Workman's Compensation

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Workman's Compensation

What is it and how does it help me?

The very first thing you need to know about Work Comp is that it is different in each and every state. The basics are the same but it stops there. Simply put--I cannot put all the differences on this one page. The only true way to know the exact rules for your state is to contact the appropriate state agency where you live. Here on this page I will attempt to give you those basics that apply in each state and some of the information that you will not find without help.

One study claims that "Only 6% of all worker's compensation claims are caused by unsafe working conditions, 2% by acts of God, leaving 92% caused by employee negligence, fraudulent claims, and/or inflated claims" (Hilb, Rogal and Hamilton company of Oklahoma). Another article says that "Statistics indicate that people, not workplace conditions, cause 80% of all injuries. Another study shows human error accounts for 90% of all industrial accidents" (Industry News).

Most sites on the Internet will give you the same basic information about Workman's Compensation. Here is a sample of what you will read.

Workman's Compensation

1. What is the purpose of the workers' compensation system in New Jersey?

The goal of the system is to relieve the injured employee from the necessity of paying for his or her own medical care and to replace lost wages during the time when it is not possible to work due to the injury as well as to compensate the worker for any injury that is found to be permanent.

2. Is it a requirement that all employers carry workers' compensation coverage?

Yes. The Legislation as enacted in New Jersey requires that all employers cover their employees with workers' compensation protection. The employers purchase coverage from private insurance companies and the concept of the coverage is that the cost of same is passed along to the consumer in the final product or service that is rendered.

3. If I am hurt on the job can I sue my employer?

No. The purpose of the Workers' Compensation Act is to eliminate "negligence" type lawsuits against the employer. Employees are entitled to coverage and payment even if they were negligent in their actions and conversely in return for Legislative guaranty of payment and medical treatment a worker cannot sue his employer or co-worker when an accident has occurred.

4. Can I go to any doctor that I want to treat my injuries?

No. Under the Legislation in New Jersey the employer has the right to direct medical care. Therefore, you must ask your employer for the name of an authorized physician to treat your injury. If you do not, you run the risk of having to pay for the treatment from your own monies.

5. Do I get paid while I am injured?

Yes. Payment of temporary disability benefits is based on a percentage of your gross weekly wages with a maximum set each year by the State of New Jersey.

6. Do I get compensated if I am permanently disabled as a result of the work injury?

Yes. If you can show that the injury arose out of and in the course of employment and you have a permanent disability that interferes with your ability to work and the normal pursuits of your every day life outside of work, you are entitled to permanent disability payments.

7. How are permanent disability payments calculated?

The amount of money that you can receive for an injury depends on the finding as to a percentage of disability to a particular part of the body or the body as a whole. The amounts are arrived at in accordance with a chart that is produced each year and you are paid in accord with the chart for your year of injury.

8. How am I paid for permanent injury?

You are entitled to receive payment for permanent injury beginning with the time in which you are cleared to go back to work. If settlement is made shortly after the time you go back to work, you will not receive all of your money in one lump sum but will receive it on a monthly basis. However, if a sufficient number of weeks have passed since you have returned to work prior to the settlement of the case you may receive all of your monies in one lump sum.

9. Can I collect workers' compensation benefits for occupational exposure?

Yes. Once again, you must prove that the occupational exposure caused your illness and that it arose out of and in the course of the employment and that there is permanent injury. If you prove those eLements you are entitled to the same benefits as you would be entitled to for a traumatic injury.

10. Can I receive compensation for pain and suffering?

No. By putting in place a system of mandatory coverage and provision of medical, temporary and permanent benefits which are arrived at based on a chart that is produced yearly, there is no provision for any payment for pain and suffering such as in an ordinary civil negligence case.

11. Do I have to pay a lawyer a retainer to represent me in a workers' compensation case?

No. Attorneys in New Jersey are not permitted to take a retainer from their clients in connection with workers' compensation cases. The attorneys are paid based on a percentage of the award that is given to the injured employee. The court will set the fee and will apportion the attorney's payment between the employer and the employee and those monies will be deducted from the initial payment to the employee, thereby not requiring the injured employee to pay any "out of pocket" monies

The best way to get help on your own state regulations is to contact the state Work comp department where you live. You would be surprised just how cheap a small manual will be that gives you all the information you need in your state. I got my own copy of the state manual for only $3.50 in Indiana. It contains nearly 80 pages of information, contacts, and even the forms to file a claim.

Workman's Compensation Resources-

will assist you for a minimum fee of as little as $10

Workman's compensation rules are different across the country. Some are user friendly but most are not. That is the reason we have opened offices both in Massachusetts and Texas. One very important thing to remember is, the insurance companies and your employer for the most part are not on your side at this time. Face it you are a liability to them and they do not want to pay you just because you got hurt doing your job. They just want you to settle in their best interest, not yours. You have the right to choose your attorney, and your doctor, use it. Having trouble finding a lawyer that cares? Well contact us, we will find a qualified attorney to get you started. The fee is minimal and often you make more returns on this investment than you would if you go alone. Contact us, we will help!