Workers Compensation Lawyer
Workers compensation, often called workers comp, is insurance which provides medical care and/or cash benefits to workers who became ill or were injured as a direct result of their job. It is a state mandated program which consists of the employer insurance carrier making direct payments to the injured employee.
What types of incidents are covered by workers comp?
Workers comp covers injuries resulting from carelessness on either the employees’ or employers part. Therefor there are numerous situations and scenarios that are covered. There are, however, limits. The state can deny a claim if they test and prove that the employee was intoxicated or under the influence of drugs at the time. There are other scenarios where the state can deny a claim, such as: if the injuries were self-inflicted, the employee was in direct violation of a law or company policy, or if the employee was not “on the clock” at the time of the injury.
What expenses are covered by workers comp?
Although the payments may not be breathtaking, workers comp covers:
• Medical care
• Replaces lost wages
• Costs for possible retraining
• Compensation for permanent injuries
• Benefits to family of workers killed on the job
In a workers comp case, no group is determined to be at fault. The claim that is received will not decrease due to an employee’s carelessness, nor will it increase based on the employers error. Workers comp does not cover “pain and suffering”. Remember, if someone accepts workers comp, they CAN NOT sue the employer.
Workers comp covers around 2/3s of lost wages, but has a maximum amount that it can’t cross. The eligibility for replacement begins after a few missed days of work.
Are Long-term and permanent injuries covered by workers comp?
In short, yes. However, workers comp also covers illnesses and problems that developed over a period of time, such as back problems, carpal tunnel syndrome, and others caused by continuous repetition.
Who does workers comp cover?
Most employees are covered by workers comp. However, the state usually excludes some, such as:
• Independent Contractors
• Business Owners
• Employees of Private Homes
• Maritime Employees
• Railroad Employees
• Farmers and Farmhands
• Federal Government Employees
Those who work for the federal government are under a special federal workers compensation program, and are thus exempt from the state workers comp.
Can my employer fire me for filing a workers comp claim?
No, this is prohibited by state law. If you are fired for filing a claim, report it to your local workers compensation office IMMEDIATELY!
Our law office is located in Manalapan. Contact us by contact form or call (732) 972-1600 to schedule a convenient appointment. Evening and weekend appointments are available.
Manalapan NJ is not the only community we serve, we also provide services for all of Monmouth County including but not limited to:
- Divorce and Family Law Services for Colts Neck NJ
- Divorce and Family Law Services for Farmingdale NJ
- Divorce and Family Law Services for Red Bank NJ
We take cases throughout New Jersey, to include Monmouth, Middlesex, Ocean, Somerset, Burlington, Mercer, Morris, Bergen, Essex, Union, and Hudson Counties.
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