You go to work every day, making a living for yourself and your family. At a minimum, you expect your workplace to be safe and free from dangerous conditions or safety hazards. Yet, in one recent year in the United States, there were 2.569 million non-fatal workplace injuries and illnesses and 5,282 fatalities, according to data from the U.S. Bureau of Labor Statistics. Workers deserve a safe working environment and fair compensation for workplace accident-related injuries. Sometimes, the only way to get what you deserve is with the help of an experienced workplace injury attorney in Jackson.

The workplace accident lawyers at Brach Eichler Injury Lawyers help people hurt on the job understand their legal rights and pursue the compensation and benefits they deserve. The New Jersey workers’ compensation system can be a headache, especially when you are struggling with severe workplace-related injuries. Hiring an attorney to manage your claim lets you focus on healing and offers peace of mind that your claim is in experienced hands.

Injured workers are determined to take care of themselves and their families. Our legal team is determined to take care of you. Contact our office today and request a free case evaluation to get started.

What Is New Jersey Workers’ Compensation?

The New Jersey workers’ compensation system is a no-fault insurance system. It helps compensate injured workers by providing money for medical expenses and covering a portion of an employee’s lost wages, regardless of who caused the workplace accident.

New Jersey law requires all New Jersey employers not covered by federal programs to carry workers’ compensation insurance coverage or be approved for self-insurance. Employers without valid workers’ compensation coverage can face significant penalties, including fines and criminal charges.

Benefits Available Through the New Jersey Workers’ Compensation Program

Depending on the severity of a person’s injuries and whether they can return to work, several benefits may be available through workers’ compensation for people injured on the job. These benefits include:

• Medical Benefits – Medical benefits cover the costs of all necessary and reasonable medical care and treatment after a workplace injury. These benefits may cover hospitalization, surgery, medical treatments, and prescriptions. In New Jersey, the insurance carrier or employer can dictate which physicians or medical providers an employee can see for work-related injuries.
• Temporary Total Disability Benefits – Temporary total disability benefits help stabilize an injured employee’s financial situation if they are disabled and cannot return to work for more than seven days. These benefits provide 70 percent of a worker’s average weekly wage when they cannot work and are under active medical care.
• Permanent Partial Disability Benefits – Permanent injuries can derail a person’s life and career. Permanent partial disability benefits cover job-related injuries or illnesses that cause a partial, permanent disability based on scheduled and non-scheduled losses. These benefits start after the temporary disability benefits end.
• Permanent Total Disability Benefits – If a work-related injury prevents an individual from returning to work, permanent total disability benefits may be available. These benefits only apply when an individual has lost “two major members” or a combination of members, which include the eyes, hands, arms, legs, or feet. Benefits cover 450 weeks and can continue beyond 450 weeks if the injured worker can prove they cannot earn regular wages.
• Death Benefits – Death benefits cover 70 percent of the deceased worker’s weekly wage and may be collected by surviving dependents such as spouses or children. Benefits may also pay up to $3,500 in funeral expenses.

Common Workplace Accident Injuries

New Jersey workers’ compensation benefits can cover two types of compensation claims: traumatic injury claims and occupational disease claims. Not all workplace injuries result from accidents. Some are caused by exposure to harmful chemicals or substances, which can lead to significant illnesses and medical conditions.

Traumatic injury claims typically involve injuries that result from a one-time workplace accident or incident, like a transportation accident, fall, or injury from defective machinery or equipment. Traumatic workplace injuries can include:

• Traumatic brain injury
• Neck or spine injuries
• Amputations
• Broken bones
• Dislocations
• Soft tissue injuries
• Organ damage
• Eye injuries
• Abrasions
• Lacerations
• Contusions

Occupational diseases or illnesses are often the result of poor working conditions and exposure to hazardous chemicals or materials. Repetitive activities can also cause occupational diseases. Some of the most frequent illnesses caused by lack of proper safety equipment or exposure include:

• Mesothelioma
• Other cancers
• Asthma
• Chronic obstructive pulmonary disease
• Silicosis white lung
• Hearing loss
• Reproductive issues or infertility
• Repetitive stress injuries like carpal tunnel syndrome
• Dermatitis and other skin conditions

Recovering compensation for occupational diseases can be challenging because it may be difficult to prove the cause of the illness is directly related to a person’s job or occupation. You need the skills a Jackson workplace injury lawyer can provide to help manage an occupational disease or any workers’ compensation claim to secure the maximum benefits you deserve.

