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In the state of New Jersey, every employer is required to have workers’ compensation insurance. When you are injured while working, you have the right to make a claim for benefits. With very limited exceptions, you have the right to sue your employer for the injuries you sustained.
Our firm’s Mercer County workers’ compensation lawyers represent injured employees to obtain all the benefits that the law allows. Call a seasoned lawyer today to get started on your case.
Workers’ Compensation Law in Mercer County
Workers’ compensation benefits are payable to workers who sustain injuries at work. While this may seem like a simple concept, many cases have been argued over what it means to be at work. An employee must be hurt while in the course and scope of his or her employment, or in other words, while actually performing work activates as a person is reasonably expected to do.
For example, if you strain your back while performing your job moving boxes in a warehouse, it is fair to say that you were performing your work duties as expected. If you are injured while walking across an icy parking lot while on your lunch break, your employer may argue that you were not in the course and scope of your employment.
Who is responsible, or at fault, for the injury is not important. This insurance program is considered no-fault and it pays out regardless of legal responsibility. If you take advantage of this program, you waive all rights to sue your employer or your co-workers for negligence. The only exception is when you are injured due to an employer’s intentional act and that there was a substantial certainty of injury. In those rare cases, a worker may claim benefits and still sue under civil causes of action. If you have any questions about workers’ compensation law in Mercer County, you should not hesitate to contact an accomplished lawyer.
When an injury occurs on the job, the first thing that you should do is to notify your employer that an injury occurred. It is extremely important that this notice is given as soon as possible after the injury. Once the employer is notified of the injury, it is the responsibility of the employer to contact his or her workers’ compensation insurance carrier. At this point, the carrier will take you to a doctor of your choice for treatment.
The doctor who evaluates you is known as an authorized doctor and he or she makes recommendations as to what treatment is needed for the injuries. In addition, if the authorized doctor tells the insurance carrier that you cannot work, then the carrier is obligated to pay you temporary benefits, which are 70 percent of your average weekly wage.
When your treatment is concluded and the authorized doctor releases you from treatment, you may be entitled to additional benefits if you have a permanent injury. You are asked to attend at least two permanency evaluations with different doctors. Your Mercer County workers’ compensation attorney negotiates a resolution of the permanency claim based upon the opinions of the doctors and the schedule of disability contained in the workers’ compensation act.
How a Mercer County Workers’ Compensation Attorney Can Help
It is important to remember that there are strict procedures that must be followed to ensure that you receive all the benefits the law allows. We are here to help. It is never too soon to ask our advice, and there is never a charge for our service unless and until we successfully obtain benefits for you. Contact a Mercer County workers’ compensation lawyer today to see what options you may have.