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Trenton Workers’ Compensation Lawyers

Trenton Worker's Compensation

Getting hurt at work can be a traumatic experience. Not all work accidents have to take place in a warehouse or factory. They can occur in an office building or even a restaurant.

When a work-related injury happens, employers must provide Workers’ Compensation, which will help cover medical costs and a portion of lost wages. Not all employers are forthcoming when it comes to providing Workers’ Compensation. They might attempt to deny a claim or delay the process. There are various reasons why this could happen, but a New Jersey Workers’ Compensation lawyer can protect your rights and help you receive your entitled benefits.

What Is Workers’ Compensation?

Trenton Workers' Compensation

Workers’ Compensation is insurance that most employers must carry to cover work injury-related medical expenses and a portion of lost wages. The insurance is considered no-fault, meaning that negligence does not need to be involved in the accident in order for you to collect benefits. You are prohibited from filing a suit against your employer in exchange for Workers’ Compensation benefits.

There are circumstances in which you could be ineligible to receive Workers’ Compensation. If you engaged in an activity outside the scope of your job description, that could be grounds for denial. Such as if you were using a machine for personal reasons or engaged in a physical altercation with a coworker. 

You can also be denied if you were under the influence of drugs or alcohol at the time of your accident. In addition, if there were posted safety procedures in place that you failed to follow, you could be denied benefits. You can be denied benefits if you deliberately injured yourself or asked someone else to injure you.

What Does Workers’ Compensation Cover?

Workers’ Compensation is meant to protect you from severe financial hardship should you become injured while performing your duties at work. Workers’ Compensation benefits include:

  • Medical expenses: When you sustain an injury due to a work-related accident or conditions at work, you should seek medical attention right away. To qualify for Workers’ Compensation, you must go to the doctor your employer has approved. Workers’ Compensation will cover all doctor visits, tests, medications, and treatment, including surgery.
  • Temporary total benefits: New Jersey does not provide your full salary if you cannot return to work; instead, it pays a portion. Temporary total benefits are for those who cannot return to work for more than seven days. They will be provided with about 70 percent of their average pay rate up to a maximum amount. You can receive these payments until 400 weeks, a doctor clears you to return to work, or you reach maximum medical improvement (MMI).
  • Permanent partial benefits: Permanent partial benefits depend on the type and severity of the injury. These benefits are also given to employees who can return to work but not in the same capacity before the injury. This payment starts once the temporary benefits conclude and will be dispersed in weekly payments.
  • Permanent total benefits: Those whose injuries are so severe that they cannot return to work will receive permanent total benefits. This pays the same as the temporary total benefits until they reach the maximum amount. They run for about 450 weeks and can be increased should the person remain fully disabled.
  • Death benefits: If a family loses a loved one in a work-related accident, Workers’ Compensation will assist them. The expenses it will cover include $3,500 in funeral and burial costs. There is also compensation based on the number of dependents the worker had. One will receive about 50 percent of the deceased worker’s wages. The amount goes up per dependent by five percent for each additional dependent up to 70 percent of the deceased worker’s wages for a maximum of 450 weeks from the date of death.

Workers’ Compensation will not cover non-economic expenses, such as pain and suffering and loss of companionship. There are occasionally opportunities to file a third-party liability claim, in which case you will be able to file for those expenses. You should speak with a New Jersey Workers’ Compensation lawyer to determine if you have such a case available to you.

What Should I Do After a Work-Related Accident?

Trenton Workers' Compensation

If you are involved in a work-related accident, you need to act quickly to ensure your safety and make sure that you can secure your needed Workers’ Compensation benefits. 

The first step is to seek medical attention. Even if you do not believe you have a severe injury, you should still have a doctor check you out. Make sure it is a doctor that your employer has approved.

You will also need to report your accident to your employer. You should do this right away. You can report it after your accident or as soon as you can return to work. In the report, you will explain what happened, the circumstances that led to the accident, and any injuries you believe you have sustained. This report will initiate the Workers’ Compensation process.

You should also collect any evidence, such as a timesheet that proves you were working at the time of the accident. You can also take pictures of where the accident occurred, including the conditions that might have contributed to your accident. Talk with your coworkers about what they saw and get their contact information if necessary. 

Do not be in a rush to sign an agreement with your employer’s insurance in case they are looking to offer you a lower amount than what you deserve. You should speak with a New Jersey Workers’ Compensation lawyer ahead of time.

New Jersey Workers’ Compensation Lawyers at Kotlar, Hernandez & Cohen, LLC Are Here to Help You After a Workplace Accident

If you have a work injury and are having issues with your claim, speak with one of our New Jersey Workers’ Compensation Lawyers at Kotlar, Hernandez & Cohen, LLC. Call us at 856-751-7676 or contact us online to schedule a free consultation. Located in Mount Laurel, Cherry Hill, Trenton, Vineland, New Jersey, and Trevose, Pennsylvania, we serve clients throughout New Jersey and Pennsylvania.

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856-751-7676 16000 Commerce Parkway
Suite C
Mt Laurel Township, NJ 08054 Monday - Friday | 8am - 5pm

856-751-7676 1913 Greentree Rd
Suite C
Cherry Hill, NJ 08003 Monday - Friday | 8am - 5pm

856-751-7676 1234 Bridgetown Pike
Suite 200
Feasterville-Trevose, PA 19053 Monday - Friday | 8am - 5pm

Trenton, NJ Office
Vineland, NJ Office