, NJ work related injury attorney know about your concerns.
Retain all documentation
As previously mentioned, insurance companies will look for any loophole that allows them to deny a claim. Not only should you be sure to retain a copy of any paperwork you fill out with your employer, you will also need to keep copies of any medical treatment you receive. This includes, emergency treatment, diagnostic testing, diagnostic reports and any other medical treatment and doctor’s appointments related to the injury. It will be helpful if you inform all medical personnel that your injury is work related. A Long Branch, NJ work related injury attorney is available to guide you through this process should you have any questions.
The bottom line is this- work-related injuries happen. If you are eligible for coverage, it is your right, as an employee, to be compensated for any and all medical expenses related to the injury. Despite that, many insurance companies will try to get out of paying an injured employee what they deserve. You owe it to yourself, your loved ones and your financial future to seek legal guidance from a Long Branch, NJ work related injury attorney. In doing so, you are helping to ensure that you receive fair and just compensation for your injuries.
Long Branch Work Injury Attorneys
At Rispoli & Borneo, we help many clients who were injured while working. Some of these injuries were the result of accidents while others occurred because of a failure to implement OSHA guidelines. Regardless of what has happened to you, if you were involved in a work accident, call a work related injury attorney in Long Branch, New Jersey today.
What Are OSHA Guidelines and Why Do They Matter?
It has been 50 years since The Occupational Safety and Health Act of 1970 was passed in Congress with the aim of keeping American workers safe while they are on the job. Generally speaking, this law requires employers to protect their workers from known safety hazards in the workplace. This act also created the Occupational Safety and Health Administration. This agency helps to both create and enforce workplace safety standards and certain workers’ rights.
Chances are that you have heard OSHA referenced in any safety training you may have taken place in where you work. What are OSHA’s guidelines and why should they matter to you? This is a complex question that could be answered at length. But in a nutshell, OSHA is the federal agency tasked with keeping you safe at work and it primarily exercises its authority through the creation and enforcement of worker safety guidelines. Should you ever become injured on the job, you should consider speaking with a Long Branch, NJ work-related injury attorney about your legal options and whether OSHA should be alerted to any unsafe working conditions that may have contributed to your injuries.
OSHA Guidelines and Work Injuries – The Basics
If you are injured at work and your accident is covered by workers’ compensation insurance, the cause of the accident will not matter for the purposes of obtaining the benefits you are entitled to. With the assistance of a Long Branch, NJ work-related injury attorney, you will be able to get workers’ compensation benefits (with very, very few exceptions) even if the accident was your fault, provided that your accident is covered by your employer’s workers’ compensation coverage. However, the fact that the cause of the accident won’t necessarily factor into your benefits doesn’t mean that it shouldn’t be reported to OSHA. If you are working in an unsafe space, you and your co-workers all remain at-risk for as long as the hazards go unaddressed.
If you wish to anonymously report that your employer is not following OSHA guidelines and that your workplace is unsafe as a result, a Long Branch, NJ work-related injury attorney can help you to make an anonymous complaint and request for a workplace inspection. This will help to ensure that you and your co-workers are not exposed to unsafe conditions for any longer than you have to be. In addition, if you are not covered by workers’ compensation insurance, any OSHA violations on the part of your employer could factor into any legal action you may choose to file at this time or in the future.
Legal Guidance Is Available
If you have been injured on the job, consider scheduling a consultation with an experienced Long Branch, NJ work-related injury attorney today in order to explore your legal options. In addition, consider working with your attorney to report unsafe working conditions to OSHA if you believe that your employer will not immediately fix any hazards that led to your injury. Call Rispoli & Borneo, P.C. today for a consultation.