Don’t Be Afraid to File a Civil Worker’s Comp Case

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Don’t Be Afraid to File a Civil Worker’s Comp Case

iStock_000009703092_SmallThousands of people each year are injured on the job. Thousands of employers each year neglect the injured person’s medical recovery expense. If you have been injured at work, and your employer did not cover for your medical expense, you have an excellent civil case to retaliate.  (*Note:  This does not imply to individual contractors).

 What is Workers’ Compensation?

Workers’ compensation is a “no fault” insurance program that provides the following benefits to employees who suffer job-related injuries or illnesses.

-Medical Benefits

-Temporary Total Benefits

-Permanent Partial Benefits

-Permanent Total Benefits

It also provides death benefits to dependents of workers who have died as a result of their employment

NJ State Law on Worker’s Comp Negligence: 34:15-1.

Employees’ right to recover for negligent injury; willful negligence as defense; jury question. When personal injury is caused to an employee by accident arising out of and in the course of his employment, of which the actual or lawfully imputed negligence of the employer is the natural and proximate cause, he shall receive compensation therefor from his employer, provided the employee was himself not willfully negligent at the time of receiving such injury, and the question of whether the employee was willfully negligent shall be one of fact to be submitted to the jury, subject to the usual superintending powers of a court to set aside a verdict rendered contrary to the evidence.

Negligence by the employer can lead to a civil case in law division of the Superior Court of New Jersey. The majority of work related injuries are filed through the workers’ compensation court system which is governed by the New Jersey Department of Labor. Most cases filed by the employee in workers’ compensation court against the employer lead to benefits to that employee. Those benefits may take the form of a cash settlement, temporary benefits for time missed due to injury and medical treatment for on the job injuries paid 100% by the employer (generally the employer’s workers’ compensation carrier). Corey Morano specializes in defending Worker’s Comp Cases you rightfully deserve to win.

If you’ve been neglected from worker’s compensation, you must take action.  Not only is it immoral for an employer to neglect you, it is against NJ State Law!  At the Morano Firm, we are strongly committed to defending clients who have been wrongfully neglected by their employers for injury benefits.  If you’ve been injured at work and believe you’ve been neglected by your employer to pay for your medical expense, Call The Morano Law Firm LLC Today: 201-598-5019 for a no cost, no obligation meeting to discuss your individual case.

The New Jersey Workers’ Compensation Act

The NJ Workers’ Compensation Act (“Act”), N.J.S.A. 34:15-7, et seq., creates a state remedy where workers are compensated for injuries sustained during the course of employment. N.J.S.A. 34-15-1 states

 

When personal injury is caused to an employee by accident arising out of and in the course of his employment, of which the actual or lawfully imputed negligence of the employer is the natural and proximate cause, he shall receive compensation therefor from his employer, provided the employee was himself not willfully negligent at the time of receiving such injury, and the question of whether the employee was willfully negligent shall be one of fact to be submitted to the jury, subject to the usual superintending powers of a court to set aside a verdict rendered contrary to the evidence.

 

All workers in NJ are covered under this Act unless they specifically knowingly and voluntarily decide not to be covered. In general, the Act uses a “no fault” idea meaning that workers are compensated for their injuries regardless of fault. There are however some exceptions to this “no fault” idea. For example, workers are not entitled to compensation when they injure themselves on purpose.

 

Workers compensation is an exclusive remedy. This means that the only compensation the worker can receive from the employer is through iStock_000009703092_Smallworkers’ compensation. The worker is usually not allowed to bring a civil suit against the employer, however if the employer intentionally injured the worker then, in that case, the worker is entitled to bring a civil suit against the employer. In NJ’s workers’ compensation system there are only three types of compensation: medical benefits, temporary disability benefits, and permanent disability benefits.

 

Under the NJ Workers’ Compensation Act there are two recognized classes of claims: traumatic injury claims, N.J.S.A. 34:15-7 and occupational disease claims, N.J.S.A. 34:15-31. Traumatic injury claims are claims that involve a one time event that causes an injury that is physical or psychiatric in nature. Occupational disease claims are claims regarding an injury that is the result of repetitive activity or multiple exposures over a longer period of time. It is important to distinguish between the two types of claims because they are treated differently under the Act.

 

If you were injured during the course of your employment you may be entitled to compensation. The New Jersey Workers’ Compensation Act is complicated. The above only contains very brief background information so it would be best to consult an attorney. Contact The Morano Law Firm at 201-598-5019 or email newjerseylawyernow@gmail.com to discuss your potential workers’ compensation case today!

How to File a Workers’ Compensation Claim

Have you been hurt at work? Want to learn more about filing a Workers’ Compensation claim? Please contact Corey P. Morano, Esq. at 201-598-5019 for a free consultation. I work on a contingency basis on any and all Workers’ Compensation lawsuits.

The injured worker has the option of filing a formal claim petition with the Division, within the statutory time period which is generally 2 years. The first hearing before a judge of compensation is typically held within six months from the date of filing. Cases are usually assigned to a district office by either the county of residence of the injured worker, or if the worker lives out of state, the county where the employer is located.

 

The vast majority of claim petitions are settled by mutual agreement as to the amount of benefits due and extent of disability. If the issues cannot be resolved during the pretrial stage, trial commences with the taking of testimony of the injured worker, medical and lay witnesses. At the conclusion of trial, the judge renders a decision based upon the relevant evidence surrounding the case. Their rulings are binding and are appealable only to the Appellate Division of the Superior Court.

 

Motions for Medical and/or Temporary Benefits:

The law also provides immediate recourse to the worker in need of prompt medical treatment and temporary benefits. In such instances, the worker may choose to file a “Motion for Medical and Temporary Benefits” which is assigned an initial hearing date before a Judge of Compensation within 30 days of filing. More information on all of this is available on the Department of Labor’s website.

Have you been hurt at work? Want to learn more about filing a Workers’ Compensation claim? Please contact Corey P. Morano, Esq. at 201-598-5019 for a free consultation. I work on a contingency basis on any and all Workers’ Compensation lawsuits.