injured man with a blue hard hat on his head laying at the bottom of stairs

Why Understanding Workers’ Compensation Is Beneficial

By Krivitzky, Springer & Feldman | Comments are off for this post | Jun 22, 2020

As a worker in New Jersey, knowing your rights under workers’ compensation law is critical to protecting your health and financial security if you’re injured on the job. At Krivitzky, Springer & Feldman, our workers’ comp attorneys advocate for the rights of injured New Jersey workers and help clients understand their responsibilities throughout the process.

Unfortunately, some employers and their insurance companies try to avoid their financial responsibility for workplace injuries. That’s why it’s important to understand the system and know how to act as your own advocate to obtain the full medical and cash workers’ comp benefits you deserve.

What Is Workers’ Compensation?

In New Jersey, all employers are required by law to provide workers’ comp benefits to qualified employees who are hurt on the job, either through workers’ compensation insurance or an approved self-insurance plan.  Workers’ compensation benefits include medical care, a portion of lost wages, and vocational training. If an employee is killed on the job, workers’ compensation insurance may provide death benefits and funeral expenses to the family of the worker.

Reasons Why It’s Important To Understand Workers’ Compensation

Your Employer Doesn’t Have Workers’ Comp Insurance

If your employer doesn’t have workers’ comp insurance, understanding other options that may be available to you can be a lifesaver. You can file for benefits with the New Jersey Uninsured Employers Fund (UEF) for temporary disability benefits and medical expenses. Filing a UEF claim can be complicated, so it’s best to talk to an experienced workers’ comp lawyer to help the process run smoothly and obtain your benefits quickly.

Another option to consider if your employer doesn’t have workers’ comp coverage is to file a civil lawsuit against them. It’s critical to find an attorney who’s well-versed in handling these types of cases. They may be able to help you recover compensation for your medical expenses, temporary disability, permanent disability, and civil penalties from your employer.

Even if you haven’t been injured, you can anonymously report your employer to the New Jersey Department of Labor and Workforce Development if you believe that your employer isn’t carrying workers’ comp insurance.

Your Employer Won’t Report Your Injury

If your employer won’t report your injury or occupational illness to their workers’ comp insurer, you may contact the insurance company yourself. Employers are required by law to post the insurance company’s name and contact information in a conspicuous location such as a break room, employee lounge, or locker room. If you’re unable to find it, contact the New Jersey Compensation Rating & Inspection Bureau (CRIB) to obtain your employer’s insurance information and seek the assistance of an attorney to help you file a claim.

Your Workers’ Comp Claim Is Denied

Generally, in New Jersey injured workers are entitled to workers’ comp benefits regardless of how an injury occurred or who was at fault. However, an insurer may deny claims if they determine that an injury or illness isn’t work-related. They may also deny coverage for unauthorized medical treatment or treatment they think is beyond the scope of what is necessary. In addition, they may dispute payment of disability benefits. In these types of disputes, you can file a formal claim petition or an application for an informal hearing with the Division of Workers’ Compensation.

If you file a complaint, the workers’ comp insurer will most likely have an attorney to support their position. Having a workers comp attorney to represent you can level the playing field and ensure your rights are protected. Not only that, it also increases your chances of successfully recovering the benefits you need to take care of your health and family.

Contact A Workers’ Compensation Attorney

If you’ve been injured on the job or have suffered a work-related occupational illness, our workers’ comp attorneys at Krivitzky, Springer & Feldman can help you understand your rights and fight for the benefits you deserve. Contact us online, use the chat feature on our website, or call at 201-798-2711 in Jersey City or 973-874-0556 in Newfoundland to ask questions or schedule a free consultation. We also serve clients in Kinnelon, Jefferson, Vernon, and throughout the state of New Jersey. Se habla Español.

Krivitzky, Springer & Feldman