Worker’s Compensation Lawyer: Part II

FAQS From the new jersey division of worker’s compensation, part two

A worker’s compensation lawyer represents clients with injuries that occurred on the job. Generally speaking, a worker cannot sue his or her employer for on-the-job injuries, except through worker’s comp. Such a victim needs a worker’s compensation lawyer. Continuing my last post, here are some frequently asked questions about worker’s comp from the New Jersey  Division of Worker’s Compensation:

“What happens after a claim is reported? The employer or the employer’s insurance carrier will investigate the claim. If the claim is found compensable, they will pay for necessary and reasonable medical treatment, loss of wages during the period of rehabilitation, and, when documented, benefits for permanent disability. Within 21 days of receiving notice of the accident, the insurance carrier should file a First Report of Injury form with the Division. This form gives the Division initial information about the accident and injuries. Another form, called the Subsequent Report of Injury, must be filed with the Division within 26 weeks after the worker returns to work or has reached maximum medical improvement. At that time, the worker should receive a letter from the insurance carrier explaining the benefits paid to date on their claim. The information from these forms helps the Division ensure that workers receive fair and timely benefits for work-related injuries.

Can an employer take action against a worker for filing a claim? The Worker’s Compensation Statute prohibits the employer from discharging or discriminating in any manner against an employee because the employee has claimed or attempted to claim worker’s compensation benefits, or has testified, or is about to testify, in a worker’s compensation case.

Does the Worker’s Compensation Law give special consideration to minors? Yes. If a minor, employed in violation of the Child Labor Law, suffers a disability because of a job-related injury or illness, benefits will be double the amount ordinarily awarded.”

An injured worker should be aware that, in addition to any claim his or her worker’s compensation lawyer brings, there may also be a liability claim against a third party. Such a third party claim would not be brought in workers’ comp court.

For example, a worker’s compensation lawyer for a worker injured by defective machinery might bring both a worker’s comp claim against the employer and a third-party claim against the manufacturer of the machinery. Often, the third party claim may be worth more than the worker’s comp claim.

If you need a worker’s compensation lawyer please contact us for a free consultation.

To be continued….

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