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Work Injury Lawyers Newark Work Injury Lawyer Newark

Thanks to the progression of technology, many companies allow their workers to complete tasks at home. While this can present some advantages to both the employers and the employees, serious accidents can occur while the workers are at home but on the clock. If you have been injured while working at home, there are several steps you can take to ensure your rights as an employee are met and that you are properly compensated. However, getting compensated for “work at home” injuries can be a tricky business. As a result, it’s important to speak with the Newark work injury lawyers at Rispoli & Borneo P.C. as soon as you can to better ensure that your legal options remain preserved and your rights remain protected moving forward. 

Table Of Contents:

  1. Report the Injury  

You may believe because your injury happened when you were away from your workplace that you do not have coverage under your employer’s workers’ compensation insurance. However, if you were hurt performing a task for your job and were considered to be on the clock, you may qualify for compensation. Reporting the incident to your manager right away can help build the proof you’ll need to obtain your benefits. If you’re hesitant to report your accident because you’re concerned about retaliation or other repercussions, consider speaking with your Newark work injury lawyers first and reporting your accident after you’ve received some guidance. 

  1. Ask for the Required Paperwork 

Even if you report being injured while working from home, your employer may not be proactive about assisting you with a workers’ compensation case. It is therefore wise to visit the main office of your employer and ask for the required paperwork. Your company’s human resource director might be able to help you complete these forms. If you were injured badly and cannot travel, ask a close friend or family member to pick up these forms for you.

  1. Document Your Medical Procedures 

It is important to keep documentation of any medical procedures you have as a result of your at-home work injury, especially if you had to visit a hospital or urgent care center right away. For example, if you work from home as a data entry clerk and you developed carpal tunnel syndrome in your wrists that caused sudden and serious pain and required immediate medical attention, ask your doctor for a detailed documentation of your visit. The more proof you can offer your employer, the better the chances workers’ compensation insurance will cover your medical bills and missed wages. If you aren’t sure what kinds of records to ask for, your Newark work injury lawyers can clarify this for you. 

  1. Contact a Lawyer 

If your employer denies you coverage for your at-home work injury, contacting your Newark work injury lawyers can help you challenge the decision and better understand the laws of workers’ compensation as practiced in your state. These guidelines can vary, but presenting your case to a lawyer could be an important step in gaining the compensation you seek.

Most employers are required by law to carry workers’ compensation insurance. It covers their employees in the event of a work-related injury or occupational illness. As a result, the employer does not need to pay for the workers’ lost wages and medical expenses out of business revenue and are less likely to face a lawsuit in the wake of a work-related injury. Nevertheless, there are quite a few exceptions to eligibility for workers’ compensation benefits. Just because most employers are required to maintain coverage doesn’t mean all workers are entitled to the benefits of that generalized coverage. As a result, it’s generally a good idea to speak with experienced Newark work injury lawyers after you’ve been hurt on the job. By speaking with the experienced team at Rispoli & Borneo P.C. about your eligibility and your options, you will be in a better position to make an informed decision about filing a workers’ compensation claim or seeking alternative legal solutions to your situation. 

Independent Contractors

Independent contractors perform work and collect pay, but they are not employees of the companies that they labor for. Rather, they are regarded as business associates or freelancers. Because independent contractors have a different status than employees, they usually do not qualify for employee benefits, including eligibility for workers’ compensation.

However, there can be some genuine confusion over whether a worker should be classified as an independent contractor or an employee. Sometimes the employer creates this confusion by intentionally misclassifying employees as independent contractors in an attempt to avoid providing the workers the benefits they deserve. As a result, it’s a good idea to speak with Newark work injury lawyers if you’re hurt while working as an independent contractor, as you might be misclassified and entitled to benefits after all. 

Employees of Small Companies

This requirement varies by state. The laws of most states require that workers’ compensation insurance must be maintained if the company employs at least one person. However, some states forgo this requirement for companies with only a handful of employees on their regular payroll. In some states, two or more employees are enough to require workers’ compensation coverage, while in others, there must be at least five. If the company you work for is small and you’re unsure of whether you’re entitled to workers’ compensation benefits by law, please speak with experienced Newark work injury lawyers about your situation. 

Sole Proprietors

Basically, sole proprietors are people who own and operate their own business without any distinction between the two for tax purposes. A sole proprietor may or may not hire employees. If a sole proprietor has no employees, he or she is not required to have workers’ compensation coverage nor eligible to claim work comp benefits.