What to Do After a New Jersey Workplace Accident

Some misconceptions surround workers’ compensation benefits and the no-fault insurance system. While it does not matter who caused the accident, workers’ compensation insurers can find other reasons to diminish or deny your workers’ compensation claim. Your steps immediately after a workplace accident can impact your compensation claim. After a workplace accident, protect your legal rights and take the following actions:

• Report the accident to a manager or supervisor as soon as possible
• Seek immediate medical attention for your injuries
• When possible, document the accident scene thoroughly with pictures and videos
• Note who witnesses the accident
• Make sure your employer reports the accident and files a claim
• Follow your employer or insurance carrier’s guidance when choosing a medical professional to treat your injuries
• Contact a Jackson work-related injury attorney
• Do not post anything on social media
• Follow all of your doctor’s advice and instructions

A Jackson workplace accident attorney can help keep your claim on track and make sure the process is moving smoothly through the system so you can get the benefits you deserve. An attorney can also fight for you if an insurer denies your claim or your employer fails to follow established protocols.

FAQs

Looking for answers to common questions about workplace injury claims? Here are a few we typically hear, but reach out for answers to additional questions about your case.

What rights do I have if I’m injured at work in Jackson and my employer refuses to acknowledge the injury?

Unfortunately, some employers refuse to acknowledge workplace injuries and will not help you file a workers’ compensation claim. Whether they fear their insurance rates will go up or they believe that you are “faking” a workplace injury, there are situations where injured employees get no assistance from their employer. However, that doesn’t mean you are locked out of seeking compensation for your injuries.

You still have legal rights and can pursue a claim through the state’s workers’ compensation system. If your employer does not file a “First Report of Injury” with the state or their workers’ compensation insurer, you can contact the carrier directly or file a claim with the Workers’ Compensation Division of the New Jersey Department of Labor and Workforce Development. Your employer must display proof of insurance in a prominent location in your workplace.

A Jackson workplace injury lawyer can also help you file and manage a claim if your employer refuses to acknowledge your injuries. If your employer goes so far as to ignore your injuries and not file a claim, your best chance of obtaining a favorable outcome lies with trusting an attorney with extensive experience handling these complicated situations.

How can a workplace injury lawyer in Jackson help me if my injury affects my ability to return to work?

Workplace injuries can lead to serious and potentially life-long medical complications that may impact your ability to return to work or your ability to return to the same position as before the accident.

While workers’ compensation covers the cost of accident-related medical expenses and a portion of a victim’s lost wages, the program also offers other benefits depending on the severity of a person’s injuries. Temporary total, partial, and total benefits can help stabilize an injured worker’s financial situation if they cannot immediately return to work or in the same capacity.

A workplace injury lawyer can advocate for you to receive the workers’ compensation benefits you deserve. They can also fight unfair claim denials.

Can I sue my employer for a work-related injury in Jackson if their negligence caused the accident?

Suing an employer following a work-related injury in Jackson Township is challenging. If you accept workers’ compensation benefits, your employer is protected from litigation, meaning you cannot sue them for additional compensation in civil court. However, there are a few exceptions.

In New Jersey, an employee can sue their employer if an intentional act caused a workplace injury or if the employer knowingly exposed an individual to unsafe conditions or hazards. In some cases, if an employer’s actions cause an injury and result in a significant OSHA violation, the employee may have grounds to file a lawsuit.

Suing an employer in New Jersey is challenging and carries many legal nuances. A Jackson workplace injury attorney can carefully review the details of your unique case and advise you of all your legal options for pursuing compensation for your injuries.

A Jackson Workplace Accident Lawyer Can Offer the Help You Need

At Brach Eichler Injury Lawyers, our work-related injury lawyers understand that the workers’ compensation system can feel frustrating and overwhelming. We offer practical legal advice and guidance to help you recover the benefits you need while out of work and recovering from your injuries.

Contact our office online or at (973) 364-8300 to set up a no-obligation case evaluation with a Jackson workplace injury attorney.