When you get hurt at work or while performing your job duties, you almost certainly have the right to seek and obtain workers’ compensation. It really is just that simple. However, so many injured employees do not get the benefits they are due.
Employers dislike workers’ comp claims. They can cause their insurance premiums to increase and open the door to poor safety publicity. Unfortunately, some unethical employers lie about workers’ compensation to discourage injured employees from seeking benefits. Here are just three examples.
Your particular injury is not covered
Unless you suffered the injury away from your workplace and on your own time, it is probably eligible for benefits. It does not typically matter what type of injury workers suffer if it is connected to the workplace or job tasks.
You can be fired for filing a claim
Although most employers may fire employees at will, they cannot do so in retaliation for filing a workers’ comp claim. If this happens in your case, you can probably still obtain your workers’ comp benefits and may also have grounds for a retaliation claim.
We’ll deny your claim if you file
New Jersey employers do not have the power to deny or approve workers’ compensation claims. Many employees do not fully understand their rights after a work injury. The Department of Labor and Workforce Development makes claims decisions.
Many workers’ compensation claims proceed smoothly, with the employer doing nothing to obstruct or interfere with the process. A legal opinion may offer clarity and guidance if you are having trouble obtaining your benefits.