If you suffer an injury or contract an illness while at work performing work-related duties, you should generally be able to file a workers’ compensation claim. This coverage will take care of your medical care and treatment related to the incident. You may also be entitled to receive a portion of your lost wages and other benefits, depending on the details of your situation. Most employers have an obligation to purchase this insurance for their employees. With that said, there are a few exceptions to these general eligibility rules. It is partially for this reason that it is important to speak with an experienced Elizabeth, New Jersey work injury lawyer with Rispoli & Borneo P.C. as soon as you have been injured. Understanding your legal options and receiving necessary support are both key to ensuring that you receive the maximum amount of benefits possible under the law.
The Law Varies
As with many other employment regulations, workers’ compensation laws are different depending on the state in which you are working. The bottom line is that most employers in most U.S. state must have this coverage for all regular employees, whether they’re full-time, part-time, work-from-home or seasonal workers. In some places, any business that has at least one employee must have workers’ comp benefits. Other states require companies with at least three or five employees to have this insurance. If a company hires a consultant, independent contractor or freelancer, that worker is not generally eligible for coverage. However, if your work classification renders you ineligible for workers’ comp, it is still advisable to contact an Elizabeth, NJ work injury lawyer following your accident. You may be misclassified or you may be able to take advantage of compensation-related legal alternatives.
Larger companies often have in-house workers’ compensation coverage and self-insure, while medium-sized and small companies will likely go through a third party to provide coverage. In either case, if you are injured on the job, your first responsibility is to notify your supervisor or human resource representative of the incident and to file an accident report. However, it is okay to connect with an Elizabeth, NJ work injury lawyer first if you are concerned that reporting your accident will place you at risk of wrongful termination or another form of retaliation.
No Fear of Retaliation
The law protects you from any retaliation from your employer if you file a workers’ compensation claim. You cannot be fired or harassed simply because you were hurt and filed a claim. Companies face steep fines for such actions. You even have the right to sue your company in these situations, especially if management refuses to file your claim or accept your accident report.
Steps You Can Take
If you were injured while at work, but you’re getting nowhere with your claim, don’t give up. You deserve financial compensation for your medical expenses, and your employer needs to be held accountable for refusing to help. Please schedule a consultation with an Elizabeth, NJ work injury lawyer if you believe you have been treated unfairly. A skilled lawyer will be your advocate for making sure you get coverage.