Workers’ Compensation FAQ: Your Guide To Understanding Your Workers’ Rights

Sustaining a workplace injury can lead to many questions about your rights and benefits. At Parisi & Gerlanc, Attorneys At Law, we understand the importance of workers’ rights and knowing what their rights are. We’re here to clarify the essentials of workers’ compensation in New Jersey. You can turn to our lawyers at any time for advice on your specific situation. We are proud to help answer any questions you may have about your legal needs.

Do you need a lawyer for a workers’ comp claim in New Jersey?

While you aren’t required to have a lawyer, it’s to your advantage to have one. A skilled workers’ compensation lawyer can help you pursue all the benefits you deserve and overcome any hurdles that arise along the way. Without legal representation, many workers are paid too little.

Additionally, without legal guidance, one of many circumstances may arise. This can include:

  • Without proper documentation, certain treatments, procedures and surgeries might not be covered when they should have been.
  • You will not be awarded sufficient benefits because the severity of your injury was not properly conveyed through the application.
  • The insurance company may downplay your condition, even if it was properly documented, to avoid paying all that you are entitled to.
  • A claim might be denied because of a preexisting condition.
  • The insurance company may deny your claim for permanent disability, whether total or partial, even though you and your doctor both believe that your health will not allow you to continue working.
  • Your employer may dispute any of the decisions made by the state’s workers’ compensation division.
  • Without an attorney, you may not understand additional claims outside of workers’ compensation that might be available to you, including third-party liability.

A skilled attorney can help you avoid mistakes in your application that might lead to one of these situations. From the beginning, our lawyers will help you with the application process and make you feel more comfortable with how it will proceed.

Our lawyers will work tirelessly to ensure that you are being treated fairly and awarded all that you are entitled to in the workers’ compensation process. Should the insurance company or your employer push back on your claim and try to provide you with less than you need and are entitled to, we will act on your behalf. You can be assured that your claim is being professionally handled as you turn your focus toward healing and recovery.

Who is eligible for workers’ compensation in New Jersey?

Employees who have sustained a work-related injury or illness are generally eligible for workers’ comp in New Jersey. This coverage is no-fault, which means that you’re eligible for benefits regardless of who was at fault for the injury.

What benefits are available for a workers’ compensation claim in New Jersey?

Depending on your situation, you may be eligible for several types of workers’ comp benefits, including:

  • Medical treatment for your injury
  • Wage replacement if you’re unable to work
  • Compensation for any permanent disability caused by the workplace injury or illness

These benefits are designed to help you recover and return to work, if possible. They’re a financial safety net.

Can I get fired for filing a workers’ comp claim in New Jersey?

It is against the law for a New Jersey employer to fire an employee in retaliation for filing a workers’ comp claim. If this happens to you, you might be eligible to file a workplace discrimination complaint with the state Division of Workers’ Compensation. If your complaint is successful, you could be restored to your old job and compensated for the wages you lost in the meantime.

What medical evidence is needed to get workers’ compensation for a work-related injury?

Medical evidence plays a key role in getting workers’ comp benefits. In New Jersey, you typically don’t have the option to choose your own doctor for a workplace injury; your employer or their insurance carrier will direct you to an authorized medical provider. The medical professional will document your injuries or illness. This evidence will serve as the foundation of your workers’ compensation claim.

When can you sue a third party for a workplace injury?

In some cases, you may be eligible for both workers’ comp and compensation through a third-party personal injury claim. You may have grounds to sue a third party – that is, someone other than your employer or co-workers – if their negligence contributed to your injury. Examples of third parties include vendors, contractors or manufacturers of faulty equipment. Negligence is the key element of these claims, so it’s critical to work with a lawyer who understands both workers’ comp and personal injury, as ours does.

What should I know about going back to work after receiving workers’ comp?

Returning to work is a significant step. You should only return when you are medically cleared to do so. Sometimes, you may return to light or modified duties as you recover. Always communicate with your medical provider and our legal team to ensure that your return to work is appropriate and doesn’t jeopardize your health or workers’ compensation benefits.

What should I do if my claim is denied?

You have the right to challenge a denied workers’ comp claim on appeal. This could involve requesting an informal hearing before a judge of compensation, whose suggestions for settling the dispute are nonbinding but can often help you and your employer settle the matter fairly. Other times, a more formal appeal with a trial is necessary. The judge’s decision at the end of the trial can be appealed to the Appellate Division of the Superior Court.

Have More Questions? We Have Answers.

If you want to know more about your employee rights and how to defend them, contact our New Jersey attorneys today. Schedule your initial consultation at one of our offices in Hackensack or Ramsey by calling 551-587-8915 or emailing us here today.