What is Workers Compensation?
Workers’ compensation is a term that encompasses what law governs a case in which a person gets hurt at work. In New Jersey, all employers are required to carry Workers Compensation Insurance. IN the event that an employee is injured during the course and scope of their employment, Workers Compensation will pay for medical treatment, temporary benefits and permanency benefits to that injured worker. If the employer does not carry Worker’s Compensation Insurance, there may be penalties under the law against that employer, and the case may need to be filed as an uninsured employer’s case.
What types of benefits are available under Workers Compensation?
The injured worker is entitled to medical care authorized and provided by the insurance company, payment of any and all medical bills, prescriptions resulting from care authorized and paid for by the insurance company, lost wages for any periods of time over seven (7) days due to the work-related accident, further specific lost benefits for amputations or lost use of an extremity and disfigurement, death and funeral benefits as well as benefits for percentage of permanent disability of an organ of the injured worker.
Who provides the benefits under Workers Compensation Act?
The employer is responsible for paying for their own Workers Compensation Insurance. Sometimes an employer will self insure, and they will provide benefits directly, some employers will use one single Workers Compensation Insurance Company, and other employers will use a Workers Compensation Insurance Company that is a third-party administrator to provide and pay for medical and temporary benefits. The employer cannot charge the employee directly for any payment of a premium for Workers Compensation insurance.
What are the responsibilities of the injured worker?
A worker who has been injured during his employment should immediately report this injury, regardless of whether it’s a minor or major injury, to his employer and/or direct, immediate supervisor. The employee should make sure that an incident report is filed as soon as possible and list all of the injuries that the worker sustained, both major and minor.
The injured worker should then request to see a doctor at the direction of the employer. If there is need for emergency treatment, the employee should notify the employer as soon as possible and may go to the emergency room. If the employee cannot notify the employer prior to going to the emergency room, he or she must do so immediately after the emergency room visit.
The injured worker should provide any and all medical providers with the Workers Compensation Insurance Information which can be obtained by the employer/supervisors.
The injured worker is responsible for going to treatment provided and paid for by the insurance company and making sure he or she continues to be diligent with seeing the doctors and getting better.
Should you have any questions about work injuries, contact Michael J. Dennin, Esquire. He handles cases in Camden County, Gloucester County, Burlington County, Atlantic County, Cumberland, Salem, Cape May, Middlesex County, Mercer County, and throughout New Jersey. All discussions are private and all talks with the lawyer are free unless he can make a recovery for you.