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Workers’ Compensation vs. Workplace Injuries: Is There a Difference?

new jersey brain injury attorney

Nobody wants to get injured on the job. Depending on your line of work, you could have a high chance of being injured or a very low chance. But regardless of the type of work you do, you should know which type of injuries are compensable and which are not. Contacting a New Jersey workers compensation lawyer or a New Jersey workplace injury lawyer from Rossetti & DeVoto, PC, is the first step to understanding what you may be owed based on your injury.

Below, we have outlined the ways in which you can tell whether or not you are eligible for workers’ compensation and should consult a New Jersey workers comp lawyer or a New Jersey workplace injury lawyer to discuss your options.

Available Federal Disability Programs

According to the Department of Labor, there are four major disability programs available to Federal workers who have been injured on the job or who have contracted an occupational disease from working:

  • Wage replacement benefits
  • Medical treatment
  • Vocational rehabilitation
  • Other benefits

Federal Employees, Longshore employees, Energy employees, and Miners who contract Black Lung are covered under separate programs. For more information on these programs and whether or not you are eligible, visit the Department of Labor website.

If you are a federal employee who has been injured on the job and believe that you may qualify for one of the programs listed above because you lost wages or have medical bills that are a direct result of your injury, contact a New Jersey workers comp lawyer or a New Jersey workplace injury lawyer to talk about your next steps.

Available State Disability Programs

However, those who are not employed by the federal government must go through their state laws for workers’ compensation. Thisnew jersey brain injury attorney includes workers at private companies or those who work for state and local governments. For New Jersey, workers’ compensation is overseen by the Department of Labor and Workforce Development. They have a page on their website talking about what to do if you are injured on the job. There are also benefits if a loved one has died as a result of their job.

In the event of injury, you can receive:

  • Medical Benefits
  • Temporary and Permanent Wage Loss Benefits
  • Permanent Disability Benefits

If you or a loved one has been injured while working, you likely qualify for compensation based on medical bills or lost wages.  Workers’ Compensation is a “no fault” system so the most important factor in receiving benefits is that you were hurt at work, not whether you or someone else was at fault. As a first step, you should report any workplace accident to your work supervisor immediately, so there is a record of you being hurt on the job and so that necessary medical treatment is obtained.

You should contact a New Jersey workers comp lawyer and New Jersey workplace injury lawyers to schedule a free consultation to talk about what you should do next.  A timely Claim Petition must be filed or you may not receive your full benefits.  In addition, employers have the right to select the physician who examines an injured worker or the medical bills may not get paid.

Can I sue my Employer or anyone else for my Injuries at Work?

In most states, you cannot sue your employer or a co-employee for injuries on the job except for making a claim for the benefits we described above.  However, many workplace injuries are caused by someone other than your employer or a co-employee.  For example, many injuries in the workplace occur with the use of equipment such Cranes, Forklifts, Tools, and Machinery.  An employee may sue the manufacturer of such equipment if the defect and faulty equipment caused the injury.  Similarly, injuries on construction sites are often caused by persons and companies who are not the injured worker’s direct employer such as general contractors or construction managers.  In cases where you are hurt on the job and the injury is caused by someone other than your employer, you may make a claim for Workers’ Compensation benefits and file a lawsuit against the wrongdoer.  Keep in mind, that the case you bring against the non-employer wrongdoer is not a “no fault” case and their fault must be proven in order for you to win.

Consult a New Jersey Workplace Injury Lawyer Today

Rossetti & DeVoto is an experienced personal injury firm that has lawyers available to handle your New Jersey workplace injury case if you have been injured on the job. Contact us today for a free consultation by visiting us online or calling 856-475-8261.

Lou and Andy Named to Best Lawyers

Rossetti & DeVoto

Lou DeVoto and Andy Rossetti have again been named to New Jersey's Best Lawyers for Personal Injury Litigation. This is the 15th year in a row that each attorney has been named in the elite rankings.

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Rossetti & DeVoto

Rossetti & DeVoto, PC was selected for inclusion in the Bar Register of Preeminent Lawyers by Martindale-Hubbell, ranking them among the most distinguished law firms in America. Fewer than 5% of all law firms are included in the Bar Register.

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