If you have sustained injuries while on the job, a New Brunswick workplace injury attorney can help you investigate avenues to recover compensation. When you get hurt on the job in New Jersey, workers’ compensation will cover injury-related medical costs and your lost work income. However, workers’ compensation benefits alone might be sufficient, or your claim might get denied. What’s more, workers’ compensation won’t pay for the intangible losses you have suffered, like the pain, suffering, and mental anguish.

Brach Eichler Injury Lawyers can help you file a claim for workers’ compensation and explore alternate forms of financial compensation. A devastating work injury can derail your career and reduce your future earning potential. Disability and impairment can also reduce your quality of life and capacity to enjoy living. We can seek compensation for these types of losses and hold responsible the entities that did you harm.

Contact us or call (973) 364-8300 to speak to a workplace injury attorney in New Brunswick to discuss your workplace injury claim.

Types of Workplace Injuries in New Brunswick

Common work injuries that could require a work injury claim include:

• Overexertion – Workers can push their bodies too hard and suffer from overexertion, causing muscle strains and repetitive motion stress.
• Falls – Falling injuries are always possible when workers are on their feet. A fall can break bones and cause serious complications, such as spinal cord compression.
• Vehicle Accidents – Many employees sustain injuries in vehicle accidents, whether their job duties involve driving or they are traveling for work purposes.
• Falling Objects – Falling objects can strike employees, causing head, neck, and torso injuries. A falling object can also pinch fingers and toes.
• Defective Machinery – Defective machinery and equipment like mixers, rollers, bulldozers, and forklifts can malfunction and cause injury.
• Electrocution – Employees who work around electrical systems or exposed wiring are at risk of shocks and electrical burns.
• Workplace Violence – Employees are also at risk of interpersonal violence and violent altercations in the workplace, like assault and battery.
• Toxic Exposure – Long-term exposure to hazardous chemicals or materials, like lead or asbestos, can cause chronic and long-term health complications.

Many work injuries arise from a confluence of activities rather than a singular event, and many injuries are initially undetectable. These factors can make it difficult to link specific injuries or conditions to work activity. An attorney can work with medical experts and documentation to prove your injuries resulted from work activity.

Which Industries Have the Highest Rate of Workplace Injuries in New Brunswick?

According to the Bureau of Labor Statistics, there are about 66,000 workplace injuries in New Jersey each year, equal to an injury rate of about 2.4 per 100 workers. About two-thirds of these accidents cause injuries requiring time away from work or work restrictions. Industries with the highest incidence of workplace accidents and fatalities include:

• Construction – Construction has the highest rate of workplace injuries due to dangerous conditions on worksites. Construction workers are at risk of falls, electrocution, collisions with fixed objects, chemical exposure, and injuries from defective equipment.
• Transportation/Warehousing – Transportation workers, particularly commercial truck drivers, are most at risk of injuries from vehicle accidents. Warehousing staff are often at risk of overexertion, repetitive motion injuries, muscle strains, and injuries from falling merchandise.
• Manufacturing – Manufacturing workers are surrounded by heavy machinery and dangerous substances all day. Industrial equipment malfunctions can crush limbs and amputate body parts.
• Repair/Maintenance – Repair and maintenance workers also face risks at work, such as electrocution, falls, and injuries from defective tools.

Options for Compensation After a Workplace Injury in New Jersey

An attorney from Brach Eichler Injury Lawyers can investigate your case and identify multiple sources of compensation for your workplace injuries.

Workers’ Compensation Insurance

Workers’ compensation is the main option for financial recovery when employees suffer a workplace injury. Every business in New Jersey with employees must carry workers’ compensation insurance to pay for injury-related expenses. Workers’ compensation insurance will pay for:

• All necessary and reasonable medical treatment, including hospitalization, prescriptions, and procedures
• 70 percent of the injured employee’s average weekly earnings while disabled
• Permanent partial disability benefits for loss of a body part
• Permanent total disability benefits for not being able to return to work
• Death benefit, including $3,500 in funeral expenses

Workers’ compensation will pay partial disability benefits according to New Jersey’s disability and benefits schedule. Total disability benefits will be paid for 450 weeks and will continue after 450 weeks as long as the injured worker shows they still cannot work. Note that workers’ compensation does not cover non-economic pain and suffering damages.

