What Is Workers’ Compensation and How Does One Get It?

Explaining Workers’ Compensation

When employees suffer injuries while at work, they can seek treatment at the hospital and still receive compensation that helps to replace some of the money they are missing out on from being out of work, even if it is only on a temporary basis. Workers’ compensation is designed to protect employees that could potentially suffer from different types of injuries while completing their usual tasks.

Important Information You Should Know

Workers’ compensation benefits are offered to employees that suddenly get hurt or possibly even become ill while they are at work. When these injuries and ailments occur, the employees could miss weeks or months of work, which would cause them to lose out on their income. Different states have different rules relating to the insurance that an employer would need to obtain to protect his or her employees.

The workers’ compensation program is beneficial to the employees for several reasons. It allows them to continue receiving professional care in a medical environment without having to foot the bill on their own if their injuries were sustained at work. Not only is medical care provided, but employees will receive some of the wages that they would have continued earning if it were not for their injuries. Each state decides on the amount of compensation it will provide to an employee when that individual becomes disabled because of injuries that were sustained.

It is good to know that this type of insurance is a no-fault insurance. There is no need for an employee to go through a lengthy process of trying to prove that he or she was not negligent when the accident occurred. However, because there is no-fault, employees typically are unable to file a lawsuit against their employer.

Coverage for the Employees

Different states can decide when it is necessary for an employer to obtain workers’ compensation insurance for its employees. The company may need to have a certain number of employees working for them before they would need to obtain this type of insurance coverage. It all varies from one state to the next. In some states, there are a few different industries that are often excluded from the general coverage list. Employees that are only hired for seasonal work may not be eligible to receive workers’ compensation. Most independent contractors would not receive this insurance if they sustained injuries either.

Injuries That Are Currently Covered

If a person gets hurt while they are working, their injuries are likely covered by the workers’ compensation plan. While there are times when the injuries are sustained as a result of one particular accident, there are other times when an individual has sustained injuries due to continued exposure to certain products or chemicals. If something happens at work, it is typically covered under the workers’ compensation program. However, coverage usually is not offered to an employee if he or she is injured while traveling by car to get to work.

The Importance of Workers’ Compensation

Workers’ compensation is important because many benefits are offered to employees. The amount of compensation provided depends on the injuries, the level of damage done, and the amount of time that the employee will be out of work. The compensation can even include benefits for surviving spouses of those that pass away while on the job due to an accident that occurred.

When a person gets hurt at work, the first thing they need to do is let their employer know. Once the employer is aware of the situation, the employee should file a claim for workers’ compensation to receive benefits while recovering from those injuries.

Contact a Nutley Workers’ Compensation Lawyer to Discuss Your New Jersey Workplace Injury Case

A workplace injury can be devastating, particularly if it prevents you from returning to work for an extended period of time. Although New Jersey workers’ compensation laws are supposed to provide you with reimbursement for medical expenses and replacement pay for missed time at work, it is not always easy to get the workers’ comp benefits you deserve. That is why you should speak with a knowledgeable workers’ compensation lawyer about your situation and get guidance throughout the claims process. The experienced workers’ compensation attorneys at Birkhold & Maider, LLC represent clients in Nutley, Passaic, Paterson, Bloomfield and all across New Jersey. Call 973-784-8583 or fill out our online contact form today to schedule a free consultation about your work injury case. Our main office is located at 189 Franklin Avenue, Suite 1 in Nutley, 07710.

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.