A work accident attorney New Jersey residents trust understands that many people who are injured at work often are unsure of what they should do and what steps they should take first. At Rispoli & Borneo, P.C., we’re proud to give our clients a New Jersey work accident attorney who can provide trustworthy counsel in this area.
The first thing you should do is report the incident to your employer, even if you feel that your injury may only be a minor one. It is not uncommon for symptoms of serious injuries – such as a back injury – to show up days, or even weeks, after the actual accident occurred. If for some reason you did not report your injury to your employer immediately, make sure to send a written report to your employer as soon as you are able.
A work accident attorney New Jersey clients depend on may also advise you that some employers – in an attempt to get out of liability for a work injury – may tell you that you cannot report an injury if more than 24 hours have passed since you were injured. Under New Jersey law, an employee has 90 days to report his or her injury to their employer. Keep in mind that you may report any work-related injuries to your employer, regardless of how much time has passed since the accident.
The next step a work accident attorney in New Jersey may recommend is to seek medical treatment right away for your injury. The longer you wait, the more damage may occur. Not only it is important for you to obtain medical care for your injury, but it may also be critical to your work injury case that you have the injury documented as soon as possible.
What Workers’ Comp Is
Workers’ comp is exactly what it sounds like. If someone is injured while working, workers’ comp will compensate for many expenses related to the injury. However, in order to qualify for workers’ comp, there are generally two requirements that must be met:
- The injury must be work-related
- The injured worker must be an employee of a company required to have this coverage
Let’s examine these two requirements closer, one at a time. First, the injury must be work-related. This means the injury must have resulted on the job. Typically, the injured worker needs to be working at the time of the injury, but workers who are on break and injured as a result of co-workers’ work-related actions may still qualify. No matter how the injury happened, the most important aspect is whether the actions that lead to it were done in the interest of the business or not. Again, there are exceptions to this rule. For example, you may be able to work with a New Jersey work accident lawyer to receive benefits even if you sustained an injury during a car accident on the way to work, provided you were running an errand for your boss at the time, even though you weren’t on the clock.
The second requirement is simpler. There are multiple classifications a worker can have, such as volunteer, independent contractor, and freelancer. However, workers’ comp only applies to employees. The easiest way to tell if you are an employee is to look at your paychecks. If a portion of your paychecks are withheld for tax reasons, then you are an employee. It’s worth noting that many independent contractors are misclassified and should be treated as employees. If this situation applies to you, a New Jersey work accident lawyer can help you evaluate your legal options.
What Workers’ Comp Covers
Workers’ comp covers many financial expenses resulting from the injury. This includes:
- Hospital bills
- Missed wages
- Miscellaneous purchases
Workers’ comp does not provide compensation for any non-financial losses. For example, you cannot be compensated for the pain and suffering you had to endure when injured or during the following medical procedures. To be compensated, a loss needs to have an exact dollar value associated with it, such as a $500 hospital bill or a $100 wheelchair. The first thing you should do if you suspect you might not receive workers’ comp for your work injury is to contact a New Jersey work accident lawyer to preserve your legal options and explore them in turn.
Will I Qualify for Workers’ Compensation?
Once you have notified your employer of your work accident injury, they are required to notify their workers’ compensation insurance carrier. The insurance carrier will submit a first report of injury form to the New Jersey Division of Workers’ Compensation. This now opens your claim.
A work accident attorney New Jersey accident victims rely on knows that New Jersey law requires workers’ compensation insurance to cover an injured worker’s medical expenses. For temporary disability, the insurance company is also required to pay the worker 70 percent of their gross wages for each week they are unable to work.
Depending on the severity of your injuries, and if there are any long-term or permanent disabilities associated with the injury, there may be other benefits you are entitled to. These include financial compensation for these disabilities, such as disfigurement, scarring, or loss of function of the injured body part. You may also be entitled to dependent benefits or vocational rehabilitation benefits.
Get the Help You Need For Your Workplace Injuries!