Workers in Specific Industries

Domestic workers, i.e., those who work cleaning houses or caring for children, are generally not eligible for workers’ compensation under most state laws. Neither are many farm, ranch, or agricultural workers.

Some workers are eligible to receive compensation under separate systems that apply specifically to their industry. Longshoremen can receive benefits under the Longshore and Harbor Workers’ Act, while the Federal Employers’ Liability Act covers railroad employees. Though not confined to a single industry, employees of the federal government are covered by the Federal Employee’s Compensation Act.

If you’re not sure whether you are eligible for workers’ compensation, it never hurts to ask. Please allow our Newark work injury lawyers to answer your questions regarding your eligibility for benefits and/or alternative forms of compensation. 

When Should You Report Your Workplace Injury?

Any time someone is injured on the job, it’s important they report their injury as soon as it makes sense to do so. There are certain deadlines that each state imposes related to seeking compensation for work-related injuries, making it essential that you know what the deadlines are in the state where you live and work. For example, California allows only 30 days from the time of the accident, while Michigan allows 90. Other states simply require that the injury gets reported as soon as possible. If you’ve been injured on the job, please don’t wait to speak with an experienced Newark work injury lawyer. Whether you were harmed while working in New Jersey, New York, or elsewhere, the team at Rispoli & Borneo P.C. can help you navigate your options. This is true regardless of whether you told your employer about your accident right away or you are hesitating to report it because you fear retaliation or some other negative consequence potentially associated with coming forward. 

What If You Report Too Late?

If you don’t report your injury by the deadline required in your state, you could have certain benefits denied, if not all workers’ compensation benefits. Again, each state deals with this situation differently. For example, in Colorado, injured workers have four days to report their injuries. For each day after that four that they are late in reporting, a day of benefits is generally lost.

There are other circumstances in which you could be excused from reporting your injury late and could still receive compensation. Some examples include:

  • When your boss or supervisor witnessed the actual accident, or should have otherwise been aware of it without your report.
  • When you are in a coma or otherwise incapacitated and are physically or mentally unable to make the report.
  • When your employer doesn’t incur any harm by you failing to make the report.
  • When your workplace doesn’t have a workers’ compensation notice posted where everyone can easily see it.

With that said, you don’t want to “count on” exceptions to the rule. If you’ve been hurt at work, even if you don’t want to tell your employer yet or report your accident formally yet, speak with a Newark work injury lawyer to preserve your options for later.

What If You’re Unsure?

If you’re unsure whether your report is late, you can speak with your employer, the insurance company or a Newark work injury lawyer. There may be some possibilities for you to still receive compensation, even if you miss the deadline. For example, if your back was injured during the course of employment, and you let it go for 20 days beyond the initial injury, you might think you’re just out of luck. If your job requires heavy lifting, and you have been doing that since your original injury, it’s possible you have aggravated the injury. You may be able to file a claim to receive coverage for the expenses of the aggravated injury.

Contacting a Lawyer to Walk You Through the Process

When you receive a workplace injury, the dos and don’ts can get confusing. Instead of trying to navigate the system on your own, it could help to have a lawyer by your side. Contact a Newark work injury lawyer today for answers to your questions or to get started with the process of obtaining your benefits, if you’re ready to do that now.

Are Some Jobs More Dangerous Than Others?

As a Newark, New Jersey work injury lawyer can attest, injuries can arise in any work environment. However, some jobs are more susceptible to workplace injuries than others. The United States Census, Department of Labor, the Occupational Safety and Health Administration, and the Centers for Disease Control and Prevention collected data to determine the most dangerous jobs in the country. The following are the results and reveal how dangerous certain occupations are.

If you have been injured on the job, contact Rispoli & Borneo, P.C. to find out how a Newark work injury lawyer from our firm help you get the financial compensation and benefits you may be entitled to under New Jersey’s workers’ compensation laws.

Let’s take a closer look at what these jobs are.

  1. Construction Workers

Construction workers perform physically demanding jobs and often work at significant heights or outdoors in extreme weather conditions. Falls, being struck by objections, and electrocutions account for most of the injuries and fatalities among construction workers.

  2. Agricultural Workers

Unfortunately, farm-related injuries are common. The heavy machinery and defective motor vehicles like tractors that agricultural workers use often lead to serious injuries.

