Jersey City Workers Comp Lawyers

It may sound obvious, but workplace injuries are a common occurrence; according to the Bureau of Labor Statistics, private industry employers in New Jersey reported over 69,000 non-fatal workplace injuries and occupational illnesses in 2022, making for a rate of 2.4 injuries per 100 full-time workers.

With that said, New Jersey has very strict rules about which employers must participate in the workers’ compensation system: Every business with at least one paid worker must carry workers’ comp insurance or have the approval to self-insure; in either case, injured workers must receive both medical and wage-replacement benefits after suffering an on-the-job injury or occupational disease.

Since its founding in 1991, the Jersey City workers’ comp lawyers at Garces, Grabler & LeBrocq have represented injured workers as they navigate the often-complex workers’ comp system. We understand that you depend on your workers’ comp benefits, and thus, we prepare every case we take on as thoroughly as possible.

What Should I Do if I Am Injured at Work in Jersey City?

The workers’ comp system is designed to help injured workers, but insurers still expect them to follow the procedures set out in their state’s workers’ comp laws and regulations. They have no reservations about denying claims, especially when workers fail to follow the rules.

You typically have up to 90 days to report your condition to your employer after suffering an injury or being diagnosed with a work-related disease, but you should act quickly to avoid missing any deadlines.

Typically, you will notify your supervisor, but you can explain your injury to anyone in a position of authority in your workplace, including the human resources department or even the owner. You do not need to provide written notice, nor do you even need to report your injury in person; you can simply tell one of these individuals about your injury via call, text, or email.

That said, keep in mind that your notice must accomplish two things: First, it must directly tell someone in a position of authority; asking a co-worker to tell your boss might not be enough.

Second, it must let your employer know that the incident that caused your injury occurred at work. Your employer must notify their workers’ comp insurer, but that notification can only be made if your employer knows you meet the requirements for a workers’ comp claim.

There may be certain circumstances where you do not need to give actual notice; if someone in authority witnessed your accident or became aware of your accident, they may have what’s known as constructive notice.

Worker’s Comp Claim Process

If you need emergency treatment, you do not need to (nor should you) wait until notifying your employer; seek medical attention and then notify your employer afterward.

For example, suppose your company-issued work truck was involved in a car accident. In such a case, you could receive emergency treatment from paramedics or even take a ride to the hospital in an ambulance before notifying your employer.

After receiving actual or constructive notice of your injury, your employer will notify their worker’s comp insurer; should they fail to do so, you can notify the insurer or the New Jersey Division of Worker’s Compensation, but you should highly consider contacting a lawyer before making that move.

Nevertheless, once it receives notice of the injury, the insurer will open a claim and begin investigating. You may need to discuss what occurred and the injuries you suffered, as well as present copies of your medical records. Afterward, the insurer will either accept or deny the claim.

If it accepts the claim, you will receive medical benefits for your work-related injuries or occupational illnesses. You may also receive wage-replacement benefits if you miss enough work days. If it denies the claim, you can pursue a hearing to review the insurer’s decision.

Some possible grounds for denial include the following:

• You are not an employee
• You were not injured over the course and scope of your employment
• Your injuries are pre-existing conditions
• You were intoxicated, which caused your accident
• You were injured due to unreasonable horseplay or fighting

Since you must present evidence and legal arguments to overcome a denial, you may need a lawyer’s assistance. Contact Garces, Grabler & LeBrocq to discuss how we can help you — we have experience assisting workers overcome denied claims.

What Kind of Worker’s Compensation Benefits Are Provided in Jersey City?

Worker’s compensation pays three types of benefits for work injuries: