If you’re injured on the job, you’re entitled to compensation for certain costs related to the injury, such as medical bills and lost income. However, receiving compensation requires following all steps correctly, including timely incident reporting.
The best way to ensure that you recover your full benefits is by working with an attorney. Stark & Stark PC is ready to provide a no-risk consultation to determine how we can help with your workplace injury and workers’ compensation claim. Call us at (800) 535-3425 today.
Why choose Stark & Stark’s NJ workers compensation attorneys
Clients turn to Stark & Stark when they need a New Jersey workers’ compensation lawyer. Since 1933, we have earned the trust of our clients over and over again by consistently providing them with sound legal advice and working tirelessly to protect their rights. Our philosophy of putting the law to work for our clients will continue to be the cornerstone for building and maintaining our client relationships.
We’ve helped injured workers just like you
We’ve helped injured workers from many industries and job types claim compensation for their injuries, including:
- Police
- Firefighters
- Corrections Officers
- Healthcare and Institutional Workers
- Hospitality Workers
- Transportation Workers
- Warehouse and Delivery Persons
- Livery Workers
- Truckers
- Office workers
- Meat Workers
- Glaziers
- Chemical Workers
- Electricians
- Iron Workers
- Carpenters
- Phone Company Workers
- Laborers
- Plumbers
- Bank employees
Your rights as an employee under NJ law
In New Jersey, the workers’ compensation system is a “no-fault” system. This means that an injured worker may receive benefits even if they were responsible for the incident that caused the injury.
In exchange for these benefits, workers in New Jersey surrender the right to bring a civil action against their employer for pain and suffering or other damages.
Right to receive fair, timely workers’ compensation benefits
You’re entitled to receive compensation from your employer through their workers’ compensation insurance carrier for the costs associated with your injuries. Notice must be received promptly to minimize the risk of being unable to receive necessary procedures or to cover essential costs after the injury.
However, there are limitations and the insurance company will likely try to use the facts against you to identify a limitation so that your coverage can be reduced or denied altogether. That’s why it’s so important to meet with an experienced New Jersey workers’ compensation lawyer as soon as possible.
Right to receive additional benefits if the injury has a permanent impact on your life
You may be eligible to receive additional benefits if your work-related injury permanently impacts your life, even after being discharged from medical treatment.
Types of workers’ comp benefits available in New Jersey
When you sustain an illness or injury at work, your workers’ compensation benefits may include the following.
Medical benefits
Workers’ compensation benefits cover medical treatment, prescriptions, hospital services, and rehabilitation linked to your workplace injury that is deemed necessary, reasonable, and related.
Payment for these services is made by your employer’s insurance carrier or employer if they’re self-insured. Your employer and/or insurance carrier can designate medical providers for all work-related injuries.
Temporary total disability benefits
When your workplace injury or illness causes you to be out of work for more than 7 days, you’ll be eligible to receive temporary total disability benefits retroactively to the first day that income was lost due to the injury or illness.
Your temporary total benefits provide 70% of your average weekly wage. They cannot exceed the statutory maximum rate or fall beneath the statutory minimum rate set by the Commissioner of Labor and Workforce Development.
Temporary total disability benefits are provided until:
- you return to work, or
- you’ve reached maximum medical improvement, or
- you’ve reached the statutory maximum of 400 weeks
Maximum medical improvement is a legal term that indicates your condition will not improve and is permanent.
Permanent partial disability benefits
If your job-related injury or illness leads to permanent disability, you are entitled to receive a monetary award even though you have returned to work.
Permanent total disability benefits
Some workplace injuries are severe and can prevent someone from returning to any type of gainful employment. When this happens, the worker can be entitled to permanent total disability benefits which are paid weekly. Following an initial 450 weeks, the benefits may continue if the worker can demonstrate that they remain disabled.
Death benefits/Dependency benefits
When a worker dies due to work-related injury or illness, their dependents may be eligible to receive benefits in addition to up to $5,000 for funeral expenses. These benefits are based on the deceased worker’s weekly wage and paid at a rate of 70% of their average weekly wage., subject to state minimum and maximum rates.
Common workplace injuries in New Jersey
New Jersey employers reported 69,200 cases of injury and illness among workers in 2022 alone.
Each case is unique in cause and severity, but certain injuries are far more common than others. Here’s a closer look at some of the most common workplace injuries in New Jersey.
1. Broken bones and injuries to muscles, tendons, and ligaments
Broken bones and other soft tissue injuries are common injuries caused by contact with equipment, transportation accidents, falling objects, and slip-and-falls. They may lead to temporary or even permanent disability depending upon the unique factors linked to your injury.
2. Repetitive stress/overexertion injuries
The repetition of the same movement day in and day out at your job can lead to injuries that can cause permanent disability and ongoing pain. Some examples include:
Arms and hands
- Carpal tunnel syndrome – This is a common injury experienced by computer workers throughout the day. It’s essentially a narrowing of the channel through which the nerves of your wrist move into your hand, causing pain and mobility issues.