    3.Truck Drivers

Although truck drivers are limited to the number of hours they can drive per shift, many disregard truck driver rules and regulations and work longer than they should. This results in fatigued driving and injuries.

   4.Power Workers

Power workers are responsible for installing and repairing electrical cables and wires. Since they are regularly towering heights and working with electricity, they suffer from more injuries and fatalities than police officers and firemen combined.

  5. Fishermen

Professional fishermen are exposed to the dangers of working in open water.  A vessel problem, onboard injury, and falling overboard can all lead to fatalities, making it important for fishermen to practice drills often.

  6. Roofers

Burns, equipment injuries, and falling from heights are all common threats that roofers face every time they are on the job. Roofers should be mindful of the weather and always wear safety equipment when performing work.

   7.Aircraft Pilots

Takeoff and landing can be particularly dangerous for pilots, especially those who fly private planes. Since private planes are usually poorly maintained when compared to commercial planes, private aircraft pilots should ensure their planes are in tip-top shape before flying.

  8. Logging Workers

New home construction is more popular today than ever before. That’s why the death rate for loggers has significantly increased. Inexperienced loggers are prone to accidents.

When you are looking for Newark work injury lawyers, you should consider Rispoli & Borneo, P.C. Guided by years of hands on experience and a tenacious will to fight for our clients rights, our law firm has established a solid, results-proven reputation to be proud of.

When it comes to workers’ compensation, you may have other options aside from filing a claim on your own. While this certainly does not always hold true, there are often more legal areas to pursue, especially when a third party is involved. Likewise, it is important to understand what workers’ compensation covers, how the system works, and why work injury lawyers in Newark NJ may be essential in order to receive maximum compensation.

Rispoli & Borneo, P.C. works hard to effectively represent your claim and ensure you get what you deserve which may include filing a workers’ compensation claim as well as instituting further legal actions when applicable. To speak with Newark work injury lawyers about your situation, please call us now.

Workplace Injuries and Illnesses

Reasons for filing a workers’ compensation claim or lawsuit can vary and may include one or some of the following. This list is not exhaustive, but should help you to understand what may be legally applicable in New Jersey.

Physical Injuries:

  • Carpal tunnel
  • Back injury
  • Spinal cord Injury
  • Loss of minor, secondary, or major body part
  • Head injury
  • Traumatic brain injury
  • Burns, sprains, or broken bones
  • Paralysis

Medical Conditions:

  • Respiratory problems (i.e. black lung or asthma)
  • Nervous system (i.e. seizures)
  • Cardiovascular (i.e. heart attack
  • Bone (i.e. bone spurs)
  • Surgery
  • Cancer

Mental or Psychological Conditions:

  • Severe depression (i.e. due to working conditions)
  • PTSD
  • Cognitive impairment
  • Dementia (i.e. from exposure to hazardous toxins)

Due to the many factors of each person’s condition, it is recommended to seek counsel from Newark work injury lawyers who understand the laws, rules, and loopholes. If you have a claim, a lawyer may seek damages to cover your medical bills, lost wages, physical and emotional pain, and more. Should you be the loved one of someone who died while on the job, you may have a valid wrongful death claim. Please call Rispoli & Borneo, P.C. to find out what your legal options may be.

What to Do After You Have Been Injured at Work

A Newark work injury attorney at Rispoli & Borneo P.C. may review your case and walk you through the steps of filing a workers compensation claim. Under certain circumstances, it might be necessary to file a lawsuit.
  1. Report the injury to your employer or supervisor. Even if the injury does not seem serious, you need to report it. There are several reasons for this:
  2. The injury may be more serious than you originally thought. If it’s not reported, then you will probably not qualify for workers compensation.
  3. Whatever caused your injury could still be a danger to somebody else. If it’s not reported, that problem may not get addressed before someone else is injured.
  4. If the injury prevents you from being able to work, or to work at your normal capacity, you want it documented so that your job security is protected and you can earn wages even while not working. Your Newark work injury attorney may advise you as to what benefits you may qualify for.
  5. Your private health insurance will probably not cover work-related injuries, and without reporting the injury at work, workers compensation won’t cover it either.
  6. If you don’t report the injury, your employer can deny that the accident happened at work, or that it happened at all.
  7. Some employers set strict guidelines around work injuries and reporting times. If you don’t report it on time you may receive a suspension without pay or a reprimand.
  8. Write down what happened. This is important to do right away while the details are fresh in your mind. A work injury attorney Newark employees trust will need to see your notes.
  9. Include when and where you reported the injury to your employer or supervisor. If you had a witness to your reporting of the injury include that person’s name and contact information.
  10. If you belong to a union, report the injury to your representative immediately, in addition to telling your employer or supervisor. Giving them a copy of your written notes may also be helpful.
  11. In your notes, include the exact location of the accident, what led up to the accident, who was there, etc.
  12. Sign and date the bottom of the notes.
  13. Request witnesses to the accident write down what happened. This is also important to do right away and for the same reason. Ask that they include the same level of detail as you did in your notes. Also be sure that they include their contact information in addition to signing and dating their account of the accident. Provide a copy of the witness’ statements to your Newark work injury attorney

