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8 Common Questions About Workers’ Comp

comp-box-2Workers’ Compensation provides income replacement and medical treatment when an employee is injured or experiences a work-related illness on the job. Workers’ Compensation in most cases prevent the employee or employer from suing for negligence.

All employers in New Jersey are required to carry Workers’ Compensation insurance, which includes corporations as well as limited liability companies (LLCs) that pay at least one employee for his or her services to the company.

In New Jersey, whenever a worker is injured on the job or acquires an illness that is job related, he or she should contact a Workers’ Compensation Lawyer with offices serving all of New Jersey including Howell, Oakhurst, and Toms River, who can answer common questions about Workers’ Compensation in the state and help you get the workers’ compensation you deserve.

  1. What Happens When an Injury Claim is Filed?

In the event of a work-related injury or accident, the employer or its insurance carrier will investigate your claim to determine if you are eligible to receive workers’ compensation. A Workers’ Compensation Lawyer can help you properly file your claim.

2. Can a Worker Appeal a Workers’ Compensation Denial?

Yes, employees who disagree with a workers’ compensation decision can appeal to the New Jersey Division of Workers’ Compensation.

3. What Types of Benefits can NJ Workers Obtain Through Workers’ Compensation?

Your workers’ compensation benefits will depend on the cause and seriousness of the job-related injury or disease. However, according to the New Jersey Workers Compensation Guidelines, workers may receive lost wages, medical treatment, and death benefits to family survivors of an employee who died due to a job-related accident or illness.

4. When is an Employee Unable to Receive Workers’ Compensation in New Jersey?

Most job-related accidents and injuries are eligible for New Jersey Workers’ Compensation. However, there are some cases that can make an injured or sick employee unable to receive Workers’ Compensation, which may include self-induced or intentional injuries, injuries sustained while being intoxicated or under the influence of drugs, injuries that happen during an attempt to hurt a fellow worker or deliberately ignoring safety rules in the workplace – among others.

5. What is the Waiting Period for Receiving Workers’ Compensation in New Jersey?

In New Jersey, there is a seven-day waiting period before benefits are received. The waiting period starts the first day an injured employee is unable to perform work due to a job-related accident or exposure. Once an employee is out of work for seven days, all payments are retroactive to day one.

6. Can Employees Receive Workers’ Compensation When They Drive to Work Everyday?

Everyday travel to and from the office is usually not covered by workers’ compensation. An accident or work-related injury is usually covered by workers’ compensation when the employee steps on the grounds of the parking lot of the company or a worksite, and ends when the employee leaves for the day.

However, employees whose work requires them to travel between two offices or company sites may be covered by workers’ compensation. Carrier drivers, salespersons, delivery workers, truck drivers, and other employees whose jobs require them to regularly drive throughout the workday on company business are covered by workers’ compensation.

7. Is an Employee’s Job Protected by Workers’ Compensation?

In most cases, NJ workers’ compensation law prevents the firing of a worker in retaliation for filing a workers’ comp claim or appearing before a workers’ compensation benefits hearing. Other laws that protect an employee’s job while he or she receives workers’ compensation benefits include the federal Family & Medical Leave Act (FMLA).

8. Where can Injured NJ Workers Get Legal Help With Workers’ Compensation Matters?

Workers’ compensation benefits and concerns can be complex and difficult to understand. In New Jersey, when a worker is injured on the job or acquires a work-related illness, he or she should contact the experienced workers’ compensation lawyers at Schibell Law with offices in Howell, Oakhurst, and Toms River.

The workers’ compensation lawyers at Schibell Law understand New Jersey workers’ compensation law and can answer your questions, assist you in filing for workers’ compensation, and help you get the compensation you need. Call 732-774-1000 for more information or to set up a free case evaluation.

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