If you are being denied benefits after being injured in the workplace, a New Jersey workplace injury lawyer from Brach Eichler Injury Lawyers are here to help you fight for the compensation you deserve.
When you are injured at work, you should be covered by workers’ compensation. This pays your medical bills and replaces some of your lost wages. Unfortunately, injured workers often get their legitimate claims denied. Frequently, employers charge their workers aren’t covered because they are independent contractors or their injury isn’t work-related. Without workers’ comp benefits, these workers face severe financial hardship. However, even if they get their full workers’ comp benefits, injured workers are not fully compensated. Yhey haven’t gotten full wage replacement and they’ve gotten nothing for their pain and suffering. However, there is a way to obtain full compensation under certain circumstances.
At Brach Eichler Injury Lawyers, our New Jersey workers compensation attorneys are devoted to winning full compensation for our clients. If you’ve been denied workers’ comp benefits, we’ll use all our knowledge and skills to appeal that denial. We will make it so you can access the benefits you deserve. We thoroughly investigate the circumstances of our injury to determine whether third-party negligence played a role. This is because the law allows you to pursue a negligence lawsuit to recover full personal injury damages. This is only if someone with whom you do not have an employer-employee or co-worker relationship caused an accident that injured you. Fighting for the full range of benefits and your full compensation is something we are passionate about. And our passion produces positive results.
Do I Need A Workplace Injury Lawyer in New Jersey?
While you may be under the impression that legal assistance is unnecessary to pursue a workers’ compensation claim, various issues can arise. However, that makes obtaining benefits challenging. Noncompliance with certain filing deadlines, incomplete application forms, and medical records are among them.
An experienced New Jersey workplace injury attorney knows how to validate the initial claim and ensure it is filed on time so you can start receiving benefits as soon as possible. An attorney will vigorously contest the denial of a claim and handle any disputes over a disability rating. Further, a workplace accident attorney in New Jersey is equipped to perform an independent investigation to determine the cause of the accident and identify each liable party.
As alluded to above, New Jersey’s workers’ compensation laws protect negligent employers and co-workers from lawsuits. It does not protect third parties, however, such as subcontractors, employees of subcontractors, and industrial machinery manufacturers. If any one of those third parties was responsible for the accident that harmed you, the path is clear for you to sue for personal injury damages, and Brach Eichler Injury Lawyers is ready to fight aggressively for you.
A workplace injury attorney in New Jersey can negotiate a possible settlement. When necessary, take your case to trial to seek fair and full compensation.
An insurance company may contact you soon after your accident to offer you a workers’ comp stipulation. They may also offer a similar lump-sum personal injury settlement to resolve your case. This likely amounts to a low-ball offer that minimizes what the insurer should pay for your physical and financial hardships. Let a dedicated New Jersey workplace injury lawyer negotiate on your behalf to make sure you are fully compensated.
Why Choose Brach Eichler Injury Lawyers To Handle My Workplace Accident Case?
Brach Eichler Injury Lawyers has recovered more than $535 million for our clients. As experienced New Jersey workers compensation attorneys, we have decades of experience in personal injury litigation.
Brach Eichler Injury Lawyers has been recognized as the best law firm in New Jersey with a tier-1 ranking for personal injury litigation. Brach Eichler Injury Lawyers combines experience, expertise, and attention to detail to deliver quality results while excelling at client care during an exceptionally trying time in your life.
We also handle workplace accident cases on a contingency fee basis. You pay us nothing until you receive a financial award.
Rate of work injuries in New Jersey and throughout the country
You’re not alone if you have been hurt in a workplace accident. According to the U.S. Bureau of Labor Statistics, private industry employers throughout the United States reported about 2.6 million nonfatal workplace injuries and illnesses in 2023, which occurred at a rate of 2.4 cases per 100 full-time equivalent (FTE) workers. This was a significant decrease of about 235,200 workplace injuries from 2022. In New Jersey, the rate of nonfatal workplace injuries for 2022 was 2.4 per 100 FTE. This is just slightly above the national average. But the Garden State saw 116 fatal work injuries in 2022, the leading causes of which were:
- Transportation — 46
- Falls — 19
- Contact with object or equipment — 0
- Violence — 18
- Exposure to harmful substances and environments — 21
The rate of workplace injuries should be a cause of concern for New Jersey workers and employers alike.
