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Workplace accidents send thousands of employees to the hospital every year. The state’s workers’ compensation program is designed to provide financial resources to Haddonfield employees who become injured on the job. A successful workers’ comp claim could cover not only the medical expenses associated with treating a workplace injury but also any wages lost during the recovery process.
If you were recently harmed in a workplace accident and are unsure of what to do next, consult with a personal injury attorney from our firm. A qualified Haddonfield workers’ compensation lawyer could help you file a formal claim and seek the compensation that is owed to you.
Who Can File for Compensation?
New Jersey Statutes §34:15 states that any workplace injury which is the result of negligence is compensable through a workers’ compensation claim. Injuries which are the result of an employer’s carelessness or the negligence of another employee could also form the basis of a successful workers’ comp claim.
However, benefits may not be available to willfully negligent employees. “Willful negligence” occurs when an employee purposefully acts in a careless manner by ignoring safety precautions mandated by their employer, for example. Determining whether an employee acted with willful negligence requires a review of all the facts surrounding the accident.
Similarly, workers’ compensation benefits are not available for independent contractors. Independent contractors have greater control over how they complete the job tasks assigned to them. Determining whether a worker is an independent contractor or an employee is also a fact-specific inquiry that requires careful consideration of his or her individual employment circumstances. Fortunately, a Haddonfield attorney could help an injured employee file a workers’ compensation claim to obtain the benefits he or she needs to recover.
What is the Process of a Workers’ Comp Claim?
Once a workplace accident occurs, an injured employee should report it to his or her boss as soon as possible. While verbal notice of an injury will usually suffice, it is best to provide written notification so there is a record of the worker’s damages.
If the worker’s injuries are severe and require immediate medical attention, he or she should be permitted to go to the nearest emergency room. Otherwise, the claimant’s employer should inform him or her of what medical provider he or she should go to for evaluation and treatment. The employer’s insurer would also receive notification of the injury.
The employer’s insurer would decide whether to approve the injured employee’s workers’ comp claim. If the claim is approved, the worker would be entitled to receive compensation for all necessary medical treatment as well as a percentage of his or her wages for time missed from work. If the insurer denies the claim, the injured employee may then file a formal complaint to have their eligibility and benefits evaluated by a judge.
Get in Touch with a Haddonfield Workers’ Compensation Attorney Today
If you have suffered an injury while on the job, you may have questions about your rights or what to do if your employer’s insurer has denied your claim. An experienced and knowledgeable Haddonfield workers’ compensation lawyer may be able to help you. Speak with an attorney from our team today about how to receive the maximum amount of benefits for your workplace injury.