Plainfield Workers’ Compensation Lawyer

Workers’ compensation claims occur when someone is injured in the course and scope of their job. In reality, getting the money you deserve may require much more than filing a claim. You may need to appeal decisions, conduct negotiations, and even file a lawsuit.

An experienced Plainfield workers’ compensation lawyer could work on your claim to make sure you get fair compensation for your injuries. Without legal assistance, you could be facing denials or minimal payouts. Our personal injury attorneys are ready to help.

Who Can File a Workers’ Compensation Claim

Any employee who suffers a work-related injury or illness can file a claim, regardless of who is at fault for the incident. However, some exceptions exist:

• Unpaid interns or volunteers (except firefighters)
• Independent contractors
• Federal employees
• Railroad and dock workers
• Sole proprietors without employees

It is the employer’s responsibility to purchase workers’ compensation insurance that covers all eligible employees. If the employer fails to do so, they are liable for all damages that result from work injuries. To recover these damages, the injured worker needs to file a lawsuit.

When a Worker Can File a Direct Lawsuit

The majority of injuries sustained in the workplace have to be covered by workers’ comp insurance. However, in some situations, besides the absence of insurance, the employee may need to sue the employer directly.

Intentional Employer Harm

If an employer intentionally causes an employee’s injury, the injured worker can file a personal injury lawsuit. For example, the employer knowingly exposes an employee to hazardous working conditions.

Unlike workers’ compensation, this lawsuit allows workers to recover non-economic and punitive damages. While proving intentional harm can be challenging, a skilled workers’ compensation attorney from Plainfield could help gather evidence and build a strong case.

Third-Party Liability Claims

If the injury resulted from the negligent actions of a third party, the worker may have grounds for a separate lawsuit. For example, if the injury occurred because the equipment supplier provided faulty machinery.

However, if the worker also receives workers’ compensation, the employer’s insurance provider may claim a portion of any third-party settlement to offset benefits already paid.

Appealing a Denied Claim

If a workers’ compensation claim is denied, the worker can file a formal Claim Petition with the New Jersey Workers’ Compensation Division. A lawyer could help do this properly and, if necessary, pursue further appeals through the state’s appellate courts.

What to Do After Sustaining an Injury at Work

The first thing to do after sustaining a workplace injury is to take care of emergency medical needs. After that, it is important to consult an attorney. Workers’ compensation is rarely a straightforward process. In many cases, it requires legal assistance.

A Plainfield workers’ compensation attorney could help file a workers’ compensation claim properly or initiate a lawsuit if necessary. Even if the worker has already filed a claim unsuccessfully, an attorney can help handle a denial.

Consult an Experienced Workers’ Compensation Attorney in Plainfield Today

If you were hurt while performing your work duties, you have the right to compensation. However, getting the money you deserve is likely to be much harder than filing a simple workers’ comp claim.

Our skilled Plainfield workers’ compensation lawyers at Garces, Grabler & LeBrocq could help you handle the claim and fight for fair damage recovery. To schedule a free consultation, please contact our team at any time.