When you suspect that you have a workers’ compensation claim but are unsure of what to do next, you should know when the circumstances call for hiring a work accident attorney New Jersey workers rely on. We understand that many times you do not want to make a big deal out of nothing. Perhaps you really were not that seriously injured (some events do not even call for a workers’ compensation claim to be filed) or maybe you think you can easily handle your workers’ compensation claim. However, it is important to understand what a NJ work accident attorney can do for you. While no one can guarantee a “win,” we can help you with your claim and ensure all procedures are followed. Call us to see what else we can do for you.
Why is it important to hire a work accident attorney in New Jersey?
Most people think that they should just handle their workers’ compensation claim themselves. They do not want to bother an attorney with a claim and they can probably get it done on their own time. However, many people do not realize the types of deadlines they are under when filing workers’ compensation claims and how much an attorney can help them. If you are considering working with an attorney, you should speak with them as quickly as possible so they can begin preparing documents and gathering evidence.
Can a New Jersey work accident attorney help me with insurance agents?
Absolutely. We understand that insurance agents can be frustrating. In fact, they want you to believe they are trying to be as helpful as possible when it comes to getting your workers’ compensation benefits. They may propose a number that sounds good to you but you realize part of the way through your recovery it will not come close to covering your medical expenses or lost wages. This is why a trusted New Jersey work accident attorney can ensure insurance agents do not trick you into settling for a lowball offer.
What if my initial claim was denied?
It may feel like the end of the road, but our New Jersey work accident attorney knows that a denied claim does not have to be the end. If your claim was denied, we can work hard to appeal your claim and show why you deserve workers’ compensation benefits for your on-the-job injury.
Allow a Work Accident Attorney New Jersey Trusts To Advocate for You
Injured workers who try to navigate through the workers’ compensation system on their own often find it to be very confusing and complex. Without a New Jersey work accident attorney advocating for you, the insurance company may take advantage of your unfamiliarity with the system. Some insurers could try to pressure you into accepting a lesser benefit amount than you are entitled to or might try to pressure you to return to work before you are sufficiently healed. In some cases, they may try to deny your claim completely.
If you have been injured at work, the skilled attorneys at Rispoli & Borneo, P.C. are available to discuss the details of your case and how they may be able to assist you. Contact a trusted work accident attorney New Jersey can provide at 908-768-3884 today.
Work Accident Attorney New Jersey 
You are more likely to get a higher settlement if you use a work accident attorney New Jersey. The workers’ compensation lawyers from Rispoli & Borneo P.C. understand the law, have years of experience in negotiating these types of claims and have various professional tools at their disposal that can help you get the settlement you deserve. Call today for a consultation with one of our work accident attorney New Jersey.
If you are looking to get workers’ compensation and your case suddenly becomes complicated due to the severity of your injuries or the actions of your employers, you may want to contact a work accident attorney New Jersey.
Here are a few examples of such moments:
- Your workers’ compensation claim is denied. Insurance companies may deny your claim for a few reasons. Maybe they argue that you filed your claim too late to ask for workers’ compensation. Maybe they argue that your injuries weren’t work-related at all. No matter the argument, you can appeal the denial through the workers’ compensation system with the help of a workers’ compensation lawyer from Rispoli & Borneo P.C. who can file the proper paperwork, gather evidence and present your appeal at a hearing.
- You have a preexisting injury. Like many insurance claims, a preexisting injury can affect your coverage. If you have a preexisting injury or condition that involves the same body part that you injured in your work-related accident, the insurance company will likely fight you on your compensation demands. They may blame your injury on your previous condition rather than your work experience.
- You are having trouble getting the medical treatment that you need. If the insurance company delays you from getting effective treatment, even at times as drastic as surgery, a workers’ compensation lawyer can help by putting pressure on the insurance company and advocating for your treatments.
- You are unable to go back to work or unable to work at the rate that you previously were. If you’re not able to return to work because of your workplace injury, it is important that you negotiate a claim that will maximize your benefits and make them last into the future.
- If the insurance company does not agree with your permanent disability rating. If the insurance company does not agree with the disability rating that your doctor signed, they may have you visit a doctor that they have chosen who will often give you a lower rating. A lawyer can prove that you are entitled to the higher rating.
