When you get hurt at work, in most cases, you are entitled to file for Workers’ Compensation. That’s the law. Employers in New Jersey are required to provide benefits for employees. In exchange for doing so, workers are not usually permitted to legally hold their employer responsible for the accident that caused their injuries. The exception is when it can be proven that the employer intentionally caused the accident or circumstance that resulted in employee injuries or wrongful death.
According to NJ Statute Title 34, Workers’ Compensation is a “no fault” insurance system that provides medical treatment, lost wages and additional financial compensation depending on the extent of long-term injuries.
Unfortunately, however, just because a company provides Workers’ Comp insurance doesn’t mean it has to approve every claim that’s made. The law provides protection for employees against company retaliation for filing a comp claim. However, many workers are afraid to collect the benefits they need, want and deserve following a worksite accident. Why? Simply put: they need their jobs and are afraid of getting fired.
Legally, the employee cannot be terminated for filing a Workers’ Compensation claim based on a legitimate workplace accident and injuries. Still, where there’s a will, there’s a way. Employers often create reasons for firing, demoting or discriminating against employees who filed comp claims. They may say the employee was hired “at will” and that they are downsizing or no longer need the particular position filled, as examples. The result is that workers aren’t getting the medical treatment they need because they are afraid of losing their jobs.
Regardless, employees in New Jersey have rights. If you or someone you love was injured in a workplace accident, you are likely in pain and overwhelmed. Hire a personal injury lawyer who will take on your fight so you can focus on recovery.
If you have been injured on the job, you shouldn’t have to decide between filing for Workers’ Comp and keeping your job. Contact Lombardi and Lombardi today for sound legal representation. We’ll protect you and your employment and make sure you receive the benefits you deserve.