Workers’ compensation seems to be pretty straightforward, right? You get injured at work and if your employer offers workers compensation benefits, you submit your bills and get reimbursed. However, as a New Jersey work accident lawyer understands, there are a lot of aspects of workers compensation that you may be unfamiliar with. Here are five things you may not know about workers’ compensation.
- Off-site functions are considered company property.
The workplace isn’t just the physical address of the corporate office. Workers’ compensation would cover an injury while you are on company property, such as slipping and falling in the breakroom or pulling a muscle when lifting a heavy object at a construction site. Workers’ compensation will also cover any injury that occurs at an off-site, work-sanctioned event. This includes off-site business meetings, business trips, lunch with clients, the annual holiday party, etc.
- You can file a workers compensation claim for an injury in your home office.
In 2011, a judge ruled in favor of a woman filing for workers’ compensation after tripping over her dog while she was working from her home office. Just because you work from home doesn’t mean you have to forfeit workers compensation benefits. If your employer has allowed for you to telecommute in your specified home office, then any injuries that take place in that space are eligible for workers compensation benefits. A work accident lawyer in New Jersey can evaluate your case and explain what your legal options are.
- File your claim within the first 30 days.
Most states have deadlines for when you must submit your workers’ compensation claim in order to be eligible for benefits. This deadline is typically 30 days after the injury occurs — some states have deadlines as short as a few days while others have deadlines up to a year so make sure you look up the deadlines for your state. If you miss the deadline for filing a claim, you could increase your chances of the insurance company denying it.
- You can’t be fired for filing a workers compensation claim.
Your employer can’t legally fire you solely on the basis of filing a workers compensation claim. This is considered retaliation and it is discriminatory. However, some states require very little reasoning for firing an employee – they can fire anyone “at will” – so if you are worried about being discriminated against for filing a claim, you should reach out to a New Jersey work accident lawyer.
- You’re entitled to an independent doctor at any time.
While your insurance company legally has a say in who your doctor will be, you still have the right to obtain a second opinion if you believe you aren’t receiving proper treatment. These doctors are called I.M.E.s, Independent Medical Examiners and you or your attorney have to request an I.M.E. in writing to the insurance adjuster in order to be granted a second opinion.
If you’ve been injured while at work, it’s important to know what types of situations and injuries qualify for workers compensation benefits so you can be sure to receive any necessary reimbursements. If at any time you have questions about your claim or if for any reason your claim is denied, you should consider seeking legal advice on how to proceed with your case.
What to Expect During Your First Meeting With a New Jersey Work Accident Lawyer
During your initial consultation with a work accident lawyer, he or she may ask you several questions about your work history and how the accident happened. Be sure to include every detail about the accident, such as when it happened and the conditions of the workplace. If you have any documents related to your accident, such as your medical bills or letters you received from the Workers Compensation Board, bring them with you to the meeting.
A work accident lawyer will also give you a chance to ask questions. For example, you may want to find out how many work accident cases he or she has handled in the past and how they plan to tackle your case.
At Rispoli & Borneo P.C., we work on a contingency basis so you do not have to worry about paying us anything up front. If you don’t win your case, you won’t owe us anything.
If you are looking for a New Jersey work accident lawyer, contact Rispoli & Borneo P.C. today.