The Most Common Causes of Workplace Injuries
Both workers and employers have a responsibility to help reduce workplace injuries. For this to happen, it helps to understand the major causes of workplace injury, which are:
- Overexertion — These injuries include muscle strain, lower back strain, and strain on the heart from physical activities at work.
- Slipping/tripping — Encountering a slick surface or an impediment on the ground can send an unsuspecting worker crashing painfully to the ground.
- Fall from a height — A fall from one level of a structure to another, as often happens at a construction site, can be deadly.
- Reaction injury — When you slip/trip but don’t fall, you can still injure yourself trying to remain upright.
- Falling objects — Objects that fall from a shelf or a tool dropping from a scaffold. The heavier the object and the longer the drop, the more serious the injury.
- Walking into objects — When a worker accidentally bumps into a hard object, such as a wall, door, or table, trauma to the head, foot, knee, and neck is common.
- Vehicle accidents — Whether you drive for business purposes or are present around moving vehicles, the danger is constant, and the results can be deadly.
- Machine entanglement — Getting a body part caught in machinery is painful and can result in crush injuries, limb loss, and shock from blood loss.
- Repetitive motion — Repeating the same task repeatedly without rest can cause painful inflammation and joint and tissue damage.
- Violence — Assaults in the workplace can cause serious injury and death.
The Most Common Workplace Injuries
Workplace accidents can cause a wide range of serious injuries and others that could be fatal. Some of the most frequent types of injuries include:
- Fractures
- Neck injuries
- Sprains
- Internal organ injuries
- Lacerations
- Burn injuries
- Muscle strains
- Traumatic brain injuries (TBIs)
- Paralysis
- Spinal cord injuries
When a worker is tragically killed on the job, that person’s family is usually entitled to wrongful death benefits through workers’ comp. Again, a civil lawsuit is also possible when third parties bear responsibility for what happened.
Together, alert workers and employers can greatly reduce the incidence of workplace injury. Where there is a will, there is a way.
We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
Contact Your New Jersey Personal Injury Attorneys
Is your workplace contributing to injured workers?
Unfortunately, too many employers do not stress a culture of safety in the workplace. In fact, by cutting corners on safety, they make the workplace much more dangerous than it has to be. This is evident in the number and kind of safety standard violations that are seen in the workplace. In 2023, the Occupational Safety and Health Administration reported that the most frequently violated safety standards were:
- Fall protection
- Hazard communication standard
- Ladders
- Scaffolding, general requirements
- Powered industrial trucks
- Control of hazardous energy
- Respiratory protection
- Fall protection training
- Eye and face protection
- Machinery and machine guarding
A quick comparison between this list of violations and the most common types of injuries reveals a close correlation, if not direct cause and effect. Unfortunately, an injured New Jersey worker cannot automatically sue an employer for a safety violation, even when that violation produces an injury. The worker can sue, however, if a third party violates the safety standard.
How Third-Party Negligence Lawsuits Work
As mentioned above, New Jersey workers compensation lawyers can provide essential support to a worker who gets full workers’ comp benefits but still suffers an economic loss and recovers nothing for the pain and suffering the injury causes. Those damages are only available through a negligence lawsuit. New Jersey’s workers’ compensation statute protects negligent employers and coworkers from lawsuits but does not protect third parties, such as subcontractors, employees of subcontractors, and manufacturers of industrial machinery. So, if one of those third parties was responsible for the accident that harmed you, the path is clear for you to sue for personal injury damages, and Brach Eichler Injury Lawyers is ready to fight aggressively for you.
Frequently Asked Questions (FAQs) About Workplace Accidents
An accident on the job site can instantly turn a worker’s life upside down. Here are some clients who often ask questions when they meet with us for a free case evaluation. To discuss the details of your New Jersey workplace accident claim, call us today at (973) 364-8300 or contact us online. You also might find a review of some of our client testimonials informative.
What is workplace compensation and what do you need to know about New Jersey workers compensation laws?
Workers’ compensation is a state-mandated insurance program that provides benefits to employees who suffer work-related injuries or illnesses. In New Jersey, the workers’ compensation system is designed to offer financial support and medical benefits to injured workers, aiding their recovery and facilitating their return to work. The system is administered by the New Jersey Department of Labor and Workforce Development, ensuring that injured workers receive the necessary assistance and benefits.
