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Workplace Accident Lawyer

Since 1965, our respected New Jersey law firm has provided clients with diligent and aggressive representation in the field of personal injury litigation.

Workplace Accident Lawyer

Since 1965, our respected New Jersey law firm has provided clients with diligent and aggressive representation in the field of personal injury litigation.

Haddon Township Workplace Accident Lawyers

Haddon Township workplace accident lawyer

New Jersey Workplace Accident Lawyers

Millions of people around New Jersey go to work every day but no one expects to get hurt while they are there. Unfortunately all too often, they do. There are many hazards in the workplace, particularly in dangerous industries such as in construction. When workplace accidents happen, employees wonder what they should do, if they can file a lawsuit, and sometimes even, what doctor to see.

Workers’ compensation claims involve all of these factors and more. While a workers’ compensation claim is not a personal injury claim, those injured at work still need to speak to a lawyer that can help. These claims become very complex very quickly. An attorney can help injured workers file their claims properly so the claim gets approved, and can help employees in the future if their claim is denied.

Differences Between Workers’ Comp and a Personal Injury Claim

When an employee becomes injured due to a workplace accident, there are two avenues they can pursue to receive compensation for those injuries. One of these is a workers’ compensation claim and the other is a personal injury claim. In some cases, hurt workers can file both types of claims. Although they are not mutually exclusive, there are some key differences between a workers’ compensation claim and a personal injury claim.

In most cases, injured workers cannot sue their employer through a personal injury claim, or their co-workers. Instead, they must file a workers’ compensation claim through their employer’s insurance company. The only time it’s possible to sue an employer is when they do not carry required workers’ compensation insurance.

However, injured workers can file a personal injury lawsuit against any third party that caused their accident. A third party is someone that is not employed by the same employer, such as a janitorial service that left the floor of the bathroom wet and slippery.

One of the biggest differences of these two types of claims is that workers’ compensation runs on a no-fault system in New Jersey. This means that the injured worker does not need to prove fault in a workers’ compensation claim. Likewise, even when an employee contributed to the accident that caused their injuries, they can still receive workers’ compensation benefits.

Personal injury claims on the other hand, rest largely on fault. Those injured must prove that someone else caused the accident that resulted in injury. This often makes personal injury claims more difficult to pursue than workers’ compensation benefits.

Compensation in a Workplace Accident Claim

Under workers’ compensation, an injured worker can claim benefits for medical care, vocational rehabilitation, and other costs for services that will help them return to work as quickly as possible. The main benefits available are:

  • Temporary disability benefits: These benefits are paid to workers that are out of work for seven days or more due to their injury. Injured workers can receive up to 70 percent of their gross weekly wage.
  • Permanent total disability benefits: These benefits are the same amount as temporary disability benefits but will continue for as long as a person is unable to work. To qualify for these benefits, workers must have suffered a very serious injury that qualifies them as unemployable.
  • Permanent partial disability benefits: These benefits are given when the doctor of the injured worker states they have suffered a permanent partial disability. These benefits are categorized into scheduled losses, which are certain injuries of body parts that appear on the workers’ compensation schedule. Non-scheduled losses do not appear on the schedule, but injured workers are still often eligible for benefits.
  • Medical benefits: As long as the treatment is authorized, workers’ compensation will cover the costs of necessary medical treatment.
  • Mileage: When an injured worker has to travel to and from doctor’s appointments, the cost of travel is covered by workers’ compensation.
  • Death benefits: When a worker is killed in an accident on the job, their family members are entitled to receive 70 percent of the worker’s gross weekly wage.
  • Death benefits: When a worker is killed in an accident on the job, their family members are entitled to receive 70 percent of the worker’s gross weekly wage.
  • Temporary disability benefits: These benefits are paid to workers that are out of work for seven days or more due to their injury. Injured workers can receive up to 70 percent of their gross weekly wage.
  • Permanent total disability benefits: These benefits are the same amount as temporary disability benefits but will continue for as long as a person is unable to work. To qualify for these benefits, workers must have suffered a very serious injury that qualifies them as unemployable.
  • Permanent partial disability benefits: These benefits are given when the doctor of the injured worker states they have suffered a permanent partial disability. These benefits are categorized into scheduled losses, which are certain injuries of body parts that appear on the workers’ compensation schedule. Non-scheduled losses do not appear on the schedule, but injured workers are still often eligible for benefits.
  • Medical benefits: As long as the treatment is authorized, workers’ compensation will cover the costs of necessary medical treatment.
  • Mileage: When an injured worker has to travel to and from doctor’s appointments, the cost of travel is covered by workers’ compensation.

