Frequently Asked Questions About Workers’ Compensation
Workers’ comp is a complex topic. If you’ve suffered a work injury or an illness, you undoubtedly have questions about how to proceed. Below are some answers to common questions we get at Johnson Law Firm LLC. For guidance on the specifics of your workers’ comp case, please reach out to our attorney.
How do I file a workers’ comp claim?
Your first step should be to report the accident, injury or illness to your employer. Then talk to a lawyer about pursuing a workers’ comp claim. The filling process can be complicated, and strict deadlines apply. The sooner you enlist trusted legal help, the better.
What kind of workers’ comp benefits can I get?
Depending on the nature and severity of your work-related injury or illness, you might be entitled to benefits such as medical coverage, temporary or permanent wage replacement and job retraining. Surviving family members who have lost loved ones to a job-related accident or illness may be entitled to death benefits. Learn more about workers’ comp benefits in New Jersey.
What if my claim was denied?
Denials are far too common, especially if you didn’t have an attorney. Fortunately, they’re not the end of the road. You may still have strong grounds to appeal the denial and turn your case around, provided you act quickly. Talk to our lawyer for guidance on how best to move forward.
What if I’m an undocumented immigrant?
You may still be entitled to workers’ comp. Employees who get hurt on the job are eligible for benefits regardless of their immigration status. Learn more about workers’ comp for undocumented immigrants.
What if my minor child has been injured on the job?
Minors who get injured on the job are eligible to pursue workers’ compensation benefits. Learn more about the rights of minors who suffer work-related injuries or illnesses in New Jersey.
Can I sue my employer?
The workers’ comp system is designed to be an exclusive remedy for an injured employee, meaning you can’t sue your employer for negligence relating to your injury or illness. However, there are exceptions. Learn more about suing your employer for job-related injuries.
What is an occupational exposure case?
An occupational exposure case may be filed when a worker suffers an illness, a disease or condition from a certain type of employment for a prolonged period. Repetitive stress injury due to continuous use of hand-held power tools is an occupational exposure case, for example.
What is a third-party liability case?
A third-party liability case is a lawsuit against someone – other than the employer or co-employee – who caused an injury on a job site. There are many third-party liability personal injury claims arising from construction sites. Commercial vehicles on the job site or employment-related car accidents may also cause an injury to a worker for which a third-party liability claim may be filed.
How long will my workers’ comp case take?
The timeline of your workers’ compensation case depends on many factors, including the seriousness of your injury, the length of your treatment and the cooperativeness (or lack thereof) of your employer and their insurer. Each case is different. It is important to work with an attorney as soon as your accident occurs to be sure that you are on the right track to recovery, both medically and financially – and to ensure that you don’t miss any deadlines that could derail your claim.
What if I have a prior condition aggravated by a work injury?
If you have a prior condition, be upfront about it. Sometimes people hide a prior injury, thinking it could hurt their workers’ compensation claim. A prior condition does not hurt your case and could actually help your workers’ compensation case.
What if my employer is disputing my claim?
If your employer is disputing your workers’ compensation claim, do not accept their denial or their insurance company’s denial of your claim. Take control of your case. Contact an experienced workers’ compensation lawyer right away so that you can get your case on the right track. If you have been denied benefits, do not wait for your employer’s next move. Contact an attorney at once to take charge of your case.
What should my next step be?
As soon as possible, talk to a workers’ compensation attorney about your case. At Johnson Law Firm LLC in Freehold, we offer New Jersey residents consultations to review your workers’ compensation claim. We have over 30 years of combined experience in workers’ compensation cases. We will provide your case the attention you need to get the compensation you deserve to get your life back on track. Call our office at 732-333-8751 or email us to schedule a consultation.