What Qualifies As Workers’ Compensation?
Posted July 18th, 2021 by Anthony Carbone.
Categories: Workers Compensation.
Union City, New Jersey, is known for its numerous businesses. At the core of such enterprises are the workers drawn from its vast population of over 65,000. Workers are the most important component of any business, and therefore business owners have done as much as they can to make the workplaces safe or safer for them. However, cases of workplace-related illnesses are on the rise. Such injuries can leave you in a lot of physical pain, emotional distress/trauma, and inability to work. Luckily in severe cases, you may be able to seek compensation through the workers’ compensation insurance program or a third party claim.
Have you been injured at work and are wondering what to do to claim compensation? Here is a few details a Union City Personal Injury Attorney can help you understand.
What qualifies as workers’ compensation?
When an employee/worker is injured while at work, or he/she develops an occupational illness, they may be entitled to workers’ compensation injury and are eligible for a claim with the owner’s business insurance policy.
If the claim goes through, a worker might be entitled to the following;
- Receiving medical coverage
- Wage replacement for the time they were unable to work due to the injury.
For one to be eligible for the workers’ compensation, one must;
- Be an employee of the given business
- Your injury must be work-related
- Employees must be meeting reporting deadlines
- The injured worker/employee must attend medical appointments, examinations, and treatments without fail.
Seeking Compensation for a Work Injury
If you sustain a work-related injury or develop an occupational illness, there are two options available to you for securing compensation. Your choice will often depend on your preference, the circumstances surrounding your case, and your attorney’s advice. Your options include:
Filing a Worker’s Compensation Claim
The workers’ compensation system is usually the first place an injured worker turns to, and with good reason. It is state-mandated and doesn’t require you to prove fault. In most cases, all you need to do is file an injury report with your employer and await benefits.
Filing a Third-Party Liability Claim
Workers’ compensation works on the doctrine of exclusive remedy, limiting a worker’s right to sue their employer if they recover benefits. This means that it may be impossible to file a personal injury lawsuit against your employer unless they intentionally injure you.
That said, you can still pursue a claim against a non-employer third party who is at fault for your injury or illness. Common examples include a negligent electrician or landlord.
Workers’ Compensation Benefits in New Jersey
The New Jersey Workers’ Compensation Act allows employees to receive weekly benefits or a lump sum payment to cover medical expenses and a percentage of lost income. New Jersey was one of the first states to adopt such a program and had one of the most developed acts. Under it, injured or ill workers may be eligible for the following:
- Medical benefits – These benefits are designed to cover all your medical expenses, including ambulance costs, hospital stays, treatment, diagnosis, medication, and medical devices.
- Temporary total benefits – These are awarded at a percentage of your weekly wages when your injury keeps you from working for more than seven days.
- Permanent partial benefits – These benefits are based on the level of functional loss and are paid when your injury or illness causes a permanent disability.
- Permanent total benefits – These are paid out at 70 percent of your average wages up to an allowable limit when you are permanently disabled and unable to return to work.
- Death benefits – Received when the surviving dependents of a deceased worker up to a certain limit.
Get Help from an East Newark Workers’ Compensation Attorney
A worker injury claim is not always a cut and dried case. Your employer or insurer could decide to reduce or deny your injury claim, leaving you with nothing to cover your losses. However, an experienced attorney can review the facts of your case and help determine fault as well as the compensation you deserve.
If you have sustained a work-related injury, it is never too soon to speak to an experienced Union City Newark Workers’ Compensation Attorney. Attorney Anthony Carbone has been representing injured workers in New Jersey for over 30 years. Contact him and his team at 201-733-2230 to schedule an initial consultation.