It is the legal right of an individual who is injured at the workplace to file a workers’ compensation claim and receive workers’ compensation benefits. This is regardless of the profession, core business, type of injury, or mechanism of injury.
In New Jersey, as in other states, there are limits on the timeframe, requirements for reporting the injury, and procedure for filing a workers’ compensation claim, but provided the necessary legal processes are followed, nothing should prevent an injured employee from exercising his or her right to compensation.
Therefore, in New Jersey any action by an employer to dissuade or prevent an employee from filing a valid workers’ compensation claim should not be tolerated. This begins with an employer’s failure or delay to report an employee injury to the proper insurance provider and extends to forms of retaliation against an employee who does file a workers’ compensation claim. The law takes steps to protect an employee’s right to workers’ compensation, even after a valid claim is filed or benefits received.
What Is Retaliation?
The most obvious form of retaliation after a worker’s compensation claim in New Jersey is the employer terminates the employee. Under the New Jersey Workers’ Compensation statute, an employer is prohibited from terminating an employer in retaliation for a workers’ compensation claim. Termination is also inexcusable for retaliation against an individual who testifies at a hearing in a workers’ compensation case.
However, retaliation does not have to be as overt as termination. Retaliation takes the form of …Read More
Often, an injury at work is unexpected. Even in jobs and industries where manual labor is common or risky situations arise, employers typically have processes in place to prevent employees from hurting themselves or others. However, every day accidents do occur on job sites and in the workplace. As it turns out, certain injuries are much more common than others.
How Are You Likely to Get Hurt at Work
Regardless of industry or job description, the most common injuries in workers’ compensation claims in New Jersey are strains and sprains. The Department of Labor has found that this is also the most common type of injury in the workplace nationwide. Insurance providers estimate that these claims amount to approximately 30% of workplace injuries in the United States.
Strains and sprains are less likely than more serious injuries to be reported by an employee to his or her employer. Prompt notification of an injury is essential for a successful workers’ compensation claim in New Jersey, and “toughing it out” for days, weeks, or even months could prevent recovery.
If you need advice on reporting a strain or sprain or if you are receiving pushback from an employer or insurance company on a claim for workers’ compensation from a strain or sprain, contact a New Jersey workers’ compensation lawyer, such as the Law Office of Albert J. Talone for advice.
Other Common Workplace Injuries
While strains and sprains are by far the most common injury on the job, there are other common …Read More