New Jersey Compensation Attorneys
COVID-19: An Update
IF YOU’VE BEEN EXPOSED TO COVID-19 WHILE AT WORK AND YOU HAVE BEEN INJURED AS A RESULT, YOU MAY BE ENTITLED TO NJ WORKERS’ COMPENSATION BENEFITS.
Did you know you may be entitled to Workers’ Compensation Benefits if you were exposed to COVID-19 in the workplace?
New Jersey Workers’ Compensation Law allows for injured workers to recover benefits in the event of an “occupational exposure.” The injured worker must show that it is more likely than not that the injury occurred as a result of causes and conditions related to a particular occupation, job process or procedure, or place of employment. See, N.J.S.A. 34:15-31.
In relation to COVID-19 exposure cases, some questions to consider are:
- Was there an increased risk of exposure due to the worker’s occupation, such as first responders, healthcare workers and ”essential” business employees?
- If not for their job, would there have been exposed to the virus?
- Can the worker identify a potential specific source or event during the performance of his or her employment that resulted in exposure to the new coronavirus?
As with any alleged “occupational” medical illness, the question of whether workers’ compensation applies in New Jersey is whether the employee contracted the coronavirus directly from the workplace and in the course of employment.
There may be certain professions where the causal link between the workplace and the contraction of the illness may be more likely to have occurred. For example, medical providers treating or caring for patients who have tested positive for COVID-19 may have a stronger argument, with sustainable proof of a causal connection between exposure to the virus within the confines of the employment.
In those cases that are found compensable for COVID-19 work-related injuries, a psychiatric component could also arise and provide for additional benefits. As some COVID-19 cases lead to death, there is also the possibility of a claim for dependency benefits by legal dependents if a causal link can be established between the contraction of the disease and death.
For more information on coronavirus claims in the workplace, we welcome you to contact the Judd Shaw Injury Law Workers’ Compensation Team at 1-866-909-6894.
We Help Get Compensation for Work Injuries
At Judd Shaw Injury Law, we believe that all workers deserve safe workplace environments, adequate job training, and adequate protective equipment should an accident occur. When workers get hurt on the job, we believe they should be compensated fairly for their injuries and lost wages.
The State of New Jersey requires any employer with at least one employee to carry Workers’ Compensation insurance benefits to protect workers hurt on the job. At Judd Shaw Injury Law, we know what it takes to build a strong Workers’ Compensation claim and we want to help you get the compensation you deserve for your work-related injury or illness. Contact us today at 1-866-909-6894 or complete our online form now for a free case review.
Type of Workers’ Compensation Benefits
When a worker is hurt on the job, the State of New Jersey requires employers to provide certain types of benefits. First, the employer must provide the worker with “medical benefits.” This means that the employer is required, by law, to provide an employee who is injured on the job with appropriate medical care until such time as the injured worker is cured or relieved of the effects of the accident or injury.
Next, if an injured employee is out of work for more than seven (7) days as a result of the work-related injury or illness, the employer must provide “temporary disability benefits.” This means that the employer must pay an injured worker while they are out of work due to the effects of the work related injury.
Finally, if the effects of the work-related injury are permanent, the injured worker is entitled to “permanency benefits.” The term “permanency” does not mean that the worker is totally disabled. The benefits are intended to compensate the injured worker for the effects of the work-related injury which can never be cured. In some cases, injured workers may retain the right to reopen their case if the condition of their work-related injury worsens.
The Workers’ Compensation laws in the State of New Jersey are complex. In order to ensure that you are receiving all benefits to which you are entitled, contact Judd Shaw Injury Law today for a free consultation!
Don’t leave your financial future after a workplace accident up to chance, and don’t risk getting rejected. Get a lawyer on your side today. With our No Fee Guarantee®, you have nothing to lose when you contact us. You won’t owe us a dime unless we get money for you. Contact us now to get started.
Why did the Employer Deny Workers’ Compensation Benefit?
The Workers’ Compensation laws are difficult to navigate on your own. Many times, employers are not familiar with the Workers’ Compensation laws and may incorrectly advise an injured worker. Sometimes, Workers’ Compensation insurance companies wrongfully deny benefits. There are many reasons why an employer or Workers’ Compensation company may deny benefits.
The most common reasons for denial of benefits are often related to “notice.” In most cases, an injured employee must notify their employer that they were injured on the job within ninety (90) days of the accident or injury. Some types of claims have much shorter notice requirements. For example, the law indicates that hernias must be reported within forty-eight (48) hours.
If you think you may have been injured on the job, it is always best to immediately inform your employer, seek medical treatment and then contact Judd Shaw Injury Law. The Workers’ Compensation attorneys at Judd Shaw Injury Law have the experience and knowledge to guide you in the event your benefits are denied and we will fight on your behalf to get these benefits approved.
Frequently asked questions about new jersey workers’ compensation benefits
Am I entitled to Workers’ Compensation benefits when the accident was my fault?
Unlike many areas of injury law, Workers’ Compensation does not consider “fault” for an accident. The only requirement for access to Workers’ Compensation benefits is that the accident occurs on the job.
What can I do if the Workers’ Compensation doctor says I don’t need more treatment?
In the event that the Workers’ Compensation carrier is not providing adequate medical care, there are several options. In order to ensure that you get the treatment you need, contact Judd Shaw Injury Law today for a free consultation!
Can my employer fire me for filing a Workers’ Compensation claim?
In the State of New Jersey, it is against the law for an employer to retaliate against an employee for filing a Workers’ Compensation Claim.
What if my injuries aren’t severe enough to file a Workers’ Compensation Claim?
Without proper medical evaluation, the nature and extent of injuries cannot be determined. If your injury gets worse over time, it may be too late to file a Workers’ Compensation claim! The most important thing that an injured worker can do is protect themselves in the event they are hurt on the job. The best way to protect yourself is to file a Workers’ Compensation Claim.
Contact a Workers’ Compensation Attorney
We know that the legal system and compensation claims processes can be intimidating for victims like you. At Judd Shaw Injury Law, it’s our goal to make the legal process as smooth as possible for our clients. That’s why we created the Judd Shaw Way—five core principles that ensure we put our clients first in everything we do. After a workplace injury, let us put your best interests first. Contact us today for a free consultation.