Workers’ compensation is a no-fault system, meaning that injured workers can receive benefits regardless of who caused the accident or injury. This system provides a range of benefits, including medical treatment, temporary disability benefits, permanent partial disability benefits, and permanent total disability benefits. In New Jersey, all employers with at least one employee are required to provide workers’ compensation coverage, ensuring that employees are protected in the event of a workplace injury.
What should I do if I was involved in a workplace accident in New Jersey?
Whenever you are involved in an accident on the job, immediately seek medical attention. Remember that many injuries have delayed symptoms. You must report this accident to your employer within 14 days; put your report in writing and keep a copy for your records.
The state Division of Risk Management (DRM) should also be notified after any accident involving serious bodily injury within 24 hours of the employer’s knowledge of the event. There is a two-year statute of limitations on claims filed with the Division of Workers’ Compensation, but you should strongly consider retaining an attorney as soon as possible.
It can also be beneficial for you to take as many pictures or videos as possible of your accident scene after the accident and also collect the names and phone numbers of any eyewitnesses.
What are my rights as an employee involved in a workplace injury in New Jersey?
As an employee in New Jersey, you have the right to receive fair and timely workers’ compensation benefits if you suffer a work-related injury or illness. Your employer is required to provide you with a safe working environment, and if you are injured on the job, you are entitled to receive benefits to help you recover. Understanding your rights can empower you to take the necessary steps to secure the compensation you deserve.
This includes the right to receive medical treatment, temporary disability benefits, and permanent partial disability benefits. Your employer’s insurance carrier is responsible for paying these benefits, and you should receive them in a timely manner. Ensuring that you receive these benefits promptly can significantly impact your recovery and financial stability.
What happens if my employer does not have workers’ compensation insurance for my workers compensation claim?
An employer that does not have workers’ compensation coverage in New Jersey is required to be self-insured. This means that the employer is administering workers’ compensation claims in house or has contracted with third-party administrator to provide these services. You can check with the state or a New Jersey workplace injury attorney for verification if an employer claims to be a self-insured entity. Certain employers may so indicate to discourage injured workers from filing claims. The state can levy fines on employers who fail to comply with state workers’ compensation laws as well as bringing possible criminal charges against them.
What benefits can you claim after receiving a workplace injury?
In New Jersey, there are several types of workers’ compensation benefits available to injured workers. These benefits are designed to help you recover from your injuries and return to work. Understanding the different types of benefits can help you navigate the workers’ compensation system more effectively and ensure that you receive the support you need.
Medical benefits are an essential part of the workers’ compensation system in New Jersey. If you are injured on the job, you are entitled to receive medical treatment to help you recover from your injuries. This includes hospital stays, surgeries, prescriptions, and physical therapy. Your employer’s insurance carrier is responsible for paying for these medical expenses, and you should not have to pay out of pocket for any medical treatment related to your work injury. Ensuring that you receive the necessary medical care is crucial for your recovery and overall well-being.
What is “maximum medical improvement”?
Maximum medical improvement (MMI) describes the point in a person’s recovery at which their condition cannot be further improved. In other words, a worker has exhausted all of their available treatment options. Temporary total workers’ comp benefits are paid until the worker has reached MMI (or has returned to work or reached the 400-week maximum). Employers may often be in a rush to declare that a worker has achieved MMI and often send an employee to doctor who is more likely to reach that same conclusion, which will result in a benefits termination. An experienced New Jersey workplace injury lawyer can arrange for an independent medical exam to bolster your case.
New Jersey Workplace Accident Statistics
The New Jersey Department of Health reported that there were 69,200 non-fatal work-related injuries and illnesses in 2022, one of the lowest number of any year since 2000. This translated to a rate of 2,400 non-fatal work-related injuries and illnesses per 100,000 full-time employees.
According to the New Jersey Department of Health, there were 31,800 cases involving days away from work in 2022, which was an decrease from the 32,600 in 2021 and 41,900 in 2020. This translated to a rate of 1,100 cases involving days away from work per 100,000 full-time employees.
Contact a New Jersey Workplace Injury Lawyer for your Workplace Accident Case
Brach Eichler Injury Lawyers assists injured workers with workers’ compensation disputes and third-party lawsuits related to workplace injuries. If you’ve been hurt on the job and you want to know your right to benefits and damages, schedule a free consultation with our team of knowledgeable and concerned New Jersey workplace injury attorneys at our firm. Call us today at (973) 364-8300 or contact us online to get the compensation you deserve.
