Proving Workers’ Compensation Claims Can Be Challenging
A work injury can arise from a wide range of scenarios. Even if you are not in a job that requires manual labor, you could end up needing to pursue compensation for an injury sustained at work.
The circumstances surrounding injury claims can be challenging to prove, especially because many injured workers attempt to “work through the pain” and only seek help when the problem has either gotten worse or they know they can no longer perform a job to the best of their ability. An injury can be anywhere on the body for a claim to be filed.
To best protect yourself from the cost, pain and inconvenience of a workplace accident, work with an experienced workers’ compensation lawyer as soon as you have been injured. At Rosenberg, Kirby, Cahill, Stankowitz & Richardson, we represent clients in Toms River (Ocean County) and throughout New Jersey in cases of:
- Workplace accidents
- Slip-and-fall accidents
- Repetitive motion injuries
- Shoulder, hip, knee and joint injuries
- Carpal tunnel
- Occupational diseases and exposure to toxic elements
- Respiratory issues
- Construction accidents
- Falls from scaffolding or ladders
- Heavy equipment injuries
- Catastrophic injuries
- Back, neck and spinal cord injuries
- Injuries from lifting
- Aggravation of a preexisting condition
- Fatal workplace injuries and wrongful death claims
- Appeals of denied claims
Can I be fired for filing a workers’ compensation claim?
In New Jersey, it is illegal to retaliate against an injured worker who files a workers’ compensation claim. The worker is legally protected from discrimination, harassment and wrongful termination.
Still, because New Jersey is also an at-will employment state, an employer does not need to give a reason for letting you go. Your employer may cite issues of slow business or changes in its employment needs, even if the underlying cause of termination was a workplace injury claim. To file a workers’ compensation claim, you have to have been working at the time of the injury.
Whether or not you have issues with employment rights, you need to work with an attorney who understands workers’ compensation law specifically. Workers’ compensation benefits play a key role in not only helping you overcome your injury but also providing you with financial benefits if you are unable to return to work.
When am I entitled to temporary disability payments?
Temporary disability benefits do not begin immediately after an injury. Instead, these benefits take place beginning on the eighth day of disability. The first seven days of these payments are held until your disability benefits have lasted at least eight days, then you will be paid retroactively.
What does the insurance company have to pay for?
The insurance company is responsible for paying for your lost income if you cannot work while recovering, ongoing medical expenses and temporary or total disability benefits. We can help ensure you are getting the compensation you deserve.
What if my claim is denied?
If your claim ends in denial, your fight for compensation does not have to stop there. You can file an appeal to secure the compensation you need. We can help you build a case to present before the New Jersey Appellate Division of the Superior Court.
How do I go about seeking medical treatment?
Your employer can confirm what medical providers are available to you through your job. It is possible to pursue a second opinion if necessary, but we can help ensure you get the treatment you need.
How long of a period are workers’ compensation benefits awarded?
These benefits pay out until you return to work, have recovered fully from your injuries, or have encountered the 400-week maximum of benefits, whichever happens first.
Is it important to continue with medical appointments?
You should always proceed with any medical appointments related to your injuries. Failing or refusing medical treatment can make you look like you were not harmed in your accident and cost you the compensation you need. Additionally, seeing a doctor can provide you with the necessary medical documentation of your injuries to help track your condition.
Take Action Today To Get The Compensation You Need
Do not let fear of employer retaliation stop you from getting the care you need and deserve. Our team of experienced lawyers at Rosenberg, Kirby, Cahill, Stankowitz & Richardson can help.
Personal injury and workers’ compensation cases are handled on a contingency fee basis, meaning you pay nothing unless we effectively recover compensation in your case.