People go into work every day expecting it to be the same as the day before. They run through their typical routine and go home at the end of the day. People do not usually think about what would happen if they were involved in an accident and injured at work. Regardless of what an individual does for a living, there is always the chance of an accident occurring at work. If this does happen, employees should feel a sense of comfort knowing that workers’ compensation is available to them if they become injured while at work.
If an employee is injured on the job, they may be able to receive financial compensation. Workers’ compensation is insurance that the majority of employers are required to have in the event that an employee becomes injured on the job. Most workers in New Jersey are covered by workers’ compensation. This includes domestic workers and farm workers. However, independent contractors are not usually covered. The insurance exists so employees do not lose their jobs if they cannot come to work due to the injury. This compensation allows individuals to collect benefits that assist them while they are unable to work. This can cover medical bills, lost wages, and any lost future wages. In addition to this, employees may have the right to other benefits such as:
- Medical care
- Supplemental benefits
- Social security benefits
- Death benefits
- Long term benefits in the event that they are no longer able to work
When an employee is injured at work, it is important for them to report the accident to their employer immediately. Once a claim is filed, the individual may receive temporary total disability payments if they cannot return to work after the accident. The claim is reviewed to determine if it is covered under Workers’ Compensation Laws. Once a decision is reached, both parties have the right to appeal the decision if they see fit.
Who is Responsible?
When an employee is hurt at work, they are able to hold their employer responsible. However, doing so can create a very uncomfortable work environment. Instead of pursuing an employer, workers’ compensation is available to employees. When this happens, neither the employee or employer is held responsible for the incident. This protects both parties involved, as employees are not able to take legal action against their employer if they receive workers’ compensation.
Third Party Lawsuits
While legal action cannot be sought against an employer in this case, an employee may be able to do so against a third party. If another party is responsible for their injury, the individual can pursue legal action against the third party if they are responsible. This can be done while they still collect workers’ compensation. To prove liability, the employee is required to prove the third party knew, or should have known about, the hazard that caused their injury. If the lawsuit is successful and the employee wins further compensation, they may be required to pay back the workers’ compensation they received.
Contact our Firm
If you or a loved one has been injured in a construction accident and wishes to seek legal counsel, contact the Law Offices of Stathis & Leonardis, LLC. today.
Stathis & Leonardis, LLC is an experienced personal injury law firm in Middlesex County, New Jersey that is committed to helping clients who have been hurt because of the negligence of another party. If you have been involved in a motor vehicle accident or were injured on another person’s property, contact our firm today.