Injured Workers Have Rights

September 01, 2010

An Overview of New Jersey Workers' Compensation Law

According to a report issued by the Bureau of Labor Statistics (BLS), 3.7 million workers suffered reported nonfatal occupational injuries and illnesses in 2008. Like many other states, New Jersey has a comprehensive workers' compensation system in place to provide, according to the New Jersey Department of Labor and Workforce Development, a "no fault insurance program that provides...benefits to employees who suffer job-related injuries or illnesses". The Worker's Compensation benefits include:
- Payment of medical expenses for treatment. However, the treatment and medical provider has to be authorized by the Worker's Compensation insurance carrier.
- Up to 70% of wages if the authorized treating physician has determined that an employee is unable to work temporarily due to a work connected injury.
- An award for partial permanent functional disability that is calculated pursuant to the extent of disability and in accordance with a disability schedule.

Benefits in Workers' Compensation do not include pain and suffering. This is as a result of a compromise in the State Legislature when it was agreed that all injuries on the job, whether or not the injuries were caused by the employee's own negligence, would be covered under Workers' Compensation. As a result, an employee whose negligent actions caused his own injuries is still entitled to Worker's Compensation benefits.

Why was the Workers' Compensation System Created?

New Jersey was one of the first states to have a standardized Workers' Compensation system. In 1911, a statutory program was put into place to end the need for employees to sue their own employers to recover compensation for on-the-job injuries. Lawsuits are costly for both workers and employers alike, and could easily drag out for years, leaving the injured worker with no income and no way to pay bills or treatment expenses. Therefore, the Workers' Compensation Statute has been beneficial to employees.

The statutory Worker's Compensation program was in place for many years without major change; the first comprehensive revisions were not made until 1979. Modifications at that time were made to ensure that seriously disabled workers had the opportunity to obtain sufficient benefits, and to prevent claimants with relatively minor complaints from taking too much money out of the system. Minor revisions have been made since that time, but the system has remained relatively unchanged.

Why Would Workers not File for Workers' Compensation Benefits?

In these difficult economic times, many employees feel fortunate to have a job and are reluctant to take any steps that may jeopardize their employment. It is critically important for employees to understand that employee protections are built into the Workers' Compensation Statute. The Compensation Statute incorporates a provision that will penalize an employer for retaliating against an employee who exercises his right to request Worker's Compensation benefits following a work related injury.

If you have been injured on the job, you have the right to seek compensation for the medical expenses you have incurred. However, you must seek treatment through a physician authorized by the Workers' Compensation insurance carrier. You also have the right to temporary disability benefits as outlined above, and further, the right to receive an award for partial permanent residual disabilities.

How are Workers' Compensation Claims Different from Third-Party Lawsuits?

The Workers' Compensation system is designed to provide payments for medical expenses. Under New Jersey law, injured employees are barred from directly bringing a lawsuit in the Superior Court against their employers. However, they can file claims against unrelated parties who might have contributed to a work connected accident causing injury. Though each individual situation varies, third-party liability cases might be appropriate against:
- A driver who has caused a collision with a work vehicle
- The manufacturer of defective equipment
- Independent contractors or subcontractors who are not W2 employees of an injured person's employer. This is particularly relevant in construction site accidents.

If you have been a victim in a work connected accident, regardless of how you were injured, an experienced New Jersey Workers' Compensation attorney can help you. If you have been involved in a workplace accident, you should strongly consider seeking the legal guidance of a skilled lawyer in your area.

Article provided by Forman & Cardonsky
Visit us at www.formanfirm.com