Work-Related Accident in New Jersey? Here’s a Step-by-Step Guide on What to Do
New Jersey is no stranger to work-related accidents. According to the Bureau of Labor Statistics, 82 fatal work injuries were recorded in the state in 2020. The majority of these fatalities were related to transportation incidents. Other leading causes of work-related fatalities in New Jersey include falls, slips, and trips, violence and other injuries by persons or animals, and exposure to harmful substances. Workplace-related injuries can be both physically and emotionally devastating. They can occur in any type of workplace, from an office to a construction site.
Injured on the Job
If you have been injured on the job, you could be thinking about what your next steps should be. Your primary concern when you are injured should be to seek immediate medical attention, even if you think your injuries are minor. Some workplace injuries, such as carpal tunnel syndrome, can worsen over time and cause permanent damage if they are not treated properly.
Once you have seen a doctor, you will need to notify your employer of your injury. You should do this in writing and keep a copy of the letter for your records. Your employer is required by law to provide you with a workers’ compensation claim form, which you will need to fill out and return.
Workers’ Compensation
Workers’ compensation laws in New Jersey are designed to protect employees who are injured on the job. The Workers’ Compensation law in New Jersey is No-Fault, which means that an employee does not have to prove that their employer was at fault for them to receive benefits. These laws require employers to provide medical benefits and income replacement to employees who are injured on the job. Workers’ compensation laws also protect employers from being sued by employees who are injured on the job.
Filing Claims
To receive workers’ compensation benefits, an employee must file a claim with the New Jersey Division of Workers’ Compensation. The claim must be filed within two years of the date of the accident. The claim must include medical documentation of the injury as well as information about the accident.
Once the claim is filed, the employer has the right to contest the claim. If the employer does not contest the claim, the employee will receive workers’ compensation benefits. If the employer does contest the claim, the case will go to trial.
Going to Court
At trial, the employee will have to prove that the accident occurred at work and that the injury was a result of the accident. If the employee is successful, he or she will receive workers’ compensation benefits. If the employee is not successful, they will not receive any benefits.
Workers’ compensation benefits are paid through a workers’ compensation insurance policy purchased by the employer. Workers’ compensation insurance is mandatory in New Jersey.
There are also some exceptions to the No-Fault rule in New Jersey. For example, if an employee is injured due to their employer’s negligence, they may be able to file a personal injury lawsuit against their employer. Additionally, if an employee is injured due to a defective product, they may be able to file a product liability lawsuit against the manufacturer of the product.
Don’t Wait
You should contact a New Jersey attorney experienced in work-related accidents if you have suffered injuries at your workplace as soon as possible. A New Jersey lawyer competent in work-related accidents can help you navigate the workers’ compensation system and ensure you receive the benefits you are entitled to.
Contact Us Today
If you have been injured on the job, you have the right to seek compensation for your medical expenses, lost wages, and pain and suffering. The Law Office of James W. Taylor, Jr.—advocators of workers’ rights for decades with multiple work-related accident cases—can help you get the compensation you deserve. Give us a call at 201-418-0143 to book a FREE consultation.