No one anticipates getting hurt on the job, but an unexpected workplace injury can quickly turn in an otherwise normal day into a nightmare. While construction and factory workers account for most workers’ compensation claims, any employee can get hurt at work — and it happens more often than you may assume.
According to the U.S. Bureau of Labor Statistics, there were roughly 69,000 reported workplace injuries and illnesses in New Jersey in 2019. Whether you work in a factory, in an office, or outdoors, workplace injuries can happen regardless of your profession and often qualify for workers’ compensation benefits.
Workers’ compensation insurance is supposed to help employees hurt on the job by providing funds for medical bills and lost wages, but it is not always as simple as it should be. It is common for workers’ compensation insurers to minimize claims and deny the severity of injuries.
If you were injured at work and are struggling to get the compensation you may be entitled to, contact our Marlton, New Jersey workers’ compensation lawyers for a free case review. If you qualify, Stark & Stark can help you obtain benefits.
Any injury that occurs while someone is working typically falls under a workers’ compensation claim. according to the Bureau of Labor Statistics, over 3 million U.S. workers are injured in the workplace each year. These may include everything from a slip and fall in an office building, a fall-related brain injury at a construction site, or a burn in a factory.
Examples of work-related injuries include:
These examples are just a summary of the different types of injuries that can occur at the workplace. Some injuries may be caused by unavoidable accidents, unsafe working conditions, inadequate training, or malfunctioning machinery. However, an injured employee is not required to prove why or how the incident occurred.
Workers’ compensation is a no-fault system, meaning it exists to compensate workers regardless of if they are at fault or not as long as the injury or illness was work-related.
Most employers are required to carry workers’ compensation insurance to protect employees in the event they get hurt. By taking on the financial burden that comes as a result of those injuries, employers also protect themselves from lawsuits.
New Jersey’s workers’ compensation benefits include:
Medical benefits: This covers all costs associated with “necessary and reasonable” medical treatment for your workplace injury or illness, including hospital bills, rehabilitation, medical tests, and medications.
Temporary disability benefits: If you are unable to perform the same work and earn the wages you earned prior to your injury for a period of more than seven days, you may qualify for temporary benefits. This covers weekly payments of 70 percent of your average weekly wage, not to exceed the maximum amounts dictated by the state.
Permanent disability benefits: If your injury prevents you from obtaining “gainful employment,” you may be entitled to receive 70 percent of the average weekly wage you earned at the job where you were injured. Benefits continue for a period of 450 weeks, after which you must show that you are still unable to work.
Death benefits: Death benefits are available to the dependents of the victim who died due to a work-related injury or illness. Typically the decedent’s spouse and children (up to the age of 18 or 23) are considered dependents. They may receive weekly payments worth 70 percent of the decedent’s average weekly wage.
After being injured on the job, getting your employer’s workers’ compensation insurer to pay the benefits you may qualify for is not always an easy task. Our workers’ compensation attorneys are familiar with the tactics insurance companies often use to decrease liability for an injured employee’s claim.
Workers’ compensation insurance will sometimes try to deny or undervalue claims by:
Arguing that your injuries or illness were not truly work-related:
An insurer may try to claim that you did not become sick or injured due to your work responsibilities or conditions, but that your injury was pre-existing or caused by external factors. Our Marlton workers’ compensation attorneys can help you gather evidence to defeat these arguments.
Attempting to prove your injuries are not as severe as you claim:
Even if an insurer acknowledges that your injury or illness exists, they may try to claim that they do not prevent you from performing your job. Stark & Stark can consult with medical experts to prove otherwise.
Convincing you to return to work too soon:
Insurers may sometimes try and convince you to return to work before you are cleared to do so. This is because if you do, they no longer have to pay for your lost wages.
Stark & Stark workers’ compensation attorneys understand the challenges that can arise when trying to get the compensation you feel you deserve for your injuries.
For more than 50 years, our workers’ compensation attorneys have represented injured clients and helped them obtain the benefits they were entitled to. We have helped workers across all industries, including hospitality workers, truckers, electricians, office workers, and firefighters.
If you or a loved one were injured at the workplace and your workers’ compensation claim was denied or undervalued, a Marlton workers’ compensation attorney can fight on your behalf. A workplace injury can leave you in a stressful situation with mounting medical bills and lost wages. That is why our workers’ compensation lawyers only charge fees if they successfully secure benefits on your behalf. Contact us today for a free case review to learn more.
Address: 40 Lake Center, 401 NJ-73
Suite 130, Marlton, NJ 08053
Phone: (856) 874-4443
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