When an injury occurs on the job, you may need the help of Newark work injury attorneys Rispoli & Borneo to recover your damages. If a workers’ compensation claim is not sufficient to cover your accident-related costs, call us to find out how our legal team may be able to assist you.

Not all work injury attorneys in Newark have the needed experience to pursue lawsuits against large companies or corporations. The attorneys of Rispoli & Borneo have been very successful in litigating even the most complex cases. Call our office today to make an appointment with one of our lawyers to review your case at no charge. If you may be facing legal action against your employer, you might find the following information helpful.

Workers’ compensation is intended to cover your accident-related costs, including lost wages, but this can be problematic for several reasons. It may become necessary to hire Newark work injury attorneys to help you recover your damages under any of the following circumstances:

  • The workers compensation package is not reasonably close to your actual accident costs.
  • Your employer interferes with your claim to make sure it’s denied.
  • Your employer’s workers’ compensation insurance agency denies your claim.
  • Payment to you is significantly delayed with no resolution in sight.
  • Should I file a workers compensation claim or a lawsuit?

With rare exceptions, it’s not possible to accept workers’ compensation, and also file a lawsuit against your employer. Therefore, in most instances, you must decide between the two options. After a careful review of your case, Newark work injury attorneys can recommend what they believe to be your best choice. However, the decision will ultimately be up to you.

The Benefits of Accepting a Workers’ Compensation Settlement

Though there are downsides to accepting a settlement, there are also advantages, which vary according to each case. Here are some reasons why many injured workers decide to accept a settlement:

  • Workers’ compensation provides immediate medical benefits and monetary payments for as long as you qualify.
  • Your employer will be responsible for paying most of the claim’s medical care expenses.
  • If you lose work or suffer permanent disability as a result of your injury, you may qualify for lost wages and permanent disability payments.
  • You can avoid the cost, time, and frustration of a lengthy trial that you could lose, or that may result in an award not sufficient to cover your original injury costs.
  • Filing a Lawsuit in Civil Court

In most cases, it’s not legally permissible to take your employer to court. When you consult with Newark work injury attorneys, they may be able to tell you if your case qualifies for a potential lawsuit. In most instances, employees file a lawsuit against their employer after a workplace injury under these circumstances:

Your employer harmed you purposely and intended to cause you pain. This is different from acting negligently or carelessly.
Your employer has an insufficient amount of workers’ compensation coverage to pay your accident damages. Your damages will have to be documented. In addition, after hiring work injury attorneys Newark employees trust, your attorney will have to prove your costs are justified.

When you need the help of experienced Newark work injury attorneys, call us today at Rispoli & Borneo for a no-obligation free case review.

Get Started With Your Complimentary Workplace Injury Claim Evaluation

At Rispoli & Borneo, P.C. we are determined to get justice for our clients, especially when they were unexpectedly harmed while working to support themselves and their loved ones. Your consultation is free. If we believe you have a claim, we may offer to fight on your behalf based upon contingency. This means you only pay if we win. To schedule a consultation with Newark work injury lawyers, please call (908) 768-3884.

The legal firm of Rispoli & Borneo, P.C. has successfully represented many work injury cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

Contact a Newark Work Injury Lawyer for Help

If you suffer from any workplace injury, we encourage you to reach out to a work injury lawyer Newark clients recommend from Rispoli & Borneo, P.C. We can explain your legal options and assist you in filing a workers’ compensation claim so you can pay for your medical bills and lost wages.