Workers’ compensation claims for warehouse workers in nj
Warehouse workers in New Jersey are entitled to mandatory Workers’ Compensation insurance paid for by the employer. If you or a loved one got injured on the job, you can and should claim Worker’s’ Compensation benefits to pay for your medical bills, time lost from work, and any permanent injuries you sustain due to the work-related accident.
Worker’s Compensation insurance is no-fault insurance. It’s not a lawsuit against your employer, and so long as the injury happened on the job, you’re entitled to make a claim. Some warehouse workers may feel threatened and fail to report an injury, but that’s a mistake.
You have plenty of legal protection in case your employer or the insurance company makes it difficult for you to make a valid Workers’ Compensation claim. The team of experienced personal injury lawyers at Team Law is here to help, and we can even help you sue in case the accident was the fault of a third-party, meaning someone who was not your employer or a co-worker.
How to Collect Worker’s Comp in New Jersey
As a warehouse worker who has suffered an injury in the workplace, your priority should be getting medical attention. Accidents like falls, burns, cuts, knee injuries, and getting hit by moving items can cause severe injuries.
If it’s not an emergency, notify your employer first. New Jersey state law requires injured employees to visit designated healthcare providers or the claim may be denied, unless tge need for treatment is an emergency.
If your injury occurred over the long-term, such as respiratory injuries caused by exposure to toxic chemicals or repetitive stress injuries caused by repeated movement, you should notify your employer and ask for medical treatment as soon as you notice the injury.
It’s important to notify your employer as soon as possible. Usually, it’s enough to let your supervisor or the designated personnel officer in your company. They may ask some questions and have you fill out some documents, but a simple oral report is usually enough to get the claims process started.
As soon as the injury is reported, your employer’s insurance carrier will file a report with the State and evaluate it to determine if it’s a valid claim. You should get a response within 7 days, and once it’s accepted, you will get directions on where to go or what to do.
What Benefits Should You Receive After a Warehouse Injury?
Worker’s Compensation insurance covers payment for medical bills until you’re ready to return to work. It covers medical treatment, drug prescriptions, hospitalization, and any other reasonable medical services you may require, such as therapy.
If your injury keeps you away from work for more than 8 days or more, you will receive 70% of your average weekly wages until you’ve recovered and can return to work.
Temporary and Permanent Disability
Some injuries can cause partial or total permanent disability. After 26 weeks have passed since treatment concluded, permanency evaluations for both sides are carried out. This medical exam determines if the injuries sustained have caused a partial or permanent disability, in which case you would be eligible for a partial or permanent disability award, which must be approved by a Workers’ Compensation judge as being fair and just to the injured worker.
For example, a loss involving the fingers, hands, arms, legs,feet, toes, eyes, ears, or any other specific body part will be compensated based on that specific body part. Loss involving other vital systems, such as the heart, lungs, or spine, or head will be determined based on the level of disability to the “whole person”.
If the injury caused permanent and total disability, such as a total loss of both legs, eyes, or hands, or the injury renders the worker unable to work at any job, weekly benefits are provided for 450 weeks. These benefits continue beyond 450 weeks if the injured worker still can’t work or earn any wages.
Death Benefits
After the loss of a loved one in a warehouse accident, Workers’ Compensation insurance pays death benefits to immediate dependents. These are paid at the rate of 70% of the deceased’s weekly wage and distributed as determined by a judge, and may continue for life for certain dependents.
The insurance carrier also pays up to $3,500 towards funeral expenses for the funeral bill.
What If My Employer Is Uninsured?
For warehouse workers whose employer doesn’t have Workers’ Compensation insurance, you can still get help through the Uninsured Employer’s Fund. You get medical care and temporary disability, but the Fund doesn’t issue partial or permanent disability benefits.
Worker’s Comp Claim Denied? Let Team Law Help
Workers’ Compensation claims are supposed to be simple and straightforward. However, there are many reasons why an insurer can or may deny your claim. For example, they could argue that the injury did not occur at work, or that your medical condition was preexisting.
If your Workers’ Compensation claim has been denied, let us help. The highly skilled and experienced attorneys at Team Law are ready to help you fight for your compensation. We’ll file the necessary documents and negotiate with insurance carriers and try your case if necessary to get you the Workers’ Compensation benefits you need and deserve.
If your injury was caused by a third-party, we’ll also determine if you have grounds to file a lawsuit. For example, you can sue for an injury caused by the faulty electrical installation or getting hit by a vehicle, which allows you to obtain compensation for pain and suffering in Superior Court in addition to medical treatment, lost wages, and partial or permanent disability benefits obtained in Workers’ Compensation Court.
Call 1-800-TEAM-LAW now or fill out our online contact form to schedule a free consultation about your case. You can also visit any of our offices in West New York, Perth Amboy, Edison, Summit, Newark, New Brunswick, Orange, Plainfield, and Jersey City.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.