New Jersey Lawyer News


Important Things To Know If You Are Hurt While At Work

by David H. Sternlieb, Esquire

In this article, we will focus on the things everyone in the community should know about work-related injuries. To explain the basic rights and remedies under New Jersey's Worker's Compensation Act, a question and answer format is well suited:

What Is The New Jersey Worker's Compensation Act?

Under New Jersey law, every employer must obtain insurance to cover their workers in the event of an injury occurring in the course of employment.

What Kind Of Injuries Are Covered?

All that is required is that the worker's injury must have occurred while in the course of his or her employment, regardless of who is at fault, or, even if no one is at fault. The important point to remember is that if the injury occurs at work, it's covered by the Worker's Compensation Act. There are some exceptions such as where the injury occurs at work but the worker is intoxicated, drug impaired, or, hurt because of horse play. But most other circumstances such as any accident which causes a work-related injury, or an injury that occurs just from doing the work such as from bending or lifting would qualify the injured worker for benefits. Additionally, exposure to toxic or poisonous substances or chemicals while working that cause illness or injury would be covered under this law, as would injuries resulting from injuries to a limb because of certain repetitive motions required by the job. The scope of injuries covered by the Worker's Compensation law is intended to be broad for the protection of New Jersey's work force.

What Benefits Are Available To A Worker Who Is Hurt On the Job?

Someone who is injured while in the course of employment has valuable rights that are designed to medically treat the worker's injuries and to provide monetary compensation for the injured worker's disabilities. These benefits include temporary weekly income paid to the injured worker while out of work recuperating if unable to work due to the injury. The temporary income paid will be according to a formula based on the worker's before-tax weekly income before the injury. The injured worker is entitled to also receive all necessary prescription medicine, medical, hospital and surgical treatment, and even transportation to medical appointments if necessary. The injured worker pays nothing out of his or her own pocket for these medical services. After finishing his or her medical treatment, the injured worker often is entitled to receive a monetary award, known as a "permanency award" to compensate him or her for the full nature and extent of the disabilities that have been caused by the work-related injuries. Of course, the amount of the permanency award will depend on the
nature and extent of the injury, and, to what extent the injuries limit the worker's ability to work and perform his or her usual activities. Very often, the permanency award results from a settlement between the worker and the employer. Both sides are usually represented by their attorneys, although an injured worker may proceed without one (which is inadvisable). If a settlement cannot be reached, a trial is held before a judge in the Worker's Compensation Court who ultimately will decide how much compensation, if any, the injured worker is entitled to.

One thing everyone should know is that it is illegal to fire an employee simply because they have filed a Worker's Compensation claim.

The above information is intended to provide some basic points about the rights of an injured worker, and, is not intended to serve as a substitute for the advice an injured worker would receive from an attorney familiar with the unique facts and circumstances of the injured worker's case. Because there are many other important nuances to a Worker's Compensation claim, injured workers are encouraged to consult with an attorney experienced in such matters.