Every business that has employees, even one, must take out a workers compensation policy. If you’re a small business owner like a sole proprietor, partner, or LLC member then you would generally add yourself to the policy at that time. You don’t have to, of course. It’s an optional thing, and it’s not done automatically. Yet you probably should. After all, you’re just as likely to get hurt on the job as your employees are. In some cases, you may even be a “key” employee, as in your business cannot easily survive without you. While workers compensation won’t help with that (that’s what key employee insurance is for) your duties do help to demonstrate that as a small business owners you may well be taking actions, every single day, that could mean you get hurt. Even office workers and telecommuters can get hurt on the job, after all. When you
Read MoreMany people in New Jersey work multiple jobs, or work part time in the gig economy while working full-time at more traditional pursuits. Yet many don’t know that having multiple jobs can complicate workers compensation. The first thing you have to know is that if you get injured on the job you only get workers compensation for the job you were injured at. This means if you get injured on your part-time job you’ll only get replacement wages for the part-time job, while being forced to quit work at your full-time job. Life can get even more complicated if your problem is a repetitive stress injury. In that case you might have sustained the injury on both jobs but would have to prove it, with each employer trying to shift the responsibility to the other employer. Your full-time job will also be under no obligation to hold your job or
Read MoreFor many hourly workers, every day that an employee isn’t on the job is a day when that employee is not making money. For employees who live paycheck to paycheck, that money is vital. Fortunately, in New Jersey you should receive back pay for the days that you missed if you missed more than 7 days of work. The first week is called the “waiting week.” As of right now if your disability is related to Covid-19 the seven-day waiting period has been eliminated. You’ll be paid back pay for your temporary disability benefits once your benefits are awarded. What is the maximum benefit for lost wages? The benefit maxes out at 70% of your average weekly wages, or $945, whichever is smaller. You can receive these benefits for a total of 26 weeks. In some cases you may be able to extend the benefit, but you will need to
Read MoreIf you are planning to file for worker’s compensation protection after contracting Covid-19 at work, you probably need to plan on getting an attorney right away. Even workers at hospitals and nursing homes are struggling to get compensation after contracting the virus. For example, in one New Jersey case the widow of a housekeeper at a nursing home is trying to get workers compensation death benefits. Her husband’s employer gave him no PPE. They refuse to cover her husband’s ICU bill or survivor’s pay. The state senate recently has passed a bill that provides expanded protection to essential employees, creating a presumption that Covid-19 contracted by essential employees is a work-related injury for the purpose of receiving benefits. The bill has not yet been enacted into law. The bill is currently before the Assembly Labor Committee. The bill would require employers of essential employees who wanted to fight employees on
Read MoreRight now it’s theoretically possible to claim workers compensation if you contract Covid-19 on the job. The problem is proof…you would still have to prove you got Covid there, and not from your other activities. This isn’t impossible, but is really difficult. A proposed bill, S2380, would change all that, at least for any worker deemed essential. The bill would be retroactive to March 9 and would include a presumption that if an essential worker gets sick with Covid-19, it happened on the job. What if my employer made me sign a waiver? Employer waivers are gaining some popularity right now, but they’re not worth the paper they’re written on. Employers also can’t really make you sign such documents. Some employees feel forced to because they are aware some employers will find other ways to fire them if they don’t, but even those shouldn’t be too worried. Employers can’t make
Read MoreOne reason some workers are reluctant to claim workers compensation benefits is they feel as though the accident was their fault. Sometimes anyone can have an off day and work a little clumsily, forget a vital safety precaution, or otherwise create a condition which can lead to an accident or an injury. Fortunately, New Jersey’s workers compensation system is a no-fault system. For the most part, the only condition you will have to meet to be eligible for benefits is to be injured at work and to report that injury. What Disqualifies You From Workers Comp? The first thing that can disqualify you is willful misconduct. That is you were horsing around, abusing alcohol or drugs, or were willfully ignoring or violating company policies. A self-inflicted injury also won’t be covered by workers compensation, i.e., slitting your wrists while you’re in the workplace bathroom. You can also lose your workers
Read MoreWhile New Jersey is working its way through a phased reopening, there are still plenty of employees who will continue to work from home until a vaccine is found and administered. This has led many who are able to perform their duties in this capacity to wonder whether workers compensation still covers them. As with many legal questions, the answer is “it depends.” The employee will need to prove that the injury arose out of and in the course of employment. For office workers, certain repetitive stress injury claims may not be at all impacted by working from home if they can be clearly tied to job duties requiring the employee to type or use a mouse for hours at a time. You may also find it easier to file a claim if it can be proven that you were doing work at the time of your injury or accident.
Read MoreAny job can put a lot of stress and strain on the body. In both industrial jobs and office jobs, there are opportunities to incur repetitive stress injuries. Under New Jersey laws these are known as “wear and tear” injuries. While this terminology may make you feel a little bit like you’re being treated like an apartment or a car, the fact is that the law does allow you to receive compensation when work inexorably robs you of your health. It doesn’t all come down to traumatic accidents or chemical exposure. Carpal tunnel syndrome is a well-known example, but there are others, such as rotator cuff injuries. Some of these injuries can have a severe impact on a person’s ability to function in their day-to-day lives. However, you do have to take the appropriate steps to get the compensation you deserve. First, you’ll need to provide your employer with written
Read MoreRight now, New Jersey workers compensation does allow for claims related to the Covid-19 virus. There’s just one problem. In most cases, employers and their insurance companies don’t have to pay the claim if you can’t prove there was a direct line from your job to your infection. Because Covid-19 is so ubiquitous, and capable of spreading through asymptomatic carriers, this can be very difficult. Currently, many essential workers are having to turn to other New Jersey programs liked paid sick leave to try to bridge the gap. For some, this aid will be enough. For others it won’t, especially if the infection lands them in the hospital. Many essential workers are uninsured, which means Covid-19 could cost them up to $75,000. Going to the ICU or being put on a ventilator is extremely expensive. In fact, if your symptoms aren’t severe it’s usually best to just isolate at home,
Read MoreMany employers will do just about anything to save a buck, even if it means sacrificing employee well-being. If that weren’t the case, there’d be no need for workers compensation lawyers or lawsuits. Some tricks are common and even expected. You can watch out for them if you’ve taken the time to educate yourself about New Jersey workers compensation law. Trick #1: Misreporting After you report your injury to your employer you should receive a First Report of Injury form back from the insurance company. It’s important to scrutinize this document closely to ensure the facts listed on the document match the facts of your case. Don’t just look at the injury description, since employers sometimes misreport wages too. This is especially common in cases where employees often work overtime. The employers “forget” to include that overtime when calculating average weekly wages. Trick #2: Failing to Report the Injury Fast
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