Experienced Legal Counsel For Workers’ Compensation Claims In Mount Laurel

Understanding The Workers’ Compensation Process In New Jersey

Every hard-working American has a right to work in the safest environment possible. Employers in this country are obligated to provide a safe and healthy working environment for all of their workers. However, when accidents do occur, the workers’ compensation system in New Jersey is designed to provide benefits to employees (even undocumented immigrants) who suffer work-related injuries or illnesses. This no-fault system ensures that injured workers receive medical treatment, compensation for lost wages, lost future wages, future medical expenses, permanent disability, compensation for impairment and disfigurement, and dependent death benefits.

At Flynn Law, we navigate these legal waters with you, helping to file claims, negotiate with insurance companies and represent you in hearings if disputes arise. Our experience allows us to tackle complex cases and secure the benefits you rightfully deserve.

Common Injuries And Accidents That Can Lead To A Workers’ Compensation Claim

A workplace injury is any injury or illness sustained while in the workplace or due to the negligence of their employer. At many job sites, especially construction sites and manufacturing facilities, the use of heavy equipment and working from heights create a danger to workers.

Common workplace accidents include:

• Equipment malfunctions
• Falls from heights
• Car or truck accidents
• Fires and electrical shocks
• Forklift accidents

We will help you determine whether your injury, mental trauma or illness was caused by or occurred during your employment. Another common question some workers have about their workers’ compensation is whether their pre-existing condition can be covered by workers’ compensation, luckily the answer to that is, yes.

However, we must prove that your pre-existing condition was made worse by the conditions of your workplace and stopped you from completing the standards of your job. Any injury, mental trauma or illness that impairs your ability to complete the necessary parts of your job will be covered regardless of any injuries you had been living with, before the workplace injury.

Types Of Injuries That Trigger Workplace Compensation Claims

There are a lot of different ways that employees can get injured in the workplace. Some of the most common examples of the types of injury sustained in a workplace include:

• A soft tissue injury, like a muscle strain or sprain
• Injuries to the upper or lower back area
• Broken bones from falls or malfunctioning equipment
• Hernias, which must be reported within 48 hours of the injury
• Spinal cord injuries that could lead to nerve damage or paralysis
• Traumatic brain injuries
• Repetitive stress injuries to joints, like wrists, back, knees, etc.
• Blindness or hearing loss caused by the environment of your job,
• Burns, amputations or loss of a vital part of the body

However, injuries do not have to be strictly physical to obtain workers’ compensation benefits. It is possible for workers to sustain a mental impact from traumatic events on the job or in an unsafe environment. Along with physical and mental injury, illnesses can also be covered by the workers’ compensation your employer provides you. These illnesses can be caused by exposure to toxic chemicals in the workplace.

Steps To Take If You Are Injured At Work

If you have experienced or sustained an injury on the job or believe that your job leads to a work-related illness, our legal team recommends that you report your injury or illness to your employer as soon as possible. There are extremely specific time limits placed on workers’ compensation claims, for example, if you try to file your claim after the deadline has passed, your likelihood of collecting compensation can be severely diminished.

After alerting your employer to your injury, the next step is to go see a doctor or health care professional with a specialty that can help to treat your injury. Not only is the doctor important to ensure that your injury is treated, but to also acquire documented evidence suggesting that your injury is debilitating and does not allow you to work.

Your doctor or specialist will provide documented evidence for you to bring to your employer to strengthen your case for workers’ compensation. It is vitally important that you keep all documents and records before your employer, doctor and insurance company. These documents can help in the future if any issues arise in your receiving benefits.

Settling Your Work Injury Case

The most common way of handling a workers’ compensation case, is for you and your employer to settle the matter out of court to decrease legal fees and headaches on both sides. The compensation from a settlement can be given to you in two different ways, either by lump sum or it can be dispersed over time. Many settlements can include the right to reopen your claim at a later date to receive additional treatment and additional monetary compensation.

These settlement cases can be more complicated depending on the extent and severity of your injuries, your doctor’s long-term prognosis for you, and your individual circumstances. Our legal team has the experience to take even the most complicated cases and simplify them to ensure that you get the most favorable settlement or compensation possible.

If you’ve been injured in a workplace accident or because of the negligent actions of your employer, we understand that it can be extremely confusing and difficult to determine your best steps forward.

Determining Liability In A Third-Party Workplace Injury Lawsuit

There are several possible parties that could be responsible for your accident and therefore could be responsible for paying out your compensation. First, the owner of the property or building you work on may be negligent, allowing their property to fall into disrepair and leaving workers with an unsafe work environment.

Another possibility is the manufacturer of any faulty or dangerous equipment that can expose workers to serious danger. Finally, possible negligent parties may even be contractors or subcontractors that work in the same area as you, they could possibly leave their work environment unsafe for other workers.

In most cases, employees cannot sue their employer as long as the employer provides them with reasonable and fair workers’ compensation internally. However, there are some very specific circumstances that may allow you to sue your employer, equipment manufacturer or contractor/subcontractor.

These instances include:

• In the case that your employer doesn’t provide workers’ compensation or allows their workers’ compensation policy to lapse, leaving their employees open to serious financial trouble if they are injured.
• In the case that your injury was caused by a defective product or piece of industrial equipment, you may be able to sue the manufacturer for their negligence in manufacturing the product.
• If you develop an illness or serious condition due to exposure to toxic chemicals or other industrial components.
• If your injury was caused by the negligence or malice of a third-party AKA, not your boss or overall employer.
• Your employer acted out of malice to injure you and you can provide substantial evidence.

These are commonly referred to as “third-party” lawsuits. In the case that you have the evidence to win a third-party lawsuit, it is very possible that you receive significantly more compensation than you would receive in a run-of-the-mill workers’ comp case.

How We Can Help You With Your Claim

Filing a workers’ compensation claim against your employer can be an extremely complicated issue that may leave you confused about whom exactly to go after for your compensation. When filing a claim or lawsuit against your employer, it is absolutely vital that you have substantial evidence. You will need to prove that your injury occurred at work. You may also need to provide evidence that your employer was negligent or intended to harm you. In some cases, employers let their workers’ compensation insurance lapse, which can also prevent payment of a workers’ comp claim.

With such a large standard of evidence, it is important that you contact a New Jersey area workers’ compensation attorney to ensure that you can provide all the necessary evidence needed to get you the compensation you deserve.

Our attorneys will do everything in our power to ensure that you get the compensation necessary to support yourself as well as your family in this very turbulent time. It is important to remember that there is a two-year statute of limitations, or time limit that will leave your case dead on arrival if you allow it to pass without filing. This time limit makes it very important that you contact a New Jersey workers’ compensation attorney to ensure that your case can be filed on time and that you can collect the necessary evidence needed to win your case.

Call Our New Jersey Workplace Accident Lawyers

Our team of New Jersey workplace accident attorneys operates extensively to build a solid case to support you and obtain the most favorable compensation possible. If you have been seriously injured in a work accident in New Jersey, Pennsylvania, Delaware or New York. call us toll-free at 888-774-2960 or fill out an online contact form to schedule a free consultation at our Mount Laurel office.