Mike’s Quick Answer
Labor Day is an appropriate time to talk about the protections available to people who work for a living. If you suffer a work injury in New Jersey, workers’ compensation may provide medical treatment and benefits while you recover. Those protections generally do not require you to prove that your employer was negligent. A separate personal injury claim may also be available if someone outside the employment relationship caused the injury.
An injured worker deserves a clear explanation of the protections available and an advocate who will investigate every reasonable path to recovery. The starting point is understanding how the injury happened and what help is needed now. From there, we can determine which claims should be investigated and how they fit together.
Why workers have a separate system
Workers’ compensation recognizes that an injury on the job can interrupt a person’s ability to support a household. It provides a system for addressing qualifying injuries arising out of and in the course of employment, generally without having to establish fault. That is an important distinction from an ordinary negligence lawsuit.
For the worker, the immediate questions are often practical. Who will arrange treatment? What happens to the paycheck? Who should receive the accident report? Those questions deserve attention at the beginning, while the facts are being gathered. A person should be able to understand the process without already knowing the language that insurers use.
The work connection still needs to be established. I would want to know what you were doing when you were hurt and why you were doing it. A clear account helps identify the relevant records and people who may be able to explain the circumstances. The investigation should build on the facts rather than on assumptions about your job title.
Medical care and income after a work injury in New Jersey
For a covered injury, workers’ compensation can provide reasonable and necessary medical treatment. The employer or its carrier generally selects the authorized providers. Report the injury promptly and ask how treatment will be arranged. In an emergency, obtaining necessary emergency care comes first.
Temporary disability benefits may replace part of lost wages during a qualifying period of inability to work. They are generally based on 70% of the average weekly wage, subject to statutory limits and eligibility rules. Permanent disability benefits may also be available when supported by the required evidence. These are different questions, and they should be explained separately.
Keep the work-status notes from your medical provider. A note that explains your restrictions can be more useful than a general statement that you are recovering. If the job involves lifting, for example, the actual demands of that work need to be compared with the medical restrictions. That gives everyone a clearer basis for addressing a proposed return.
I would also encourage you to keep a simple record of communications about treatment and benefits. Save the messages you receive and note when you asked for help. If there is a disagreement later, that record can help establish what was requested and how the employer or insurer responded.
You can challenge a disputed benefit
An insurance company’s decision can be reviewed. New Jersey provides formal claim proceedings and an informal hearing process through the Division of Workers’ Compensation. When medical treatment or temporary benefits are urgently needed, a motion may be available to bring the issue before a compensation judge.
The useful response to a denial starts with the reason given. A dispute about whether an injury happened at work calls for different evidence from a dispute about recommended treatment. I would want the written explanation and the records supporting your position. That allows the issue to be addressed directly instead of leaving you to interpret a short telephone conversation.
Timing matters. A formal compensation claim generally must be filed within two years of the injury or the last payment of compensation, whichever is later; occupational-disease claims have their own accrual rules. Separate notice requirements also apply. An informal hearing application does not stop the filing deadline. Have the applicable dates reviewed promptly rather than treating a general deadline as permission to wait.
Protection when you assert your rights
New Jersey prohibits an employer from discharging or otherwise discriminating against an employee because the employee claimed or attempted to claim workers’ compensation benefits, or testified or is about to testify in a compensation proceeding. Workers should be able to raise a legitimate claim without being punished for doing so.
If you believe that happened, preserve the communications and write down the sequence of events while it is fresh. What was said, who said it and when the employment decision occurred may be important. A careful review can distinguish retaliation from another explanation and identify the appropriate way to pursue the concern.
This protection is not a blanket guarantee that every job will remain open indefinitely. Other leave and disability laws may also need review. The point is to evaluate the actual circumstances and all potentially applicable protections, rather than assume that an employment decision cannot be questioned simply because the worker is injured.
Investigating a separate personal injury claim
Workers’ compensation is generally the exclusive remedy against an employer for a covered workplace injury, with narrow exceptions. But a negligent third party may have separate responsibility. For example, a worker making a delivery may be injured by an unrelated driver. That can require investigation of both the work-related benefits and the claim against the driver.
The same care is needed when an injury occurs on someone else’s property. We need to understand who controlled the condition and what each party was responsible for doing. Being hurt during a workday is a reason to examine the employment relationship carefully, not a reason to stop investigating everyone else’s role.
A third-party claim may address losses beyond the benefits provided through compensation, including pain and suffering when recoverable. The two claims must be coordinated because compensation reimbursement rights or credits may apply. Before settlement, the client should understand how those issues affect the proposed recovery.
A useful next step
Start with the information you have. You do not need a complete file before asking about an injury. An accident report and the communications about treatment can provide a starting point, and additional evidence can be requested as the investigation develops.
Labor Day recognizes the contribution of working people. A useful discussion of their rights should explain how the law can help when an injury disrupts that work. My approach is to identify what we know, explain what still needs investigation and help the client understand the available options. That makes the conversation about recovery concrete and gives the client a meaningful role in the decisions ahead.
Sources and Further Reading
About Michael B. Fusco
I am Michael B. Fusco, a New Jersey personal injury lawyer Certified by the Supreme Court of New Jersey as a Civil Trial Attorney. I help injured people understand their options and develop the evidence needed to present their claims. My approach is to explain what we know, identify what still needs investigation and keep you informed as the case develops.
Discuss Your Work Injury With Mike
If you were injured at work, I am happy to discuss the circumstances and whether a personal injury claim may be available. We can review what happened and discuss which issues need further attention. Call 732-465-8733 or contact Fusco Law for a free personal injury consultation.
General Information
This article provides general information, not legal advice. The law’s application depends on the facts of the particular matter. Contacting Fusco Law does not establish an attorney-client relationship; representation begins only after a written agreement.