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Despite safety regulations, a staggering amount of injuries still occur while on the clock and this where a workers’ comp lawyer can be exceptionally helpful. According to the Bureau of Labor Statistics, an estimated 2.8 million injuries were reported in 2019. The good news is that workers across America are protected from such injuries under workers’ compensation laws.
New Jersey is no exception. Usually, all that is needed is proof that the injury occurred at work while performing work-related tasks. As with any legal matter, it is never that straightforward. Genuine and well-deserving people miss out on their compensation due to technicalities. That’s why it is advisable to hire the best workers’ comp attorney in New Jersey to take you through the process.
For over 30 years, Robert Lord has been providing his clients with personalized attention and aggressive legal representation. Proudly serving the Elizabeth NJ, Plainfield NJ, East Orange NJ and Newark NJ areas – the legal professionals with Lord, Kobrin, Alvarez & Fattell have secured over $300 million in settlement payments for their clients in Union County, Essex County and Middlesex County, NJ.
We know that when you’re injured you feel helpless, frustrated and left behind.
Injuries Covered by Workers’ Compensation
Workers’ compensation covers a range of injuries and illnesses. Although some work-related injuries are sudden, others take time to manifest. Our workers’ comp attorney will act according to the type of injury.
Soft Tissue and Back Injuries
Soft tissue and back injuries are the most common type of claims reported. The severity of these injuries will vary from person to person. While others recover within days, some injuries take longer. Soft tissue injuries are divided into two categories. These are:
- Overextension – This type of soft injury occurs when you pull, push, carry, or throw heavy objects. It causes straining and tearing of tendons, muscles, and ligaments.
- Repetitive motion – This is permanent or temporary injuries that result from performing the same task repeatedly. A common example is typing or hammering.
Slips and Fall Cases with a Workers’ Comp Lawyer
Employers must protect their workers from slips, trips, and falls. These accidents mostly occur due to liquid spillage. A slippery floor can cause head injuries, sprained ankles, or even broken bones. Falling from heights like ladders, lifts, and roofs also fall under this category. Speak to our workers’ comp lawyer about filing your slip or fall claim if your injuries were on the job.
Motor Vehicle Accidents
Motor vehicle accidents don’t have to happen on the work premises to be eligible for compensation. Workers who drive as part of the job, like trucks and delivery drivers, are entitled to compensation should they get injured on the road. Feel free to consult a car accident lawyer even if your actions led to the accident. Being at fault doesn’t weaken your worker’s comp claim.
Equipment and Machinery Accidents
Industries use various machines to make work easier. Unfortunately, these machines malfunction, leading to horrendous accidents. Cutting tools, belts, and gears can cause amputation of fingers or an entire limb. An explosion due to a malfunction can cause thermal and chemical burns. Workers also face the danger of electrocution from the electrical equipment in use. Our workers’ comp lawyer in New Jersey will be able to get you compensated for these injuries through the legal process.
Unless you work in law enforcement, you don’t expect to be in danger when you report to work. The employer should provide security at the door to protect their workers. However, violent crimes still happen on the job. A burglary, theft, or robbery can leave workers nursing physical and emotional injuries. An attack could also be from a disgruntled employee or an unhappy customer. Consult our workers’ comp attorney about any injuries sustained and if they are covered under worker’s compensation.
Sudden injuries are a little easier to report since you can tell right away when the injuries happen. Occupational illnesses occur over time due to continuous exposure to chemicals. The common occupational disease includes lung disease and asbestosis. It helps your case if there is a clear link between the illness and exposure. Diseases that are considered lifestyle illnesses are harder to prove in court. You need an experienced workers’ comp lawyer in New Jersey to be successful prove your case.
How to File for Workers Comp Claim in New Jersey
Your immediate actions after suffering a work-related injury can impact your case. Therefore, it is advisable to get a workers’ comp attorney involved as early as possible. It is easier to prove your case when the matter is still fresh in your mind.
1. Get Medical Attention
Your health should be your priority when you get injured on the job. Every minute you waste could potentially make it harder to recover. For instance, if you’ve lost a finger, you need to be rushed to the emergency room. Even if the injury is non-emergency, you still need to see a doctor. Explain to your doctor what happened and get a medical report. The doctor’s report legitimizes your injuries, and our workers’ comp lawyer can use it as proof in case of a dispute.
2. Notify Your Employer
Let your employer know about the injury as soon as possible. You officially notify them after getting emergency medical help. Ensure you notify them in writing and not just verbally. In New Jersey, you have 90 days from the date of injury to notify the employer. The clock starts ticking from the moment you are injured or start noticing symptoms of an occupational illness. Your employer will give you a worker’s comp claim form to fill out on receiving the information. The information required includes
- Type of injury
- Any medical care received
- When, where, and how the injury happened
- Parties involved in the accident.
3. Follow Up on the Claim
Ideally, after reporting the incident, the employer is supposed to file all the remaining paperwork. However, some employers need a little nudge to do their part. Delay tactics are not uncommon. In New Jersey, the employer has 21 days to file an injury claim report with the New Jersey Division of Workers Compensation. Once that is done, the insurer will do a little digging of their own.
If the claim is approved, the injured worker will receive financial compensation to cover medical bills, medication, missed wages, and in some cases, emotional damages. The settlement may be a lump sum or structured over some time. Unfortunately, the insurer can also decide to reject the claim. Here is where things get a little tricky. This is where the services of our workers’ comp lawyer are vital.
4. File for a Formal Hearing with a Workers’ Comp Lawyer
Denial of the claim is not the end of the road. The injured can still ask the insurer to review their decision. If they are adamant, you can file for a formal or informal hearing. Our workers’ comp lawyer will advise you on the best way to proceed. An informal hearing is presided over by a judge of compensation. The judge reviews the matter and offers ways to settle the dispute. The suggestion is not non-binding, and our workers’ comp attorney can still file a formal claim petition.
During a formal hearing, your workers’ comp lawyer will table evidence proving your case. Medical reports and expert witnesses are used at this point. If you documented everything and hired our experienced workers’ comp attorney, the decision should go your way. Even if it doesn’t, your injury lawyer in New Jersey can help you to get one more chance through the appeal process.
Get Help from A New Jersey Workers’ Comp Lawyer Today
An injury at work can disrupt your normal life. Having a reliable workers’ comp attorney on your side can help you get the compensation you need. The finances are instrumental in settling outstanding medical bills and getting back on your feet. As the best law firm in Newark, NJ we have the most experienced workers’ comp lawyer and we’ve been around for more than 25 years. In that time, we have won $200 million worth of settlements for our client in New Jersey. Call us today and let us help you get the settlement you deserve.