If you are hurt at work, you have the right to assistance through workers compensation. Workers compensation is required of employers in order to provide benefits for workers injured on the job. If you are injured on the job, or have an illness that results from the job, you may be eligible for certain benefits, such as medical assistance, temporary disability, and permanent disability.
What should I do if I’m hurt on the job?
If you are hurt on the job, you should tell your supervisor or employer as soon as possible. If you need medical attention, tell your employer. Under New Jersey law, the employer can select the medical provider. If you do not ask your employer for medical treatment, treatment may not be covered. If your employer refuses to provide medical treatment, you can go ahead and get treatment and find an attorney for help with your claim. It is important to know that it is unlawful for an employer to retaliate against an employee for filing a claim.
What benefits does workers compensation cover?
Benefits available through workers compensation include the reasonable costs of medical treatment, temporary disability income in the place of lost wages during the period of lost work, and permanent disability income. Compensation for lost wages is at a rate of 70% of your average weekly wage, up to a limit set by the state. You must be unable to work for at least seven days before becoming eligible for temporary disability, and then the benefits are retroactive to the first day. However, medical attention benefits begin immediately.
What if my employer doesn’t provide benefits?
If your employer or the employer’s insurance company fails to provide benefits, you can file a claim with the New Jersey Division of Workers Compensation. In many cases, you can get a private attorney to help with your claim. In fact, given the complicated nature of substantial workers compensation claims, it is often helpful to your case to be represented by an attorney in the workers compensation claims process. With regard to private attorney representation for a workers compensation claim, a worker does not pay the attorney’s fees, but the attorney's fee is provided at the end of the case as part of the compensation. You can contact your local Legal Services office or county bar association for help in finding a private attorney.
Are undocumented workers eligible for workers compensation?
Documented and undocumented workers in New Jersey are eligible for workers compensation benefits. In fact, undocumented workers have the right to most employment protections provided in the workplace. For example, increasingly, some contractors and employers are failing to pay workers because of a problem with a Social Security number or other documentation. However, such nonpayment of wages is unlawful—workers have the right to wages for the hours that they have worked, and time and a half for time worked over 40 hours in most types of work.
How long do I have to file a workers compensation claim?
Workers compensation claims can be filed up to two years after an injury or illness. This can be particularly helpful with longer-term problems, such as hearing loss or developing back problems.
Other Laws May Help You with On-the-Job Injuries
It’s important to remember that there are also other laws that may help you in circumstances involving injuries. If an employer discriminates against you because of your disability, you may have rights under the Americans with Disabilities Act. Such rights include allowing for the reasonable accommodation of a disabled worker in order to permit the continued employment of the worker. For example, if you have a back injury, and the job could be restructured so that you could take rest breaks that would enable you to continue the work, this would be a type of reasonable accommodation. Reasonable accommodations may include making the work site readily accessible to employees with disabilities, modifying work schedules, restructuring a job, or reassigning a current employee to a vacant position for which the individual is qualified.
If an employer discriminates against you because of time off for a serious health condition experienced by you or a close family member, you may have rights under the state and federal Family and Medical Leave Acts. Under federal law, for example, employers with 50 or more employees are required to give 12 weeks of unpaid family and medical leave to employees with at least 12 months of work. The use of the leave could be for the serious health condition of a worker, such as someone injured on the job. The leave could also be for the care of a close family member (spouse, child, or parent), or for the birth and care of the employee’s child. If you are a documented worker, and you have a temporary disability of more than one week and have substantial past earnings, you may be able to get temporary disability benefits through a New Jersey Department of Labor government program.
If you are injured, or have your rights violated, you should take action to get assistance!
This article originally appeared in the May 2005 issue of Looking Out for Your Legal Rights®. |
