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When you’re injured on the job, it can affect your life in more ways than you ever imagined. Not only are you unable to work, you are also faced with the uphill battle of recovery. You are living with pain every day and doing your best to recuperate.
On top of the physical and emotional challenges are the financial challenges. Medical bills are piling up and you may be struggling to make ends meet.
It may seem like everything is falling apart – and the most frustrating part is that you didn’t do anything wrong.
We know that life after an accident can be overwhelming, but we are here to help you get through this, to make the best possible recovery, and to overcome this financial hardship. We want to help you get your life back on track.
You just need a little help.
If you were injured by a defective product or negligent vendor at work, you’ve come to the right place.
When you went into work the day of your injury, you weren’t planning to have your life turned upside down. You had things you wanted to accomplish, a job you needed to do, but life had other plans. Every year, 2.9 million Americans get injured at work; many of those injuries are serious (Bureau of Labor Statistics).
New Jersey law requires companies to pay the medical costs for employees injured on the job, but what if your employer isn’t the reason you were injured? Negligent vendors or faulty equipment can cause life-threatening accidents and injuries. If someone else’s negligence causes your injuries at work, you may be entitled to compensation.
Workers’ compensation is an insurance policy paid for by your employer. States require that businesses pay a premium for each employee. After an injury, the victim can use this money to cover medical costs and other approved expenses. According to New Jersey law, workman’s comp covers:
The workers’ compensation process is different from other personal injury claims in New Jersey. All workers’ comp claims filed in the state go through an agency called the New Jersey Division of Workers’ Compensation rather than the court system.
The state of New Jersey requires that companies pay to cover each employee. In some limited cases, the state may approve a company for an exception, in which case they have to offer their own injury insurance.
Despite this, the worker’s comp is far more popular with employers than other taxes. Workman’s comp protects businesses from potentially more expensive personal injury claims. Unless the business knowingly puts an employee at risk, the victim must file a workman’s comp claim, not a lawsuit.
However, if your injury occurred due to a defective product or vendor, you could file what’s known as a third party claim. Workers’ compensation does not prevent you from seeking damages from a negligent third party.
The program also benefits employees. Employers have money set aside to pay for injuries, making it easier to file a claim successfully. In addition, workman’s compensation claims are often generous. An experienced lawyer can get employees money to cover any related cost.
Every employee, whether full-time or part-time, working for a small business or a large one, is eligible for workers’ compensation benefits if injured at work. State laws even specify that domestic and farmworkers are covered, the New Jersey Division of Workers’ Compensation reported.
One type of worker that may not qualify for workman’s comp is the “independent contractor.” This includes handymen and workers in the new “gig” economy, such as drivers using ride-sharing apps.
But the Workers’ Compensation Act in New Jersey takes a broader view of who is an “employee” than many other states. Under this Act, an independent contractor means something different for injuries than it does for taxes. According to the IRS, your 1099 might designate you a contractor, but you may still qualify for workers’ compensation benefits.
To help determine who qualifies as an eligible employee, the Workers’ Compensation Act looks at several factors, including:
If you injured yourself while working as an independent contractor, you could still qualify for workers’ compensation. Not sure if you qualify? No problem! Give us a call and let one of our experienced employee lawyers review your claim for free.
In New Jersey, workers’ compensation is a form of no-fault insurance. What this means is that no matter who or what caused your injury at work, the policy covers your costs. In a typical personal injury claim, to get compensation, you have to prove that the other party is responsible for your accident. This means that even if you are responsible for your accident, you still qualify for workman’s comp. For employees, the only way their injury is not covered is if they were using a controlled or illegal substance during the accident.
Because the policy covers your injury no matter what, it also means you can’t sue your employer. Even if they were clearly negligent, the no-fault policy protects them as well. This is the trade-off of a no-fault policy.
Of course, there are some exceptions. If you (as a worker) were intentionally harmed, you might be eligible to file a claim against your employer. In addition, the no-fault policy often does not cover any third-parties involved in your work injury.
If you feel like your employer intentionally put you at risk, contact us immediately after you consult with your doctor. We’ll review your accident and let you know if we feel your suspicions are correct and then help you build a case.
You can’t sue an employer for causing a work injury, but you still have legal rights. If someone else caused or contributed to your accident, you could pursue a claim against that party. Third-party workers’ compensation examples include claims against:
Many large stores have third-party vendors manage to stock their own merchandise on the shelves. For example, in Wal-Mart, Coke, and Pepsi stock the soda, not Wal-Mart employees. In most cases, the no-fault policy does not protect vendors from lawsuits.
If your employer does not own the property you’re working on, that owner could bear responsibility for your accident.
If a car or customer hit you while you performed work-related duties, they could be at fault.
When you let us handle your workers’ compensation claim, we identify anyone else who may be at fault for your accident. Console and Associates have won millions of dollars in personal injury claims against 3rd parties.
After 25 years of arguing cases in New Jersey, our experienced team knows what rights you have under the law. We’ll make sure that we hold every responsible party accountable so that you get the justice you deserve.
An injury is covered under workers’ comp if it, is arising out of and in the course of the employment.” Typically, this covers any injury you receive while “on the clock” at work performing normal work duties. This can include traumatic accidents, occupational diseases, and injuries caused by toxic substances or repetitive motion. Specific examples would be injuries sustained by falling from a ladder to or by getting into a car accident while performing a delivery.
If you work in a no fault state, you might wonder why you would need a New Jersey workers’ comp attorney at all. You’re entitled to benefits no matter who is at fault, right?
In theory, yes, but in reality, getting the money you deserve isn’t always as easy as submitting a few forms.
Although more than $2,000,000,000 in workers’ compensation benefits are paid out to injured New Jersey employees every year, the average worker received just $595, the New Jersey Department of Health reported.
Can you pay your bills on $595? Feed your family? Afford the medical care you need to get better? Probably not.
If you want to make sure you receive all of the compensation available to you after a work injury, and who doesn’t?, then you will need a New Jersey workers’ compensation lawyer to fight for you.
Work injuries occur in many different ways. Some happen in dramatic accidents, changing lives in a matter of seconds. Others occur over months or years of repetitive movements that cause damage to your body over time.
According to the Bureau of Labor Statistics (BLS), the most common work injuries include:
In some cases, your injury occurred due to the actions of someone other than yourself or your employer. If they caused your accident, you could file what’s known as a third-party claim against them.
If you’re not sure if you have a case, call us. When you contact Console and Associates, we don’t treat your case as a number. Instead, we investigate every detail so that we understand who’s at fault and what your options are. You’ll never pay any legal fees unless or until we win, period.