WORKERS’ COMPENSATION
DISCUSS YOUR SITUATION WITH A WORKERS' COMPENSATION ATTORNEY IN NEW JERSEY, NEW YORK, MASSACHUSETTS OR FLORIDA
If you’ve been hurt or become ill on the job, workers’ compensation will protect you from carrying the financial burden alone. This state-mandated insurance provides coverage for medical care, lost wages, rehabilitation, and in some cases, retraining so you can return to the workforce.
Unlike a traditional personal injury case, workers’ compensation typically removes the need to prove fault. You receive benefits in exchange for waiving your right to sue your employer. The system benefits both sides: you gain quick access to medical treatment and income replacement, while employers avoid lengthy lawsuits through this no-fault process.
Beyond direct support, workers’ compensation also helps in improving workplace safety. Claims data is often analyzed to identify risks and prevent future injuries, creating safer environments for employees.
Workers' compensation pays for:
Medical expenses : including hospitalization, surgery, doctor's visits, prescription drugs, and rehabilitative therapy
Wage replacement : "Weekly cash benefits for time lost from the job" a percentage of an injured worker's wages while they are unable to work
Required medical care & Permanent disability benefits : if an injury causes a permanent disability, the worker may be eligible for additional benefits
Death benefits : if a worker is killed on the job, their family may be eligible for death benefits
An injured youngster should report the accident immediately, and in writing, to his or her employer or foreman. The minor has the right to be treated by his or her doctor if the doctor is authorized by the Workers' Compensation Board to treat such injuries. The employer must report the accident to the Workers' Compensation Board.
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The injury prevents him or her from working more than one week.
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Compels him or her to work at lower wages.
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Leaves him or her with any permanent injury.
Compensation generally is limited to two-thirds of the minor's weekly wage, but not exceeding a set limit. Medical benefits are paid whether or not the employee has lost time from the job.
If a minor less than 18 years of age is injured while working in conditions that violate the provisions of the Labor Law or an Industrial Code Rule: Compensation is double the regular award
The employer cannot use insurance for the additional payment but must pay it out of pocket
The double indemnity provision also applies to a newspaper publisher or distributor who knowingly permits a newspaper carrier to work in violation of the Education Law. The employers must pay the full cost of providing workers' compensation insurance. They cannot deduct the cost from wages.
Farm Worker are covered by the Workers' Compensation Law if the employer paid farm workers cash wages of $1,200 or more in the preceding calendar year.
An employer that is not covered may provide insurance voluntarily.
Domestic workers, other than those employed on farms, who work for the same employer at least 40 hours per week are covered by Workers' Compensation.
Exceptions
The Workers' Compensation law does not cover young people age 14 and older who work:
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As babysitters or in casual employment (yard work and household chores)
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In and about a one-family, owner-occupied residence
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On the premises of a nonprofit, non-commercial organization
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Where they do not use power-driven machinery
The term "casual" in this context means:
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Occasional
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Not regular
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Without foresight, plan, or method
How Do I File a Workers' Compensation Claim?
If you have been injured at work, you should notify your employer as soon as possible. Your employer will then file a claim with their workers' compensation insurance carrier. Once the claim has been filed, you will be able to receive medical treatment and wage replacement benefits.
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If your employer does not have workers' compensation insurance, you may be able to file a claim with the New Jersey Department of Labor.
What If My Claim Is Denied?
If your claim is denied, you have the right to appeal the decision. An experienced workers' compensation attorney can help you navigate the appeals process and fight for the benefits you deserve.
Contact Us for a Free Consultation
If you have been injured at work, contact The Haddad Law Firm today by calling 1-800-NJLEGAL for a free consultation. Our experienced New Jersey workers' compensation attorneys will review your case and help you understand your legal rights and options. We will work tirelessly to ensure you receive the full and fair compensation you deserve. Our attorneys work on a contingency-fee basis, which means there is no cost to you for filing a lawsuit unless we can recover compensation on your behalf.