Answering Common Questions About Workers’ Compensation
At Fishman & Fishman, LLC, we are proud to help injured workers with their legal needs and protect their interests. Below, we share some common questions and concerns we have addressed at our Lawnside and Hammonton offices about workers’ comp. We hope this content is a helpful reference for you or a loved one.
What should I do immediately after I’m injured on the job?
You or someone else on your behalf should notify your supervisor or employer of your accident as soon as possible to obtain medical treatment. Please note that treating physicians should be chosen from a list provided by the workers’ comp insurance carrier. Otherwise, insurance may not cover your medical expenses. According to New Jersey law, all employers should have workers’ compensation coverage if not covered by federal programs.
What does workers’ compensation cover?
It includes medical benefits and total, partial, temporary or permanent wage replacement benefits for individuals injured while working or who suffered any job-related illness. In the case of a fatal injury, it includes death benefits for the worker’s beneficiaries of up to 70% of the weekly wage the deceased earned.
Can I sue my employer if I find out that my employer was responsible for my accident?
You may not be entitled to sue your employer if you receive workers’ comp benefits as these benefits are granted under the provision that the injured worker will not initiate any civil action against an employer. However, if you can prove that your employer acted intentionally to injure you, then you may consider filing a lawsuit against your employer. Other applicable cases where you can file a lawsuit include when a contractor or vendor different from your employer caused your accident. Under such circumstances, it is vital to discuss your options with a knowledgeable and experienced attorney to learn your options.
When do I need a workers’ comp attorney?
In addition to the scenarios under which your employer caused your accident intentionally and those involving vendors or contractors, a reliable and skilled workers’ comp attorney can help you if:
- Your employer denies the payment of your benefits, or your employer retaliates against you for filing for insurance benefits.
- Your settlement is insufficient to cover your expenses and medical bills.
- You suffered severe injuries that might put your capacity to work at risk.
A lawyer can also help you learn your rights and benefits so you can ensure you are receiving fair compensation and have all you need to recover and move forward. The attorneys at Fishman & Fishman, LLC, are ready to answer your questions in a free initial consultation.