- You are receiving Social Security. If you are already receiving benefits from Social Security Disability Insurance, they may be reduced if you also receive workers’ compensation. A work injury attorney New Jersey can assist you in this tricky process.
- You are having a workers’ compensation hearing. If you are unable to settle with the insurance company on a number that accurately represents your injuries and experiences, you may need to prove the case at a hearing. A lawyer from Rispoli & Borneo P.C. is experienced with these hearings and can assist you.
It is imperative that you are able to get assistance from an experienced work injury attorney New Jersey in order to be compensated for any injuries, medical bills or lost income. Call Rispoli & Borneo P.C. to set up a consultation today with one of our associates.
Work Accident Infographic
New Jersey Work Accident Laws
An accident on the job can seriously affect your life – all the more reason to get in touch with a New Jersey work accident lawyer from our office as soon as possible.
Navigating New Jersey Work Accident Laws
In New Jersey, workplace accidents are governed by a set of laws designed to protect employees and employers alike. Understanding these laws is crucial for anyone affected by a work-related injury. Our team of experienced accident attorneys is well-versed in the nuances of these laws, ensuring that our clients receive the representation and guidance they need.
Workers’ Compensation In New Jersey
New Jersey’s workers’ compensation system is a no-fault insurance program that provides benefits to employees who suffer job-related injuries or illnesses. This system ensures that injured workers receive medical treatment, wage replacement, and permanent disability compensation, regardless of who was at fault for the accident. Employers are required by law to have workers’ compensation insurance, and in return, they are protected from most lawsuits by injured employees.
Reporting A Workplace Injury
In New Jersey, employees must report a work-related injury to their employer as soon as possible. The law allows up to 90 days to report an injury, but delaying can complicate the claims process. Once reported, the employer must notify their workers’ compensation insurance carrier, which then begins the process of evaluating the claim. A New Jersey work accident attorney from our office can assist in ensuring that your injury is properly reported and documented.
Seeking Medical Treatment
After a workplace injury, employees have the right to receive medical treatment. However, in New Jersey, the employer or their insurance carrier generally has the right to select the healthcare provider. It’s important for injured workers to follow the prescribed treatment and keep detailed records of their medical care, as this documentation is crucial for their workers’ compensation claim.
Disability Benefits
If a work-related injury or illness results in temporary or permanent disability, New Jersey law provides for compensation. Temporary disability benefits are available for those who are unable to work for more than seven days, covering a portion of their lost wages. For permanent disabilities, benefits are calculated based on the severity and impact of the disability.
Appealing A Denied Workers’ Compensation Claim
If a workers’ compensation claim is denied, employees have the right to appeal the decision. This process can be complex and may involve hearings before a workers’ compensation judge. Awork accident attorney from our office can provide invaluable assistance in navigating the appeals process, presenting evidence, and advocating on your behalf.
Advocates For Workplace Injury Victims
At Rispoli & Borneo P.C., we understand the challenges faced by those injured on the job. As experienced accident attorneys, we are committed to helping our clients navigate the workers’ compensation system and secure the benefits they deserve.
If you or a loved one has suffered a workplace injury in New Jersey, we encourage you to contact us. Get in touch with our team today, and see how a New Jersey work accident attorney from our office can help you get the closure and compensation that you deserve.
Questions Often Asked About Work Accidents
Suffering an injury at work can be a distressing and confusing experience. It’s not just about the physical pain and recovery; it’s also about understanding your rights and the complexities of workplace injury law. A work accident attorney from our firm is here to guide you through every step, ensuring you receive the support and compensation you deserve.
What Should I Do Immediately After An Injury At Work?
Immediately seek medical attention, even for minor injuries. Report the incident to your employer as soon as possible and document everything about the accident, including any witness statements.
Am I Entitled To Compensation For A Workplace Injury?
Yes, most employees are entitled to workers’ compensation benefits. These benefits can cover medical expenses, lost wages, and rehabilitation costs. However, navigating workers’ compensation claims can be complex, and having an experienced attorney can be crucial.
Can I Sue My Employer For A Workplace Injury?
Workers’ compensation laws generally prevent you from suing your employer. However, there may be exceptions, especially if the injury resulted from gross negligence or intentional acts. It’s important to discuss your case with a work accident attorney to understand your options.
