Workers' Compensation Law
Workers’ Compensation is insurance that covers medical expenses and wages in the event you suffer an illness or injury as a direct result of your job. Laws mandating this coverage have been in effect since 1911. Today, every state in the nation has Workers’ Compensation laws, although specific laws may vary by state.
New Jersey law states that all employees must be covered by Workers’ Compensation Insurance or an equivalent federal program. Unlike healthcare insurance, Workers’ Compensation insurance must be paid in full by your employer; you, as a worker, are not required to make any contributions toward your coverage.How Does Workers’ Compensation Work?
Generally speaking, Workers’ Compensation precludes your right to directly sue your employer for a work-related illness or injury. Rather, if you get sick or are injured on the job, you must file a Workers’ Compensation claim with your employer or his or her insurance company. Your claim is then reviewed to determine if the illness or injury was indeed job-related.
If your claim is accepted, your Workers’ Compensation benefits should cover medical expenses related to that specific illness or injury, as well as your wages, or a portion of them, during your recovery. Workers’ Compensation Insurance also covers permanent disability in the event you suffer a debilitating injury or illness, and death benefits to your dependents if your death can be attributed directly to your job-related duties.
In New Jersey, there is a seven-day waiting period before you can receive your Workers’ Compensation benefits. At the end of this waiting period, which includes weekends and holidays, your benefits will be retroactive to the date of your injury.Workers’ Compensation Exclusions
Workers Compensation will provide most employees with benefits for medical bills and loss of earnings resulting from on the job injuries regardless of whether the injury was your fault. However, you would be ineligible to receive Workers’ Compensation benefits if your illness or injury resulted from actions that were:
- in deliberate violation of your company’s safety policies;
- intentional or self-induced;
- an attempt to injure another employee; or
- the result of intoxication by drugs or alcohol.
Protecting Your Rights under Workers’ Compensation
There is the possibility that your Workers’ Compensation claim will be denied even if your case fits the criteria determined by law. Should this happen, you have the right to appeal the decision. Disputed claims are decided by a Workers’ Compensation Law judge.
If you sustain an injury or illness you believe to be directly associated with your job, you want to make sure your rights under the State’s Workers’ Compensation Laws are fully protected. The attorneys at Rotolo Karch Law have decades of experience in matters pertaining to Workers’ Compensation and Personal Injury Law. Call today to discuss the specifics of your case with one of our legal professionals.