NJ Work Injury Lawyers
If you have been injured while working, and are concerned about receiving workers’ comp benefits, call Rispoli & Borneo, P.C., to speak with one of our New Jersey work injury lawyers.
Understanding Which Injuries Are Covered by Workers’ Comp
In the US, nearly all employees are guaranteed the right to financial compensation in the event they are injured while working. This system is called workers’ comp, and it is one of the broadest coverage systems in the nation. Despite the fact that the vast majority of people are covered by this system, many people do not understand how it works. Although the system has been designed to be self-explanatory, it tends to cause a lot of confusion. This is especially true when the injury is anything but straightforward. New Jersey work injury lawyers can explain the process of applying for workers’ compensation, and if needed, apply on your behalf. To prepare you for a consultation, consider the following information that briefly explains some of the injuries that are covered.
Coverage
Many people are surprised to learn that there are essentially no limitations on what kinds of injuries are covered by workers’ comp. In addition to the traditional and straightforward injuries that most people usually think of, any injury that costs you money to treat should be fully covered.
This includes repetitive stress injuries, which are caused by doing a repetitive motion frequently for many hours over the course of weeks or months. Typing is a common cause of the most common repetitive stress injury, and can lead to carpal tunnel. However, even something like lifting heavy boxes can be considered repetitive stress injuries.
Another type of injury that is commonly overlooked when it comes to workers’ comp coverage is respiratory injuries. For example, if you inhale certain gases, you can do serious damage to your lungs or other internal organs. These types of injuries are also usually covered by workers’ comp.
Qualifying
While the type of injury does not affect your coverage, there is one aspect you need to be aware of that does. Only injuries that are the direct result of work-related activities are covered. This means that you or one of your coworkers needs to be acting for the benefit of the job, and these actions must cause the injury. The injury does not necessarily need to be caused by your actions, but the actions do need to be related to work. Here are some examples of injuries which would likely be covered by workers’ comp:
- Cutting your hand open while opening boxes after a delivery.
- Hurting your back after lifting heavy boxes all day.
- A broken leg after a car crash while making deliveries.
And here are some examples of injuries which would generally not be covered:
- A broken leg after a car crash while driving to work.
- Injuring yourself at work, but while intoxicated
No matter where you work or what you do for a living, you should have the expectation of remaining safe while you’re on the job. Unfortunately, injuries can occur while you’re on the clock. Some of these may be financially challenging and may keep you from being able to return to work, at least temporarily. Thankfully, unless you’re a worker whose title and/or duties render you unable to collect benefits, workers’ compensation coverage can help to ensure that you’re reimbursed for many expenses that result from work-related injuries.
Workers’ compensation guidelines can be complicated, so it’s best to speak to an experienced New Jersey work injury attorney before making any assumptions about your eligibility to file a workers’ compensation claim. The experienced New Jersey work injury attorney team at Rispoli & Borneo P.C. can either help you to pursue a workers’ compensation claim or advise you of any legal alternatives that may be available to you. Even if you don’t qualify for workers’ comp benefits, you may be able to obtain compensation for the harm you have suffered by pursuing an alternative course of action.
Report the Incident
If you suffer an injury while engaged in regular work duties, you need to report the incident to your manager to the human resources department. You should do this as soon after the injury as possible. Most states have deadlines concerning when you need to report such claims. If you’re concerned about retaliation, don’t hesitate to connect with a New Jersey work injury attorney before you formally report your incident, provided you make contact as soon as possible after your accident.
File on Time
After making the injury report to your employer, you should file a claim with your workers’ compensation provider. Your employer’s human resources team should help you through the process, although a New Jersey work injury attorney can do this as well, while taking particular care to protect your rights throughout the filing process. You generally have between 30 and 90 days after the injury to file. If you wait too long, your claim will be denied.
What if You Work Out of State?
If you work in a state other than the one in which you live, you usually can file in your home state. In some areas, you could do either. It’s important to understand the laws where you live. A New Jersey work injury attorney can clarify your options, either way.
What if You Were Traveling?
If you are injured while traveling on business, you may still be eligible for Workers’ compensation benefits. For example, if the injury occurred while you were on your way to a conference or workshop your employer sent you to attend, you should remain eligible for benefits. If you suffered an injury at a party held after the work-related meeting and the party isn’t mandatory, your claim will likely be denied.
An Eligible Accident Doesn’t Have To Happen on Work Property
Employees that work from home can make an injury claim as long as the incident occurred while the worker was performing assigned work. Another example may be if the employee was hurt while picking up office supplies or delivering materials to a client. As long as the employee’s injury happened while in the employ of the company and while they were performing work-related duties, workers’ compensation claim eligibility should not be compromised.
Call A New Jersey Work Injury Lawyer from Rispoli & Borneo, P.C.
If you are worried that you cannot prove that your injury was the result of work-related actions, or you don’t understand the process, speak with our New Jersey work injury lawyers immediately.