- Tennis elbow (epicondylitis) – Actions that move the elbow in a certain way can lead to nerve damage, inflammation, immobility, and pain.
- Tenosynovitis – While simple work tasks like pushing a button or pulling a trigger might seem safe, over time they can lead to permanent damage. The condition can occur in fingers, wrists, ankles, feet, and hands.
Shoulders, hips, and knees
- Bursitis – Inflammation of a fluid-filled sac located near large joints like the shoulders, elbows, hips, and knees. This condition often results from repetitive lifting, bending, or twisting.
- Thoracic outlet syndrome – TOS is a type of compression injury primarily affecting the brachial plexus, the nerve that extends from the neck to the arm. In a minority of cases, a vein or artery may be compressed. TOS is commonly caused by repetitive activities involving raised arms and so often affects hairdressers, auto mechanics, and others who perform overhead work or keep their arms elevated for long durations.
Neck and back
- Back strains and sprains – A back strain involves injury to a muscle or tendon, whereas a back sprain refers to the stretching or tearing of a ligament. Strains typically develop over time from the overuse of muscles and tendons during prolonged, repetitive movements. In contrast, sprains are usually caused by a fall, a sudden twisting motion, or an impact that forces a joint from its normal alignment.
- Herniated discs – Also known as a slipped, ruptured, or bulging disc, a herniated disc occurs when leaked material from a spinal disc presses on nearby nerves. Repetitive motions and sudden strain from improper lifting or twisting are the most common causes.
3. Burns, electric shocks and electrocutions
Burn injuries, electric shocks, and electrocutions are especially prevalent in the construction industry. Burns vary by degree, with even second-degree burns requiring surgery which can lead to disabling scarring and other injuries.
4. Cuts, lacerations, and punctures
Contact with equipment, transportation accidents, and a variety of other workplace accidents cause cuts, lacerations, and punctures that require emergency medical care and can lead to permanent partial disability. Immediate emergency medical attention is necessary, and even with proper care minor injuries can develop into something more serious over time.
5. Head and brain injuries
When the head experiences a bump, blow, or penetrating wound, you can experience a traumatic brain injury (TBI). These can lead to permanent chemical changes in the brain which can impact your ability to concentrate and work, and may even change your personality and ability to enjoy your life as you had before your injury.
The kind of accidents or incidents that cause head and brain injuries often also cause spinal cord injuries.
Common causes of workplace injuries and deaths in New Jersey
Although many accidents can cause the injuries detailed above, the following are the most common causes of workplace injuries and deaths in New Jersey.
1. Motor Vehicle Accidents
If your job requires driving during work hours, your injuries should be covered under workers’ comp. New Jersey’s “premises rule” states that an employee is covered when they are “required by the employer to be away from the employer’s place of employment” while “engaged in the direct performance of duties assigned or directed by the employer.”
Delivery drivers, first responders, and public works employees are just a few driving-heavy occupations that may be covered under workers’ comp.
2. Equipment malfunction
OSHA has strict requirements for employers to ensure equipment works properly and undergoes regular maintenance to protect employees from injuries, especially serious injuries like amputation.
3. Falling objects
Falling objects cause several workplace injuries, including neck and back injuries, traumatic brain injuries, and spinal cord injuries. Construction workers are at increased risk of injuries caused by falling objects.
4. Slip-and-fall/Trip-and-fall
Slip-and-falls are often caused by poorly managed workplace conditions, inferior protective equipment, and other factors.
5. Overexertion
The demands that are placed on workers can sometimes exceed their physical capabilities. When injuries are caused by overexertion on the job, you may be entitled to benefits for the duration of your injury and/or disability that results.
How our New Jersey workers’ compensation lawyers can help
Your New Jersey personal injury lawyers can support you in various ways throughout the claims process to ensure you receive the benefits you are entitled to. Here are some ways your employer or insurance carrier will try to deny you all or part of your benefits.
1. Improperly reporting your wage rate
Employers may improperly report your wage rate, which can reduce your eligible compensation rate.
2. Challenging your employment status
Changing your employment status from full-time to part-time can drastically alter the benefits you’re entitled to.
3. Questioning your eligibility for benefits
The insurance company increases profits when it reduces or denies claims, so your eligibility for benefits may be questioned to convince you to accept less than you deserve.
You did your job; now your employer should do theirs.
You work hard to support yourself and your family, and if you’re injured on the job, we can help ensure your employer and their insurance company provide you the benefits you are entitled to receive under the law.
To ensure you receive the complete workers’ compensation benefits and any other damages you might be entitled to, connect with a New Jersey workers’ compensation lawyer at Stark & Stark PC. Schedule a consultation or call us at (800) 535-3425 to learn how we can help with your case through your free initial case consultation.
