A Workers Comp Lawyer Asbury Park Depends on Explains Workers’ Compensation
A situation in which you have been injured at work can escalate quickly to become a contentious and stressful situation. While this may not always be the case, it may be beneficial to employ Rispoli & Borneo P.C. when faced with potential complications. For someone not well versed in all things worker’s comp, the process can seem rather confusing. Making sure that you have basic knowledge of what you should expect will be important when navigating this territory.
There are a number of injuries employees may face depending on their line of work. When all goes smoothly, workers’ compensation can provide support to employees until they are able to get back on their feet. However, sometimes, more serious injuries can up the ante. Each Asbury Park workers comp lawyer from our firm has the experience and confidence needed to manage the complexities of your workers’ compensation case.
Common Injuries
Injuries that require the assistance of workers’ compensation can vary in severity. Some may be easily treatable while others may require more long-term care. Injuries from an accident may result in a number of outcomes. Reporting your injury and seeking medical treatment is an important initial step when one of the following injuries is sustained:
- Traumatic brain injuries
- Repetitive motion injuries (ie. carpal tunnel syndrome, tendonitis)
- Broken bones
- Sprains
- Loss of limb
- Back injuries
There are a number of reasons employees may want to contact Rispoli & Borneo P.C. Even if you seem to have a clear case for workers’ compensation, it doesn’t hurt to have a workers comp lawyer review your situation.
Benefits
Workers’ compensation provides benefits to people who have been injured while at work. This program was put in place to mutually benefit both employers and employees. It allows employees to access benefits following an injury. Employers benefit in that they are protected from potential financial ruin. When an employee accepts workers’ compensation benefits, they waive their right to file a lawsuit against their employer. Some of the benefits workers’ compensation provides may include:
Lost Wages
In the event that you are unable to continue working following an injury, you may be entitled to collect lost wages. Workers’ compensation can provide employees with a percentage of their salary while they are unable to work. The amount of pay you may be entitled to varies depending on the specifics surrounding your situation.
Medical Treatment
Under workers’ comp, accident sufferers are able to obtain medical benefits for their injuries. Depending on the state, the way this is handled may vary. In the majority of states, employees have the ability to choose their medical provider. In others, your employer has the ability to provide you with a list of doctors that you can seek treatment form. Payment for medical bills is managed by the workers’ comp insurance company and the employer.
Disability
If your injuries resulted in a disability, making you unable to hold the job you once had, you could be entitled to a payout. This often comes in the form of a pension to include a percentage of the pay you once received for the remainder of your life.
Workers’ compensation can be completely overwhelming, especially if your injuries were significant. In more serious cases, some employees lives are forever impacted, included their ability to carry out their job duties.
Rispoli & Borneo P.C. can provide you with the compassion, support, and legal experience you require when faced with such a stressful situation. Contact us today for a complimentary case review with a workers comp lawyer Asbury Park clients recommend. We may be able to determine the best way to face your workers’ compensation case.
As our Asbury Park Workers Compensation Lawyers from Rispoli and Borneo, P.C. can explain to clients, in most states, employers are required by law to carry workers’ compensation insurance. If you experience a work-related injury, your employer may be required to pay some or all of your regular wages while you are recovering, as well as some other accommodations. Whether your employer will pay your workers’ compensation through insurance depends on whether your claim is successful.
Typically, your employer does not actually handle the process of your workers’ compensation claim or the payout of benefits. Your employer pays an insurance provider to handle these details. This means that the actual checks for your workers’ compensation will probably not be signed by your employer. Below are some factors that impact the success of workers’ compensation claims.
Injuries Must Be Work-Related
When you discuss your workers’ compensation claim with an attorney, you will hear the legal phrases “in the course of” and “arising from.” These terms define how you will need to prove that your injury is work-related. “In the course of” means that the injury occurred during your working time. “Arising from” means the injury happened while performing work-related tasks. Any workplace injury must meet these criteria to be eligible for a workers’ compensation claim.
One part of the process that your employer does handle is developing strategies to keep premium costs low. The cost of workers’ compensation insurance for employers is lower if they are able to keep premium costs down, so employers have incentive to keep working conditions safe. This is why you will usually read guidance on safe procedures, attend safety training, and be required to follow safety procedures at work. Some other considerations our Workers Compensation Lawyers in Asbury Park can review with you in determining if your injury is work-related include:
- In some states, work-related injuries are covered even if you were disregarding safety rules.
- If alcohol contributed to an injury when the drinks were provided at a work-sponsored event, your claim may be covered.
- If your pre-existing condition worsened on the job, this is often considered work-related.
- If a mental condition is sustained in the course of your job, or arising from your job, this will usually be considered to be work-related just like a physical injury.
- Independent contractors typically are not covered for workers’ compensation, but they may have some contractual mandates.
Workers’ Compensation Requirements Vary By State
While most states require workers’ compensation and even penalize employers who do not carry it, the specific laws and requirements for the workers’ compensation process vary by state. If you experienced an injury that may be work-related, your first steps are always to get the medical attention you need and notify your supervisor. Because it is often not simple to determine all factors of a work-related injury, consider seeking guidance from our Lawyers for Asbury Park Workers Compensation at Rispoli and Borneo, P.C.
You need a Workers’ Comp Attorney Asbury Park can Trust
The Asbury Park workers compensation attorneys at Rispoli & Borneo, PC are well versed in the rules that govern payment of medical and temporary benefits under the New Jersey Workers’ Compensation system. If all of the benefits owed to an injured worker are not paid in full, the attorneys at Rispoli & Borneo, PC can file a Motion for Medical and Temporary Benefits to force the insurance company to provide all of the benefits afforded under the law. The attorneys at Rispoli & Borneo, PC have negotiated Permanent Disability Benefits (settlements) on behalf of hundreds of clients.
The New Jersey Workers’ Compensation law allows an injured worker to re-open a claim and seek additional treatment and/or additional compensation. An injured worker has two years to file a re-opener claim. The two year time period begins to run when the insurance company issues the final settlement check. If you were injured and settled your claim within the last two years, the experienced workers compensation attorneys at Rispoli & Borneo, PC may be able to file an Application for Review and Modification of Prior Award in an effort to obtain additional benefits. Most often these benefits include additional treatment and additional compensation for the work-related injury.
Contact Rispoli & Borneo, P.C. today for a free initial consultation.