Following the workers’ rights movements of the early twentieth century, most companies now pay into a communal insurance for their employees. This means what most workers who suffered on the job injuriesmay have the right to file for benefits from a state-run insurance agency. The following are three things to keep in mind before filing a workers’ compensation claim.
Report All Injuries to Your Employer First
In New Jersey, workers’ compensation is a no-fault system that allows employees to file claims even if their own mistakes led to the accident. However, the first step in this process is to notify your supervisor or other coworkers that the injury occurred. If possible, create a paper trail by sending an email or memo. Doing this will strengthen your eventual claim and may even lead to a safer workplace for other employees.
Consider the Implications of a Civil Suit
Under New Jersey law, you cannot sue your employer for negligence or carelessly causing your accident. All work place injuries must go through the Workers’ Compensation Court. Only if the actions are intentional, wanton, or there was gross negligence and reckless disregard of safety, can you consider a lawsuit against the employer.
When In Doubt, Consult an Attorney
In almost all cases, filing for workers’ compensation is more efficient than filing a lawsuit. However, only a skilled attorney can help you decide which course of action is right for your specific situation. A lawyer can also double-check your claims paperwork and help ensure that you receive the maximum compensation possible.
If you live in Bergen County and need help with workers’ compensation claims, look no further than the Law Offices of Walter K. Schreyer. Our skilled staff knows state regulations inside and out, so we can help you decide whether and how to file for benefits from the Department of Labor. Call our Westwood office today at (888) 511-2837 to schedule a free case evaluation.