You likely already know that if you’re injured at work, you can file a workers’ compensation claim. A successful claim will cover your medical care and reimburse you for some of the wages you lost as a result of the injury. Filing a claim might seem straightforward, but many reasonable workers’ compensation claims are denied each year. A Trenton work injury lawyer can help you file a claim for the first time or appeal a claim that’s been denied. The workers’ compensation process can be a confusing one, and it helps to have a knowledgeable advocate by your side.
A work injury attorney can help you file a workers’ compensation claim. However, in limited circumstances — like if your injury was caused by third-party negligence — they also may be able to help you file a personal injury claim. When you schedule a consultation with a work injury lawyer, they can help you understand your options.
Common Causes of Injuries Leading to Workers’ Compensation Claims
One of the main advantages of New Jersey’s workers’ compensation system is that, unlike with personal injury claims, you don’t have to prove that your employer was negligent to receive compensation. Most workers’ compensation claims are for injuries that happened as a result of routine job-related risks — not because someone was careless or negligent. Here are some of the most common injuries resulting in workers’ compensation claims.
Falls
Falls are most common in the construction industry. Often, workers are on ladders or scaffolding, and unexpected falls are always a possibility. Falls from greater heights often result in catastrophic injuries like these:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Multiple fractures
- Internal bleeding.
Most employers have safeguards in place to minimize the risk of employees’ falling on the job. However, those precautions can’t completely eliminate risk.
Injuries Due to Repetitive Strain
Not all workplace injuries are the result of a specific event. If you have a job that requires you to perform the same motion over and over, you may develop an overuse injury. A very common example is the development of carpal tunnel syndrome in people who spend many of their working hours typing. Workers on assembly lines can also develop repetitive strain injuries.
Car Accidents
Countless personal injury claims are filed due to car accidents. Unfortunately, many workers’ compensation claims are filed after car accidents as well. For example, if you’re a delivery driver and are hit by another car while on the clock, you can file a workers’ compensation claim to cover your medical costs and the wages you lose while recovering.
Because on-the-clock car accidents often involve someone who doesn’t work for your employer, you may be able to file a personal injury lawsuit against the third party (as long as the third party’s negligence directly caused your injuries). Workers’ compensation and personal injury cases can be very complex, especially when they intersect. When you schedule a free consultation with us, a Trenton work injury attorney can review your case and help you understand your options.
If you’ve been hurt at work, you may have more options than you think. Get in touch with the work injury attorneys at Wapner Newman today — call our office at (215) 569-0900.
Machinery-Related Injuries
Workers in many industries use heavy machinery on a daily basis. Even if you’re incredibly careful, accidents are possible. For instance, if a person’s clothing gets caught in a lathe, they may be seriously injured or even killed. If a forklift operator accidentally drops a pallet and it falls on someone, major (and potentially fatal) injuries are possible.
Chemical Exposure
If you work in a chemical plant or are otherwise around potentially toxic chemicals, regular exposure can cause serious health issues. Being around potent chemicals over time may lead to respiratory issues and the development of certain diseases. If you come into direct contact with harmful chemicals — like if there is a chemical spill directly on your skin — you might suffer burns or other kinds of acute injuries.
What Should You Do if You’re Hurt at Work?
Protecting Your Health and Your Workers’ Compensation Benefits
When you suffer a serious injury, your top priority should be getting medical care. However, to preserve your chances of a successful workers’ compensation claim, there are a few additional steps to take.
Get Medical Attention
New Jersey’s workers’ compensation program allows your employer and/or their insurance company to choose the doctors who treat your injuries. If your injury is not an emergency, make sure to request medical care from your employer. If you don’t report the injury and instead go to a physician who isn’t authorized by your insurance company, it might harm your claim.
Of course, there are exceptions to this rule. For instance, if you have a severe injury requiring emergency care, you don’t have time to request care from your employer. In these circumstances, you can choose a provider (or just go to the nearest emergency room). However, you should still notify your employer as soon as you can.
Report the Injury to Your Employer as Soon as Possible
This is a critical part of the workers’ compensation process. You should report all injuries sustained at work to your employer, even if they seem minor. Some minor injuries can rapidly get worse. You aren’t required to give the notice in writing, but when it comes to any kind of legal case, the more documentation you have, the better. If at all possible, you should report the injury in writing and include the date on the report.
Keep Detailed Records
In any workers’ compensation case, having a clear record of everything related to your injury can be extremely helpful. Make sure you keep thorough documentation of the following:
- Medical treatment summaries/hospital discharge summaries
- Medical bills
- Any other expenses related to your injury
- All communications with your employer
- All communications with the insurance company.
It’s also a good idea to keep a journal or daily log of your injuries. In it, you can document how the injury limits your day-to-day life. This can help establish a clear timeline, too. When you first suffer an injury, you might think you’ll remember every detail related to it — but those details become much harder to keep track of over time.
Get in Touch With a Work Injury Lawyer in Trenton
In order to get workers’ compensation benefits, you must file an insurance claim with your employer’s insurance company. Your employer will usually give you the necessary forms to fill out, and while you can fill them out yourself, an experienced work injury lawyer can guide you through the process.
Work injury lawyers deal with workers’ compensation claims on a daily basis, and they can help you avoid common pitfalls that result in claims being denied. They also know how to negotiate with insurance companies, so they may be able to help you secure greater compensation.
FAQ
If you’ve never had to file a workers’ compensation claim before, you might have some questions about the process. Here are some common questions clients ask our Trenton work injury lawyers.
Why do I need an attorney to file a workers’ compensation claim?
You can technically file a claim yourself. However, many insurance companies will turn down any claim they can. An experienced attorney can help you make sure you send all needed documentation, and if your claim is denied, they can also help you appeal it.
How much can I get for my workers’ compensation claim?
That depends on the circumstances of your injury. However, while workers’ compensation can cover medical expenses and partially replace lost wages, it does not pay you for non-economic damages like pain and suffering.
Can I file both a workers’ compensation claim and a personal injury lawsuit?
You may be able to do this, but only under very limited circumstances. A Trenton work injury attorney can review your case and determine whether you may be able to file both types of claims.
How much does it cost to work with you?
We get paid only if you get paid. This means that if you receive compensation, you agree to give us a certain percentage. If you don’t receive any compensation, you pay nothing.
We understand that you may have many more questions — especially if you aren’t familiar with the workers’ compensation process. Please get in touch with us to ask any additional questions or to schedule a free consultation.
Why Choose Us?
Our Team Is Here for You
When you suffer an injury at work, there’s a lot on the line. Workers’ compensation can reimburse you for a portion of the wages you lose, but if your claim is denied, you may be left with no income while you heal. Finding the right legal representation after a work injury can mean the difference between getting your claim approved on the first attempt and still being denied after an appeal. At Wapner Newman, we take pride in delivering outstanding service to our clients as we fight for them to receive the compensation they deserve.
If you’ve been hurt at work, don’t wait — call our office today at (215) 569-0900 or get in touch with us online to set up a free consultation.