New Jersey Workers Compensation Legislation
New Jersey Workman’s or Workers compensation can be somewhat difficult to understand for someone who does not know the laws of our state in regards to protecting injured, disabled or ill workers who were hurt or made disabled or ill while on the job. Workman’s Compensation is about more than simply the wages you lost while out of work.
Injury and Disability, Both Permanent and Temporary
Workers Compensation in New Jersey provides lost wages, health care, and regular checks to those injured on the job. It even provides permanent monies to those who were permanently disabled while on the job. There are different rules, however, for those employed by employers who are exempt from having Worker’s Compensation Insurance. These types of employers include but are not limited to:
- Some construction workers who are independent contractors, like house painters, for example.
- Independent sub-contractors for landscaping, pest control, etc.
All other New Jersey employers, even though they may base the business in New York or some other state, are required by law to carry Worker’s Compensation Insurance for all their employees. They have the option to prove they can meet the obligation of self-insuring, buying coverage from an approved insurance carrier, or paying into the WC Insurance Pool. This was established to temporarily replace the wages lost by and injured employee who was injured on the job, but whose employer either is not required to pay Worker’s Compensation or refuses to be insured and carry Worker’s Compensation Insurance. Fines and penalties are assessed against the employer if they are found to be in violation of this law.
Sick Days, Family and Medical Leave, etc
Employers are not required by law to provide sick days or health insurance to employees. The Family and Medical Leave Act of the Federal Government states that a woman cannot be terminated for giving birth, but may be assigned a different job than she performed before the baby was born. Depending on the reasons, Sick leave may be taken for illnesses, but in both cases, the employee will not be paid in any way. Not coming in due to inclement weather means your employer is also not required to pay you.
New Jersey is a Right to Work/Employment at will state. Of course those who are members of unions or are state or education employees with tenure have different rules. In general, neither the employer nor the employee has to give notice or immediately pay wages owed when that employee is terminated. Final wages are to be paid on the very next payday, along with employees still working. Except in cases of discrimination against an employee due to their gender, race, age, national origin, religion, creed, period of military service, or when an employee is terminated after coming back to work from an injury, or when the employee has made a complaint against the employer about safety violations or wages, most employees have no recourse when terminated. For more information on these topics, visit :www.lwd.dol.nj.us for more complete information.
If You Believe You May Have a Case Against an Employer
If you believe you may have a case against your employer for worker’s compensation related issues, your best recourse is to speak with a labor law attorney working in New Jersey. A competent New Jersey Labor Law attorney can tell you how much your claim may be worth, if you have a claim, and what evidence is needed to support your claim. You may need all of your medical records from the time of the incident through being released to go back to work. You will need your prescription bottles from medications prescribed by the doctor who treated you for your illness or injury. All of these things are proof in your claim against the employer. Any lingering effects from the injury should be documented, as well, such as if a blow to the head caused you to permanently lose vision in one eye, or caused you to have seizure disorder.
The truth of the matter is that it can be difficult to prove some work-related injuries. Soft-tissue damage does not show on X-ray. A competent labor attorney will know how to get the proof you need, to include whether or not your employer even carried proper Workman’s Compensation Insurance. If you believe you may have a claim, talk to a labor lawyer right away, because there is a Statute of Limitations on these injuries, disabilities and illnesses, after which you are powerless to gain what is rightfull yours from your employer.
To speak to an an experienced workers compensation attorney in New Jersey, Contact Sammarro & Zalarick or call our office at 1-973-478-1026 to arrange a free initial consultation and case evaluation.
It is also worth knowing that the legal industry is recommending law firms use what is known as LPO compliant legal practices which ensures the firm provides the very best service to its clients. Sammarro & Zalarick are one of the first fully LPO compliant law firms in the country who use the best law practice management software available to handle cases such as personal injury and workers compensation.