Workers Comp Lawyer NJ
Our New Jersey workers’ comp lawyer knows that the last thing you probably expect after sustaining an injury in the workplace is that your employer would be uncooperative. Unfortunately, some employers will make filing a claim uncomfortable and challenging for their employees. However, know that you have rights and that any company participating in workers’ compensation programs is required to file accident reports by law. However, before discussing how to handle your workplace injury, it can be beneficial to understand why an employer might be difficult in these situations. If you find yourself getting nowhere, or unsure of how to proceed contact our workers’ comp lawyer in NJ at Rispoli & Borneo, P.C. today.
Reasons an Employer Might be Hesitant
Two of the main reasons your employer might hesitate or be uncooperative after your injury is that they might be trying to avoid an increase in their insurance rates or they might be lacking coverage. However, refusing to report an incident is required by law, as is having insurance in most states. Therefore, while your employer might be dragging their feet, know your rights and if necessary contact a New Jersey workers’ comp lawyer. Also, regardless of your employer’s attitude, you are free to seek treatment and move on with the process of filing a claim for workers’ comp.
Report Your Injury
The first thing you should do, if possible, after a workplace injury is to report the incident and file an accident report. It is important to make sure that you notify your employer of the accident as soon as possible.
Don’t Wait for Permission
While it is necessary to notify your employer of the accident, our NJ workers’ comp lawyer wants you to know that you do not need to wait for permission to seek treatment. Go to a hospital and get checked out.
Inform Your Doctor
When you arrive at the hospital, make sure to inform those treating you that your injury occurred in the workplace. It is essential that any medical records document where the injury occurred.
Create a Written Statement
Next, our NJ workers’ comp lawyer recommends that you create a detailed written statement describing the accident and how the injury was sustained. This statement should be completed within 30 days of the incident, but sooner is better.
Follow Your Doctor’s Orders
It is crucial that you follow your doctor’s orders to the letter. If you fail to adhere to your treatment plan, then your workers’ compensation might be denied. It’s important that you follow your doctor’s recommendations.
Prepare for Paperwork and Keep Detailed Records
Once filed, your workers’ compensation claim will require significant amounts of paperwork. Our NJ workers’ comp lawyer can help you to review and complete all paperwork in a timely manner.
Should You Gather Evidence For Workers’ Compensation?
While it is true with workers’ compensation that you do not typically need to prove the accident was caused by another person’s negligence instead of your own, it can still benefit you to gather evidence or your workers’ compensation claim. If you were injured on the job, you may think it is almost a guarantee that your employer will cover you with workers’ compensation benefits. However, many people are disappointed to find out that their employer or the insurance is denying them benefits, leaving them out of luck when it comes to getting lost wages. Do not hesitate to see how our workers’ comp lawyer can help you during this time.
Gathering Evidence For Your Claim
In the event that your workers’ compensation claim has been denied or you would like to have evidence on your side before you submit your claim, there are certain things that may help get you those benefits.
- Employment records. This may seem so obvious that it does not even occur to you. After all, why would you be asking for workers’ compensation if you did not work for the company? However, this allows there to be no question of your employment status.
- Medical records. Did you go to your doctor’s office immediately following the accident? If you saw a medical professional of any kind after the accident, it is important to gather those records as a part of your workers’ compensation benefits claim.
- Witness’ testimony. If anybody was around to see the accident occur, this can be extremely helpful to show that there was a third party who witnessed what happened and that you truly got hurt at work or while performing your duties.
- Medical bills. Different from your medical records, your medical bills will show that not only have you been injured, but that you are seeking treatment and are incurring bills as a result of the accident.
- Expert witnesses. Why would you need an expert witness? If you are not able to return to work in the same capacity or if your injury is so severe that you are unable to return to work at all, having an occupational expert can help to explain the detail of your injuries and why you would be unable to return to work.
When you have been injured at work, do not hesitate to get the evidence you need for your side of the story. Your employer does not need to be cooperative to file a workers’ compensation claim. You have rights. However, if you are dealing with a difficult employer, then it might be best to hire our NJ workers’ comp lawyer at Rispoli & Borneo, P.C. to guide you through the process of filing a claim.