A Workers Comp Attorney Asbury Park Respects Discusses Workers’ Comp and Subcontractors
Working on a construction site is much riskier than working in most offices. The workers are exposed to a much higher level of risk while on the job site. Their bosses, general contractors, subcontractors, and even the owners on the project risk lawsuits and lost money because of circumstances that no one can predict.
In order to protect the company and its employees, subcontractors must obtain workers’ compensation insurance. This insurance is there to not only protect the subcontractors from litigation, but to offer benefits to employees who may be injured while on the job.
If you were injured on a job site and are having difficulty collecting workers’ compensation insurance benefits, contact an Asbury Park workers comp attorney at Rispoli & Borneo P.C. to discuss the next steps you need to take to receive the benefits to which you are entitled.
Workers’ compensation insurance benefits include:
- Expenses for medical care necessary from the construction site injury
- Disability benefits that will replace some of your lost wages
- Legal expenses necessary to obtain the benefits you rightly deserve
- Compensation for any long-term injuries
- Family members may receive compensation if the injury is fatal
There are certain conditions where workers’ compensation benefits will be denied. These include:
- Self-inflicted injuries
- Injuries that occur as a result of reckless or negligent behavior
- Injuries that occur when under the influence of alcohol or illegal drugs
- Injuries that happen outside the job
- Injuries not related to the job
- ‘Acts of God’ injuries with the exception of work in a high-risk environment where these occurrences are not uncommon
Other Benefits Subcontractors Receive as a Result of Having Workers’ Compensation Insurance:
- It allows the subcontractor to be able to afford workers comp attorney fees if it becomes necessary to go to litigation. Construction is a high litigation risk business and it is vital that the subcontractor stay current with their workers’ comp insurance
- It is a legal requirement for subcontractors to carry workers’ compensation insurance. If the subcontractor employes one or more employees, they are subject to the same liability specifications as larger companies
- Many general contractors will not work with subcontractors who are uninsured because of the added liability they bring to the project.
Other Considerations Regarding Workers’ Compensation Insurance
- An employee who is injured on the job cannot get workers’ compensation and then file a lawsuit against their employer
- A very small percentage of workers’ comp claims are fraudulent
- Workers’ comp can be applied for long-term injuries that are a result of repetitive work or constant exposure to harmful materials. These injuries or illnesses can occur long after the employee ceases to work for the company
If you were injured while working on a construction site for a subcontractor and you are having difficulty collecting workers’ compensation benefits, contact a workers comp attorney Asbury Park clients recommend at Rispoli & Borneo P.C. and they can investigate the injury and determine whether or not the subcontractor had the proper insurance. If not, they will work with you to seek the compensation due to you because of your accident. It is important to contact us as soon as you experience difficulty in your collection attempts.
Our Workers Comp Attorneys Asbury Park from Rispoli and Borneo, P.C. have been providing legal advice for workers compensation related issues for many years. Let’s say for instance that you’ve recently started work at a factory, and your carpal tunnel has worsened due to the repetitive wrist and hand movements required for your job. You may be wondering, can you file a workers’ compensation claim even though you’ve already had carpal tunnel for several years?
Or, when you left a construction job, you collected money for a workers’ compensation settlement. You are now working in a warehouse and you fell off a pallet jack and hurt the same knee. Could you receive benefits for the new issues with your previous work injury?
When advising clients about workers’ compensation and worsening/aggravating injury claims, our lawyers may need to ask a few questions before they can proceed with seeking benefits.
Did the Injury on the Job Worsen a Previous Condition or Non-Work-Related Injury?
You can count on receiving workers’ compensation for the injuries or disability that occurred at the recent job site. However, you will only receive benefits for the treatment you received and the days you missed work if your injury is determined to heal and is only temporary. Your previous condition will not be taken into account for the calculation of compensation, especially if the prior injury was non-work related.
If the new injury was severe enough to cause partial or complete disability, you will receive compensation based on the degree to which it caused disability.
As your Attorney for Asbury Park Workers Comp may explain, to get the best settlement, you need to see a doctor that specializes in workers’ compensation treatment. He or she can properly examine you and determine the level of impairment caused by the new injury and rule out the effects caused by your prior condition.
Did the New Injury Worsen a Previous Condition or Injury That Was a Workers’ Compensation Claim?
If you’ve re-injured the same area of the body at a new job, you can still get compensation. However, the current payout could be affected by the amount you were awarded previously. If you are entitled to $8,000 now for permanent disability, but you were previously paid $6,000 for your prior claim, you will only receive the balance of $2000. Also, you should definitely see a doctor so he or she can determine if your injury is new or aggravated. Your lawyer can then file a new workers’ compensation claim or an aggravation/worsening claim.
A Final Word
You can help your lawyer file your workers’ compensation claims by forwarding medical records of your previous injury and seeking treatment from a doctor who specializes in work-related injuries. When working together, these two professionals can help you win the battle for a fair settlement. Don’t hesitate to call our Asbury Park Workers Comp Attorneys from Rispoli and Borneo, P.C. today for further insight.