In the State of New Jersey, every employer is required to have workers’ compensation insurance. When an employee is injured while working, they have the right to make a claim for benefits. A professional Burlington County workers’ compensation lawyer can represent injured employees so that they can obtain all the benefits that the law allows for their situation. Read on to learn more about how a skilled injury attorney could make a difference in your case today.
Workers’ Compensation Law in New Jersey
Workers’ Compensation benefits are payable to employees who sustain injuries at work. While this may seem like a simple concept, many cases have been argued over what it means to be at work. In short, an employee must have been hurt while in the course and scope of their employment, or in other words, while actually performing work activates as an employee is reasonably expected to do. Reach out to a determined lawyer to learn more.
Questions of Liability
Who was responsible for the injury is inconsequential. This insurance is considered a no-fault program, meaning that it pays out regardless of legal responsibility. As a trade-off, workers who take advantage of this program waive all rights to sue their employer or their co-workers for negligence. The only exception to this is when the worker was injured due to an employer’s intentional act and that there was a substantial certainty of injury. In those rare cases, a worker may claim benefits and still sue under civil causes of action.
Steps to Take After an Injury
When an injury occurs on the job, the first thing that any injured worker must do is to notify their employer that an injury occurred. It is extremely important that this notice is given as soon as possible after the injury. Once the employer is notified of the injury, it is the responsibility of the employer to contact their workers’ compensation insurance carrier. At this point, the carrier will assign the worker to a doctor of their choice for treatment.
The doctor who evaluates the injured employee is known as an authorized doctor, and they will make recommendations as to what treatment is needed for the injuries. In addition, if the authorized doctor tells the insurance carrier that the injured employee cannot work, then the carrier is obligated to pay out temporary benefits, which are 70% of the employee’s average weekly wage.
When the employee’s treatment is concluded and the authorized doctor discharges them from treatment, they may be entitled to additional benefits if they sustained a permanent injury. The worker will be asked to attend at least two permanency evaluations with different doctors, and a professional Burlington County workers’ compensation lawyer will negotiate a resolution of the permanency claim based upon the opinions of the doctors and the schedule of disability contained in the Workers’ Compensation Act.
Speak with a Burlington County Workers’ Compensation Lawyer
It is important to remember that there are strict procedures that must be followed to ensure that you receive all the benefits that the law allows. A skilled Burlington County workers’ compensation lawyer can be here to help. Know that it is never too soon to ask an attorney for advice. Consider reaching out to a dedicated Burlington County workers’ compensation lawyer today to get started on your case.