When you have been injured while at work or sustained an illness associated with your workplace, there are responsibilities for both the employee and the employer. Although each state will have individual laws associated with this, it is generally a good guideline to report your work injury in NJ as soon as possible.
A recent study conducted by the California Department of Industrial Relations Commission on Health and Safety and Workers’ Compensation, identified that nearly 11% of individuals who participated in a recent survey never told their employers about an on the job injury.
The major reasons that most people decided not to tell their employer about the injury were not wanting to miss work, not believing that the injury had enough severity to lead to report and fear of losing their job.
Your Rights as an Injured Employee
As an injured employee you have rights to report your injury to your employer as soon as possible, but you may also be entitled to workers’ compensation benefits in New Jersey by doing so. Failing to file a claim could block you from receiving workers’ compensation benefits and it could lead to a relationship based on distrust between you and your employer.
Even if you are not yet sure whether the injury is serious enough to warrant filing an official workers’ compensation claim, you need to report the injury to your employer anyways. More than half of respondents in the above mentioned survey indicated that their employer had a negative reaction when discovering the injury.
Also Read: Being Seen by a Physician after a Workers’ Compensation Injury
What Employers Did After Hearing an Injury Report
Common reactions for employers included firing the employee soon after the injury, pressuring the employee to consider working despite the injury or threatening the individual with firing or deportation where applicable.
Within the study, 11% of employees indicated that the employer responded to them with a workers’ compensation claim form and instructed them to file. It can be a big mistake to avoid reporting the injury, but as an injured employee you do have rights. Your employer is not eligible to discriminate against you or harass you if you decide to report a workers’ compensation claim.
You Have Rights as an Injured NJ Employee
You are well within your rights to report an on the job injury and follow it up with a workers’ compensation claim. It can be disheartening and frustrating to learn that you are employer reacts negatively towards your decision to file a claim and this is why it is imperative to protect yourself with a New Jersey workers’ compensation attorney. Unfortunately, employers may pressure you to do things even if this behavior is illegal.
You need to protect your rights and be clear about your responsibilities and your duties when it comes to workers’ compensation by consulting with a New Jersey workers’ compensation attorney.
This is the best way to be clear about how the process is likely to unfold and it is a great way to get prompt answers to your questions about filing a workers’ compensation claim. With so much on the line for your future, a workers’ compensation claim may be the only way for you to focus on recovery.
Getting essential medical treatment sooner rather than later is the best way to address your condition and give you valuable options in terms of treatment. Waiting too long could make it more difficult for you to recover and could bar you from being able to a file a workers’ compensation claim.
Your employer is not allowed to harass you or discriminate against you because you have chosen to file a workers’ compensation claim, but employees who are under this impression may choose not to file a claim at all.
Also Read: The Stages of Filing a Workers’ Compensation Claim
Consult with New Jersey Workers’ Compensation Attorney Today
If you have questions, setting up a meeting with a workers’ compensation attorney in New Jersey first will give you a better understanding of your rights as well as recommendations about how to handle the situation.
Engaging a New Jersey workers’ compensation attorney sooner rather than later is strongly recommended even if you suspect that your employer may work with you throughout the process.
Having someone to turn to when you encounter problems in the workers’ compensation claim submission process, like a denial, can be extremely valuable.
Did you know you could even get coverage for an injury that happens at a desk job? Learn more here: https://www.schibelllaw.com/workers-compensation-claim-if-i-work-at-a-desk/
