What Laws Protect Employees After a Workplace Injury?

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What Laws Protect Employees After a Workplace Injury

You’re on the job, and you cut your hand, or maybe you take a tumble and hurt your arm. These three thoughts are going to go through your head simultaneously: “Do I have to go to the ER?”, “Am I going to miss work?”, and “How much is this going to cost?” Fortunately, there is a program in place that can help you with your medical bills and lost wages. That would be the New Jersey workers’ compensation insurance system, which applies to all corporations operating in the Garden State regardless of the company’s size.

Workers’ compensation is the safety net that every worker shares regardless of their salary. It is also the kind of program you’re aware of as a concept but might not know the particulars. It is essential that every worker understands their rights just in case an injury happens.

Entitled Benefits for Eligible Injured Workers

The New Jersey Department of Labor and Workforce Development oversees the workers’ compensation program. If you are injured on the job, you are entitled to file a claim for the following benefits:

Medical Coverage

You are entitled to receive any necessary medical treatment related to your injury. That treatment includes the initial ER or urgent care visit and any subsequent follow-up appointments at your doctor’s office. That medical coverage also includes any recommended surgery, prescriptions, or physical therapy for rehabilitation.

It is important to note that many workers’ compensation policies will designate approved healthcare providers for treatments. This might be the same network you currently use for your company’s healthcare plan. If you see your doctor, you might have to take on those expenses.

Temporary Disability Benefits

According to state law, if your injury keeps you off the job for longer than seven days, you may qualify for temporary disability benefits. These benefits would be around 85% of your average weekly pay. While that is not ideal as your full salary, it will still provide a welcome support for your family while you recover. When you return to work, the benefits will cease.

Permanent Disability Benefits

What if the injury is so severe that it leaves you with permanent challenges in the form of a partial or total disability? In that case, you could qualify for extended compensation to cover the loss of your salary.

Death Benefits

If the injury results in the death of the worker, the surviving family members may be eligible for compensation that would cover a portion of the deceased worker’s wages. There would also be reimbursement for funeral expenses.

What to Do After a Workplace Injury

Just because the worker’s compensation program is in place does not guarantee you’ll be approved for a claim. It is vital that you follow the procedures to support your claim and bolster your chances of approval. If you’re unsure, you can reach out to an experienced workplace accident attorney like the team at Folkman Law. We can provide the guidance and information you’ll need to file your claim the right way. Here’s what you need to do:

Notify Your Employer Immediately

Although the state law allows you up to 90 days to report your workplace injury, informing your employer as soon as possible is advisable. The longer you wait, the more likely the insurance carrier could claim this wasn’t a workplace injury. It is a stronger choice to tell your employer on the day of the incident. That will set the accident’s date, time, and location.

Seek Authorized Medical Attention

If you need immediate medical assistance, you can absolutely visit an emergency room. After that, the company’s approved healthcare provider should conduct your follow-up exams. If this is the first time you’re visiting that doctor, you should leave every appointment with a record of the exam and the treatment recommendations. It is also important to tell that doctor everything you’re concerned about, regardless of the severity.

Maintain Detailed Records

You will need to start your file of all the medical records associated with your injury. That includes the doctor’s reports, medication receipts, and any other documentation related to the injury. You can also keep a daily journal that documents your pain, discomfort, or mobility challenges.

Consult a Workplace Injury Lawyer

Even though the events surrounding your workplace accident and resulting injury seem straightforward, there can be challenges with filing a workers’ compensation claim. Aside from the issues surrounding the approval process, you could also run into a form of retaliation at the job. The law provides that if you are cleared to return to work, you should be able to go back to your former position at the same pay.

What happens if your job has been filled? Or what if the company healthcare provider sends you back to work too soon, and you reinjure yourself? What if the injuries you sustained at work could have been prevented by your employer? These are the issues you want to discuss with the attorneys at Folkman Law. We can support filing the initial claim and taking on the appeal process. If something is wrong that is outside the scope of the workers’ compensation benefits, we can help seek a remedy.

Getting injured on the job can be a challenge, but it shouldn’t result in a financial loss.