Third-Party Lawsuit

In some cases, a workplace accident may be the fault of a third party, such as a contractor or subcontractor. For instance, say your workplace hires a roofing company, and you sustain injuries when equipment falls on you. In this case, you would be able to pursue the third-party roofing company for injuries sustained at work.

Another scenario where a third-party lawsuit is a viable option is injuries due to work equipment or machinery. If defective equipment causes an injury, you could file a product liability claim against the manufacturer. Manufacturers are strictly liable for injuries from defective products, meaning you don’t have to prove negligence to recover compensation.

Workplaces integrate several third parties that could be liable for injuries. We can investigate your case to identify all responsible parties, allowing you to pursue each individually for financial compensation. The benefit of a third-party liability claim is that you recover a wider range of losses than workers’ compensation allows.

Second Injury Fund

If you have a partial disability from a pre-existing injury but become totally disabled from a new work injury, you may be eligible for compensation from the state’s Second Injury Fund. The Second Injury Fund is a special workers’ compensation program that specifically pays benefits to workers with past disabling injuries. The Second Injury Fund can provide additional disability payments beyond those of standard workers’ compensation.

Here’s how it works: Say you had a previous leg injury that left you partially disabled. After returning to work, you later suffer a work injury that, in conjunction with your previous injury, leaves you totally disabled. In this case, the Fund can pay for the percentage of disability from the previous injury, while workers’ compensation pays for the work injury.

The Fund exists to help injured or disabled workers get back to work by absorbing employer injury liability. The Fund does not pay at the same time as workers’ compensation but will continue your payments once workers’ compensation payments stop. Your previous injury does not have to be a work-related injury to be eligible for the Fund.

Workplace Injury FAQ

The laws surrounding workplace injury and liability in New Jersey are subtle, so clients tend to have many questions. If you have a more specific inquiry, feel free to call our offices to schedule a meeting.

How can a workplace injury attorney in New Brunswick help me if my employer refuses to acknowledge my injury?

The state’s Division of Workers’ Compensation regulates and enforces workers’ compensation laws. If your employer refuses to acknowledge or report your injury, your attorney can file a complaint with the DWC for noncompliance. Violators can face financial penalties and sanctions.

What should I do if my injury in New Brunswick is serious enough to prevent me from returning to work?

If you sustain a work injury and can’t return to your job, the first thing you need to do is report it to your supervisor. They will create an accident report, which will be helpful during the claims process. Next, see a doctor and get a formal diagnosis of your injuries. You will need exhaustive documentation of your injuries to prove the extent of your losses.

Can I file a lawsuit against my employer for a work-related injury in New Brunswick if their negligence caused the accident?

In New Jersey, employees generally cannot file negligence lawsuits against their employers. This liability exemption is a consequence of the state’s no-fault workers’ compensation program. However, there is one exception to this liability shield: intentional wrongs. If your employer harmed you through intentional wrongdoing, you can file a lawsuit and recover a wider range of compensation. The bar to prove intentional wrongdoing is high, but it may be an option if other methods are insufficient.

Contact Brach Eichler Injury Lawyers Today to Discuss Your Work Injury Claim

Brach Eichler Injury Lawyers has decades of experience helping injured workers recover compensation for their losses. Whether we are pursuing a workers’ compensation claim or a third-party lawsuit, we will examine your case from all angles to maximize your recoverable compensation. After suffering an injury, the last thing you want to deal with is legal claims and negotiations. We can handle every aspect of the recovery process, leaving you free to focus on healing and recovery.

Contact our offices online or call today at (973) 364-8300 to speak to a workplace injury attorney in New Brunswick. Our offices are available 24/7, so call anytime to discuss your rights and options as an injured worker with a personal injury attorney.