Statute of Limitations on Workplace Injury Claims in NJ

Both workers’ compensation claims and personal injury claims have a statute of limitations in New Jersey. This is the time limit an injured worker has to file a claim. In both workers’ compensation claims and most personal injury claims, the statute of limitations is two years. When either a personal injury claim or workers’ compensation claim is filed after this time, the case is likely going to be dismissed and the injured worker is barred from receiving compensation.

However, there are many other deadlines involved in a workers’ compensation claim, such as when injured workers must inform their employer of the accident.

What to Do If You’ve Been Hurt in a Workplace Accident

After being injured at work, employees are often confused as to what to do next. Should they go home? Tell their employer? See a doctor? It’s important that all workers know what steps to take if they are injured at work. The wrong action taken could hurt a future workers’ compensation claim.

Seeking medical treatment is always the first priority for injured workers. When the situation is an emergency, it’s important to still seek medical attention, even if it means doing so before telling the employer about their injuries. When it is not an emergency, injured workers should first tell their employer. They will likely have certain protocols to follow including filling out certain paperwork, and a list of possible doctors the injured worker should see. Injured workers need to follow these procedures very closely. Failing to do so can hurt a workers’ compensation claim.

While employees should tell the employer as soon as possible after an injury, they are required by law to do so within 14 days after the accident. Again, when employees do not tell their employer within this specific time, they can forfeit the right to workers’ compensation claims.

After injured workers have seen a doctor from the list provided by their employer, they should contact an attorney. An attorney can advise on how to file their claim with workers’ compensation, and give them the best chance of receiving benefits. In addition, if the claim is denied by the insurance company, an attorney can also help injured workers appeal the decision.

Common Types of Workplace Accident Cases We Handle

Workplace accidents can happen at any time, and for any reason. However, there are some types of workplace accidents that are more common than others. These include:

  • Overexertion: These injuries result from pulling, lifting, pushing, holding, carrying, and throwing items that are very large. While these injuries sound minor, they are often the most costly to treat. They are also consistently the main type of workplace injury.
  • Slipping and tripping: Also one of the most common types of accidents, these can result from wet and slippery floors or obstacles left out in the path of others.
  • Falling from a height: These accidents occur when a worker falls from a roof, ladder, stairway, or other elevated height. They are largely preventable through protection gear and proper training.
  • Reaction injuries: Typically caused by a slip and fall, these injuries occur when someone tries to stop their fall or otherwise prevent an injury.
  • Falling object injuries: These accidents happen when items fall off shelves or are dropped by another employee or the employer. When these accidents occur, head and brain injuries are the most commonly seen.
  • Walking into injuries: While they may not sound that common, accidents involving walking into objects such as doors, walls, tables, and glass windows are quite common. They are typically caused by an unsafe work area and a lack of diligence.
  • Motor vehicle accidents: These types of accidents mostly occur when people drive to make a living. However, they are also often caused by third parties in a work environment, such as a delivery person that delivers supplies and equipment to a construction site.
  • Machine entanglement: When workers are around heavy machinery all day, such as in a manufacturing plant, there is a chance of becoming entangled in a machine.
  • Repetitive motion injuries: These injuries are sustained when a worker must repeat the same motion over and over again throughout the work day. Carpal tunnel syndrome is one of the most common types of these workplace injuries.
  • Violent acts: No one thinks a co-worker or anyone else in the workplace is going to act violently, but it does happen. Injuries resulting from these incidents are also covered under workers’ compensation.

While these are the top ten most common types of workplace accidents and injuries we handle, we can also help injured workers that are hurt in any other way while at work.

How Our NJ Workplace Injury Lawyers Can Help You

If you’ve been injured at work, you need the experienced workers’ compensation attorneys that will give you the best chance of success. At Taylor, Taylor, Cohen & Bowles, we will walk you through every step of your claim and are always prepared to appeal a decision when a claim is denied. Don’t try to go through this process alone. Call us today and let’s start discussing your case.

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Our Location

216 Haddon Ave
Suite 506

Westmont, NJ 08108

856-833-1919

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