Work Injury Lawyer Newark
Thanks to the progression of technology, many companies allow their workers to complete tasks at home. While this can present some advantages to both the employers and the employees, serious accidents can occur while the workers are at home but on the clock. If you have been injured while working at home, there are several steps you can take to ensure your rights as an employee are met and that you are properly compensated. However, getting compensated for “work at home” injuries can be a tricky business. As a result, it’s important to speak with the Newark work injury lawyers at Rispoli & Borneo P.C. as soon as you can to better ensure that your legal options remain preserved and your rights remain protected moving forward.
Table Of Contents:
- Report the Injury
- Ask for the Required Paperwork
- Document Your Medical Procedures
- Contact a Lawyer
- Independent Contractors
- Employees of Small Companies
- Sole Proprietors
- Workers in Specific Industries
- When Should You Report Your Workplace Injury?
- What If You Report Too Late?
- What If You’re Unsure?
- Contacting a Lawyer to Walk You Through the Process
- Are Some Jobs More Dangerous Than Others?
- Let’s take a closer look at what these jobs are
- Contact a Newark Work Injury Lawyer for Help
Report the Injury
You may believe because your injury happened when you were away from your workplace that you do not have coverage under your employer’s workers’ compensation insurance. However, if you were hurt performing a task for your job and were considered to be on the clock, you may qualify for compensation. Reporting the incident to your manager right away can help build the proof you’ll need to obtain your benefits. If you’re hesitant to report your accident because you’re concerned about retaliation or other repercussions, consider speaking with your Newark work injury lawyers first and reporting your accident after you’ve received some guidance.
Ask for the Required Paperwork
Even if you report being injured while working from home, your employer may not be proactive about assisting you with a workers’ compensation case. It is therefore wise to visit the main office of your employer and ask for the required paperwork. Your company’s human resource director might be able to help you complete these forms. If you were injured badly and cannot travel, ask a close friend or family member to pick up these forms for you.
Document Your Medical Procedures
It is important to keep documentation of any medical procedures you have as a result of your at-home work injury, especially if you had to visit a hospital or urgent care center right away. For example, if you work from home as a data entry clerk and you developed carpal tunnel syndrome in your wrists that caused sudden and serious pain and required immediate medical attention, ask your doctor for a detailed documentation of your visit. The more proof you can offer your employer, the better the chances workers’ compensation insurance will cover your medical bills and missed wages. If you aren’t sure what kinds of records to ask for, your Newark work injury lawyers can clarify this for you.
Contact a Lawyer
If your employer denies you coverage for your at-home work injury, contacting your Newark work injury lawyers can help you challenge the decision and better understand the laws of workers’ compensation as practiced in your state. These guidelines can vary, but presenting your case to a lawyer could be an important step in gaining the compensation you seek.
Most employers are required by law to carry workers’ compensation insurance. It covers their employees in the event of a work-related injury or occupational illness. As a result, the employer does not need to pay for the workers’ lost wages and medical expenses out of business revenue and are less likely to face a lawsuit in the wake of a work-related injury. Nevertheless, there are quite a few exceptions to eligibility for workers’ compensation benefits. Just because most employers are required to maintain coverage doesn’t mean all workers are entitled to the benefits of that generalized coverage. As a result, it’s generally a good idea to speak with experienced Newark work injury lawyers after you’ve been hurt on the job. By speaking with the experienced team at Rispoli & Borneo P.C. about your eligibility and your options, you will be in a better position to make an informed decision about filing a workers’ compensation claim or seeking alternative legal solutions to your situation.
Independent contractors perform work and collect pay, but they are not employees of the companies that they labor for. Rather, they are regarded as business associates or freelancers. Because independent contractors have a different status than employees, they usually do not qualify for employee benefits, including eligibility for workers’ compensation.
However, there can be some genuine confusion over whether a worker should be classified as an independent contractor or an employee. Sometimes the employer creates this confusion by intentionally misclassifying employees as independent contractors in an attempt to avoid providing the workers the benefits they deserve. As a result, it’s a good idea to speak with Newark work injury lawyers if you’re hurt while working as an independent contractor, as you might be misclassified and entitled to benefits after all.
Employees of Small Companies
This requirement varies by state. The laws of most states require that workers’ compensation insurance must be maintained if the company employs at least one person. However, some states forgo this requirement for companies with only a handful of employees on their regular payroll. In some states, two or more employees are enough to require workers’ compensation coverage, while in others, there must be at least five. If the company you work for is small and you’re unsure of whether you’re entitled to workers’ compensation benefits by law, please speak with experienced Newark work injury lawyers about your situation.
Basically, sole proprietors are people who own and operate their own business without any distinction between the two for tax purposes. A sole proprietor may or may not hire employees. If a sole proprietor has no employees, he or she is not required to have workers’ compensation coverage nor eligible to claim work comp benefits.
Workers in Specific Industries
Domestic workers, i.e., those who work cleaning houses or caring for children, are generally not eligible for workers’ compensation under most state laws. Neither are many farm, ranch, or agricultural workers.
Some workers are eligible to receive compensation under separate systems that apply specifically to their industry. Longshoremen can receive benefits under the Longshore and Harbor Workers’ Act, while the Federal Employers’ Liability Act covers railroad employees. Though not confined to a single industry, employees of the federal government are covered by the Federal Employee’s Compensation Act.
