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4 top myths about workers' compensation debunked

If you are injured or develop a medical condition as a result of your job, you may not be aware of your right to compensation. In New Jersey, if this happens, you are entitled to file a workers' compensation claim.

Since the law surrounding workers' compensation is fairly complex, there are likely several myths and half-truths that you have heard about. To ensure that you receive the benefits you are entitled to, it is useful to make yourself aware of some of the most commonly repeated myths that are out there.

1. You can be fired. Unfortunately, many people believe that you can lose your job if you file a workers' compensation claim. However, under New Jersey law, it is illegal for an employer to discharge or discriminate against an employee because they claimed or attempted to claim workers' compensation benefits.

2. You must be injured at your worksite to receive benefits. Although most people claiming workers' compensation benefits are injured while on company property, it is not necessary to be injured there to receive benefits. If you were injured while off the employer's premises while in performance of your work-related duties, you still may claim benefits. However, this is not the case if you were merely commuting to or from work or on a personal errand.

3. You can't claim benefits because you have a pre-existing injury. Under New Jersey law, although they may complicate your workers' compensation claim, pre-existing injuries do not disqualify you from receiving benefits, if you can prove that your job aggravated, accelerated or reactivated your condition.

4. Having a lawyer is not necessary. Although you can file for benefits without a lawyer, workers' compensation law is very complex. As a result, you may receive incorrect or misleading information that may discourage you from recovering the benefits that you are entitled to. Since your employer and its insurer will have access to legal advice, it is in your best interest to have a lawyer as well.

Due to the complexity of workers' compensation law, insurance companies will often try to take advantage of you. However, the experienced workers' compensation attorneys at Krivitzky, Springer & Feldman can guide you through the claims process, protect your best interests, and ensure that you receive the maximum compensation you are entitled to under New Jersey law.

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