Things Every Employee Should Know About Workers’ Compensation
1.) In New Jersey, an employer MAY NOT retaliate against an injured employee for seeking workers’ compensation benefits.
By a law known as the New Jersey Workers’ Compensation Law, you have the right to report your injury to your employer and seek benefits. There are thousands of Workers’ Compensation claims filed each year.
An employer who disciplines or terminates an employee for exercising their rights under the law exposes them to civil and criminal penalties, including fines and possible imprisonment. In addition, the law mandates that an employee who is fired for seeking Workers’ Compensation benefits must get his job back and must receive all back pay to which he would otherwise have been entitled upon recovery of employment. employment.
In practice, we have found that employers virtually never fire or in any way punish an employee who sought Workers’ Compensation benefits for a work-related injury. Employers know that such action is illegal and understand that they will be penalized most severely if they attempt to do so.
2) All New Jersey employers are required to make Workers’ Compensation benefits available to employees.
Failure by an employer to make Workers’ Compensation benefits available can result in severe penalties.
3) Workers’ Compensation benefits are paid by the employer’s insurance company, not the employer itself.
Your employer will not pay your benefits out of pocket when you file a Workers’ Compensation claim. Benefits are paid by the insurance company that provides Workers’ Compensation coverage to the employer.
4) Consult a Lawyer
When you have been injured on the job, it is essential that you protect your rights.
Your first step is to speak with an attorney who will help you understand your Workers’ Compensation rights. Those rights include benefits to replace lost wages if he is unable to work due to his injury. He is also entitled to medical treatment, paid for by his employer’s insurance company. And he can receive permanent disability benefits for the pain and loss of function he has suffered.
Your meeting with your PR&A attorney is strictly confidential.
The lawyer cannot charge you a fee for the consultation or for any work done on your behalf in your case. The Compensation Judge will assess the attorney’s fees at the end of the case which amount to no more than 20% of the compensation he receives. Also, in most cases, the employer’s insurance company will pay most of the fee.
5.) Don’t let fear silence you.
You should understand that if you do not protect yourself by consulting an attorney after being injured on the job, you risk losing your legal rights.
