Even though some professions are more likely than others to experience a workplace injury, if you were wounded while working, you can be entitled to further compensation regardless of your employment.
New Jersey has complex rules regarding workers’ compensation and your ability to file a civil suit. Yet, you will increase your chances of having a successful outcome for your work injury case with the assistance of our Marlton, NJ, work injury attorneys.
Employees who suffer an injury or illness at work are given limited benefits under the workers’ compensation insurance system that cover medical costs, death benefits, income replacement, and permanent disability compensation. Rand Spear is here to assist you if you have capped out or were denied. Learn more about important first steps and how we can get you justice.
Mandatory Steps Before Filing a Work Injury Lawsuit
You must first notify your employer of the incident to receive compensation for a work-related injury. Typically, you can do this by submitting a written report, speaking with your boss, or contacting the human resources office at your place of employment. The workers’ compensation insurance provider will then receive a claim from your employer.
Based on the seriousness of the injury, the insurance company will examine the claim and decide how much compensation you are entitled to. If the awarded amount is less than needed to cover expenses for your work-related injury, you can speak with our work accident lawyers in Marlton, NJ, about additional compensation.
Evidence Checklist for Workplace Injuries
All workplaces should have rules to prevent workplace injuries, but evidence preservation is key if one occurs. To solidify your work injury claim, gathering and preserving documentation is essential if you have been injured. If possible, try to compile evidence from this checklist:
- Incident report: As soon as the injury happens, file an incident report with your employer.
- Statements from eyewitnesses: If anyone saw your injuries, ask them to describe it in writing and give you their contact information.
- Medical records: Gather all documentation about your injury in the form of medical notes, diagnoses, and treatment schedules.
- Photographs or videos: Document the injury site, any equipment used, and any obvious wounds with photographs or videos.
- Work records: Compile any work documentation that may support your claim, including records of your work schedule, job responsibilities, and safety training.
- Communications: Save copies of all emails, letters, and text messages you send or receive regarding your injury.
- Legal counsel: Get a work injury lawyer in Marlton, NJ, to offer an opinion on the validity of your claim or the value of your damages.
Although not all of these may apply to your particular situation, it’s vital to keep in mind that gathering as much evidence as you can helps support any legal action you take after being hurt on the job. Having a skilled Marlton, NJ, workplace injury attorney at your side will help guarantee that your rights are upheld throughout the process.
Personal Injury Lawyer Near Me (215) 273-9636
Compensatory Damages Available for Workplace Injuries
Sprains, strains, and tears are the most commonly reported workplace injuries, according to the Bureau of Labor Statistics. In standard personal injury cases, the more serious or life-threatening injuries usually receive a larger settlement than the minor ones. In most instances, you can receive the following compensatory damages, regardless of the severity of your injury:
- Medical costs
- Lost income
- Pain and suffering
- Punitive damages
It’s important to know that in some cases, you can only collect monetary damages through your employer’s workers’ compensation insurance program. In instances where Occupational Safety and Health Administration (OSHA) regulations were violated or benefits were denied, you can schedule a free consultation with our Marlton work injury lawyers to discuss the possibility of pursuing additional compensation.
New Jersey’s Time Restrictions on Work Injury Claims
The workers’ compensation insurance program was created to award injured employees with benefits for any work-related injury or illness, regardless of fault. While there are selective instances in which you can bring a civil suit against your employer, you should know that time restrictions exist for the following circumstances:
Reporting a Work Injury to Your Employer
New Jersey law mandates that within 14 days of an accident, employees in the state of New Jersey are expected to notify their managers.
Regarding workers’ compensation, New Jersey state law has a number of exceptions and other stipulations. For certain injuries or illnesses, you must fill out an Injury and Illness Incident Report (NJOSH 301) or a comparable form. You can also seek assistance from the Office of Public Workers’ Occupational Safety and Health.
Length of Time You Can Collect Workers Compensation Benefits
Initially, there is a seven-day waiting period before your benefits kick in. Once started, your worker’s compensation benefits are awarded until the employee returns to work, reaches the point of maximum medical improvement, or reaches the statutory cap of 450 weeks. Benefits continuing after 450 weeks will require proof of disability.
Deadline to File a Work Injury Lawsuit
There is a statute of limitations in New Jersey for initiating job injury claims. This indicates that you have a set period of time to submit a lawsuit for additional funds regarding your work-related injury or illness. In New Jersey, the legal deadline for such claims is two years from the incident date or two years from when you realized that your injury was work-related.
It is crucial to remember that you risk losing your eligibility for workers’ compensation benefits if you fail to submit a claim within the allotted two years. There may be exceptions to this time limit, but you will have to confirm this with your Marlton, NJ, work injury lawyer.
Need Additional Workplace Injury Pay? Start With a Free Consultation
It is crucial to seek assistance from a knowledgeable workplace injury attorney if you have been hurt at work in Marlton, NJ. Rand Spear is an experienced law firm that can help you with filing the lawsuit, obtaining the required proof, and, if necessary, advocating for your interests in court. Our knowledge will improve your chances of receiving the money you are due for your injury. If you need assistance navigating the complicated world of workers’ compensation law, don’t hesitate to contact our Marlton, NJ, workplace injury lawyers. We provide a free case examination and can estimate the value of your claim quickly.
Call or text (215) 273-9636 or complete a Free Case Evaluation form