How Long Do I Have To File A Claim?
Time limits vary by state, but it’s important to act quickly. Delaying could jeopardize your ability to receive benefits. Our team can help you understand the specific timeframes applicable to your case.
What If My Claim Is Denied?
Denials are not uncommon, but they are not the final word. There are steps we can take to appeal the decision, including gathering additional evidence and presenting a stronger case on your behalf.
Building A Strong Case For You
Our approach is thorough and detail-oriented. We gather all necessary evidence, including medical records, witness statements, and expert opinions. We aim to build the strongest possible case to ensure you receive fair compensation. It is always crucial to have an experienced work accident attorney on your side to ensure you have representation from someone who fully understands the potential costs of your injuries.
We understand that this is more than just a legal issue – it’s about your life, your health, and your future. We’re not just your attorneys; we’re your partners in this journey. We’ll work tirelessly to protect your rights and interests.
The 5 Steps to Take When Injured on a Job Site
Working on a construction site, or any other job site, can be risky. You are constantly surrounded by heavy machinery and a dangerous work environment. While there are rules for workplace safety, accidents do happen, and when they do occur, it is necessary to be prepared to handle the situation in a calm and direct manner. Therefore, when an accident happens, it is recommended that you follow these five essential steps to ensure your safety and the safety of your coworkers. If you have any further questions, call a work accident lawyer in New Jersey.
Get to Safety
The first thing you need to do after an accident is to find a safe place to assess your injuries. While you might be safe in the area where the accident occurred, it is better to gather yourself and move to a space free of debris and other potential risks. The only way you should stay where you are at, is when you are seriously injured or if movement could make your injuries worse.
Seek Treatment
Once you are clear of any further danger, seek medical treatment. If you are okay to walk, then get up and seek medical treatment either from a nurse’s station or the hospital. However, if you cannot walk, contact 911 and request transportation to the local hospital. It should be noted, that even if 911 is not called, getting medical attention must be a priority.
Notify Management
Once you know that you are okay to move, or after you have received treatment, notify your employer or managerial department of the accident. By informing your employer, you can begin using workers’ compensation to cover medical costs and possibly lost wages.
Photograph and Document the Scene
In order to make a claim, it is essential to document the accident. Therefore, once you have received medical treatment, attempt to go back to the scene and document as possible. Also, if there were any witnesses to the accident, you may want to gather their contact information in case it is needed during an investigation into the cause and liability.
When It May Be Necessary to Hire a New Jersey Work Accident Lawyer
In some cases, you can handle a workers compensation claim on your own. However, if your claim is particularly complex, it may be necessary to hire legal representation. Here are some examples of scenarios in which you might want to contact a work accident lawyer in New Jersey:
- Your Employer Denied Your Claim: Sometimes employers deny workers compensation claims and believe their employees won’t do anything about it. If your claim was rejected, don’t give up. A skilled New Jersey work accident lawyer can help you file an appeal.
- Your Injuries Prevent You from Working: If your injuries are severe enough to keep you from doing your job, you may be able to receive lifetime weekly payments. However, insurance companies might try very hard to prevent paying you what you deserve. A New Jersey work accident lawyer can stand up for your rights and prevent the insurance company from taking advantage of you.
- Your Settlement Offer Doesn’t Cover Your Medical Bills: Just because your employer approved your claim doesn’t necessarily mean that your settlement offer is sufficient. If you still can’t pay all of your medical bills, you may need to contact a work accident lawyer for assistance.
- Your Employer Has Fired You or Cut Your Pay: Some employers become angry when their employees file workers compensation claims and retaliate against them. If your employer has fired you or reduced your pay, he or she has violated your rights and you may need to consult with a New Jersey work accident lawyer.
Let’s Discuss Your Case
If you’ve been injured at work, don’t navigate this challenging time alone. Contact us for a free consultation. Our team is ready to listen, understand, and offer the legal assistance you need. Together, we can work towards a resolution that acknowledges your suffering and aids in your recovery. Let us be your voice and your strength in the legal process. Get in touch today, and let’s take the first step towards your recovery and justice.