
If you’ve been injured on the job, you may be entitled to benefits through the state’s workers’ compensation system. Here at Gruber, Colabella, Thompson, Hiben & Montella, we help injured workers through every step of the workers’ compensation claims process in pursuit of the benefits they deserve and need. Whether you work in construction, manufacturing, healthcare, retail, or an office environment, our New Jersey workers’ compensation lawyers are on your side. Contact us today for a free case evaluation.
Common Work Injuries
Workplace injuries in New Jersey come in many forms. Some are sudden and traumatic. Others develop gradually over time due to repetitive tasks or unsafe working conditions. Regardless of how an injury occurs, workers have the right to seek benefits. Some of the most common work-related injuries we see are as follows:
- Back injuries and herniated discs from lifting or repetitive motion
- Fractures and sprains caused by slips, trips, and falls
- Traumatic brain injuries due to falling objects or machinery accidents
- Carpal tunnel syndrome and other repetitive strain injuries
- Burns, electrical shocks, and chemical exposure
- Hearing loss due to prolonged noise exposure
- Occupational illnesses such as respiratory problems from inhaling toxic substances
Even minor injuries can lead to complications if left untreated, and many workers are surprised to learn that overuse injuries and stress-related conditions may also be covered. If you are unsure whether your injury qualifies, our workers’ compensation lawyers can evaluate your case.
Steps to Take After a Work Injury
If you suffer an injury at work, it’s important to take certain steps right away. If possible, you should do your best to take the following steps:
- Report the Injury Immediately: Notify your employer or supervisor as soon as the injury happens. Under New Jersey law, you must report the injury to your employer within 90 days, but it is best to do so right away. Reports can be made verbally or in writing.
- Seek Medical Treatment: Your employer has the right to choose the medical provider for your treatment. If you go to your own doctor without authorization, your medical expenses may not be covered unless it’s an emergency.
- File a Workers’ Compensation Claim: Your employer should notify their workers’ compensation insurance carrier. If benefits are denied or delayed, you may need to file a formal claim petition with the New Jersey Division of Workers’ Compensation.
- Keep Records: Maintain detailed notes, medical bills, and any correspondence related to your injury and treatment. These documents are useful if your claim is challenged or denied.
- Speak to an Experienced Workers’ Compensation Lawyer: If you’re not receiving the benefits you deserve or if you are unsure about your rights, a dedicated injury lawyer in your corner can make a world of difference.
Who is Covered Under Workers’ Compensation in NJ?
New Jersey law requires almost all employers to carry workers’ compensation insurance, and nearly every employee in Sussex County is covered, including full-time, part-time, and seasonal workers. Even undocumented workers may be entitled to benefits under certain conditions.
However, not every worker qualifies. Independent contractors, volunteers, and certain casual or freelance workers are typically excluded, though employers sometimes misclassify workers inappropriately. If your employer claims you are not covered, but you perform the duties of an employee, that classification can be challenged legally.
Coverage begins the moment employment starts. You do not need to be working for a certain number of days or weeks before coverage applies. If you’re injured while performing your job duties—even off-site or while traveling for work—you may be eligible.
What Does Workers’ Compensation Cover in NJ?
Workers’ compensation provides several types of benefits to New Jersey employees who suffer a job-related injury or illness. These benefits are as follows:
- Medical Benefits: Workers are entitled to reasonable and necessary medical treatment, prescriptions, and hospitalization related to the injury. The employer or their insurance provider will choose the treating doctor.
- Temporary Total Disability (TTD): If you are unable to work for more than seven days, you may receive TTD benefits equal to 70 percent of your average weekly wage, up to the state maximum, while you recover.
- Permanent Partial Disability (PPD): If your injury results in a lasting impairment, but you can still work in some capacity, you may be entitled to additional compensation based on the nature and extent of the disability.
- Permanent Total Disability (PTD): If you are unable to return to any type of work due to your injury, you may qualify for ongoing benefits, possibly for life.
- Death Benefits: If a work-related injury results in death, dependents of the deceased worker may receive compensation for lost wages and funeral expenses.
Importantly, workers’ compensation is a “no-fault” system. This means you do not need to prove that your employer did something wrong to receive benefits. You only need to show that the injury occurred in the course of your employment.
Workers’ Compensation Vs. Third Party Claims
It’s important to understand the difference between a workers’ compensation claim and a third-party personal injury claim. In most cases, you cannot sue your employer directly for a work injury. Workers’ compensation is your exclusive remedy against the employer. However, if a third party—someone other than your employer or a co-worker—caused or contributed to your injury, you may have an additional legal claim.
For example:
- If a subcontractor on a job site was responsible for unsafe conditions
- If you were injured in a car accident caused by another driver while performing job duties
- If defective equipment or machinery caused your injury
In those situations, you can file a separate personal injury lawsuit against the negligent third party, which may allow you to recover damages beyond what workers’ compensation provides, such as pain and suffering or full wage loss.
Contact Our Workers’ Compensation Lawyers in Sussex County Today
If you or a loved one has been injured at work in Sussex County, don’t wait to get the help you need. At Gruber, Colabella, Thompson, Hiben & Montella, our workers’ compensation lawyers are committed to representing injured workers throughout Northern New Jersey. Contact us today to schedule your free initial consultation.
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