If you’re not sure whether you are eligible for workers’ compensation, it never hurts to ask. Please allow our Newark work injury lawyers to answer your questions regarding your eligibility for benefits and/or alternative forms of compensation.
When Should You Report Your Workplace Injury?
Any time someone is injured on the job, it’s important they report their injury as soon as it makes sense to do so. There are certain deadlines that each state imposes related to seeking compensation for work-related injuries, making it essential that you know what the deadlines are in the state where you live and work. For example, California allows only 30 days from the time of the accident, while Michigan allows 90. Other states simply require that the injury gets reported as soon as possible. If you’ve been injured on the job, please don’t wait to speak with an experienced Newark work injury lawyer. Whether you were harmed while working in New Jersey, New York, or elsewhere, the team at Rispoli & Borneo P.C. can help you navigate your options. This is true regardless of whether you told your employer about your accident right away or you are hesitating to report it because you fear retaliation or some other negative consequence potentially associated with coming forward.
What If You Report Too Late?
If you don’t report your injury by the deadline required in your state, you could have certain benefits denied, if not all workers’ compensation benefits. Again, each state deals with this situation differently. For example, in Colorado, injured workers have four days to report their injuries. For each day after that four that they are late in reporting, a day of benefits is generally lost.
There are other circumstances in which you could be excused from reporting your injury late and could still receive compensation. Some examples include:
- When your boss or supervisor witnessed the actual accident, or should have otherwise been aware of it without your report.
- When you are in a coma or otherwise incapacitated and are physically or mentally unable to make the report.
- When your employer doesn’t incur any harm by you failing to make the report.
- When your workplace doesn’t have a workers’ compensation notice posted where everyone can easily see it.
With that said, you don’t want to “count on” exceptions to the rule. If you’ve been hurt at work, even if you don’t want to tell your employer yet or report your accident formally yet, speak with a Newark work injury lawyer to preserve your options for later.
What If You’re Unsure?
If you’re unsure whether your report is late, you can speak with your employer, the insurance company or a Newark work injury lawyer. There may be some possibilities for you to still receive compensation, even if you miss the deadline. For example, if your back was injured during the course of employment, and you let it go for 20 days beyond the initial injury, you might think you’re just out of luck. If your job requires heavy lifting, and you have been doing that since your original injury, it’s possible you have aggravated the injury. You may be able to file a claim to receive coverage for the expenses of the aggravated injury.
Contacting a Lawyer to Walk You Through the Process
When you receive a workplace injury, the dos and don’ts can get confusing. Instead of trying to navigate the system on your own, it could help to have a lawyer by your side. Contact a Newark work injury lawyer today for answers to your questions or to get started with the process of obtaining your benefits, if you’re ready to do that now.
Are Some Jobs More Dangerous Than Others?
As a Newark, New Jersey work injury lawyer can attest, injuries can arise in any work environment. However, some jobs are more susceptible to workplace injuries than others. The United States Census, Department of Labor, the Occupational Safety and Health Administration, and the Centers for Disease Control and Prevention collected data to determine the most dangerous jobs in the country. The following are the results and reveal how dangerous certain occupations are.
If you have been injured on the job, contact Rispoli & Borneo, P.C. to find out how a Newark work injury lawyer from our firm help you get the financial compensation and benefits you may be entitled to under New Jersey’s workers’ compensation laws.
Let’s take a closer look at what these jobs are.
1. Construction Workers
Construction workers perform physically demanding jobs and often work at significant heights or outdoors in extreme weather conditions. Falls, being struck by objections, and electrocutions account for most of the injuries and fatalities among construction workers.
2. Agricultural Workers
Unfortunately, farm-related injuries are common. The heavy machinery and defective motor vehicles like tractors that agricultural workers use often lead to serious injuries.
Although truck drivers are limited to the number of hours they can drive per shift, many disregard truck driver rules and regulations and work longer than they should. This results in fatigued driving and injuries.
Power workers are responsible for installing and repairing electrical cables and wires. Since they are regularly towering heights and working with electricity, they suffer from more injuries and fatalities than police officers and firemen combined.
Professional fishermen are exposed to the dangers of working in open water. A vessel problem, onboard injury, and falling overboard can all lead to fatalities, making it important for fishermen to practice drills often.
Burns, equipment injuries, and falling from heights are all common threats that roofers face every time they are on the job. Roofers should be mindful of the weather and always wear safety equipment when performing work.
Takeoff and landing can be particularly dangerous for pilots, especially those who fly private planes. Since private planes are usually poorly maintained when compared to commercial planes, private aircraft pilots should ensure their planes are in tip-top shape before flying.
8. Logging Workers
New home construction is more popular today than ever before. That’s why the death rate for loggers has significantly increased. Inexperienced loggers are prone to accidents.
Contact a Newark Work Injury Lawyer for Help
If you suffer from any workplace injury, we encourage you to reach out to a work injury lawyer Newark clients recommend from Rispoli & Borneo, P.C. We can explain your legal options and assist you in filing a workers’ compensation claim so you can pay for your medical bills and lost wages.