Trenton Workers' Compensation Lawyer
WORKERS’ COMPENSATION – OVERVIEW
Workers’ compensation benefits are commonly awarded for work-related injury, death, and illness. They are intended to help injured workers and their families continue to meet their financial needs and responsibilities. If you or a loved one has been injured or fallen ill in the course of employment, our experienced and skilled workers’ compensation attorney, Mark G. Davis, Esq., can assess your potential claim and fight for your entitlement to disability benefits. Mr. Davis routinely represents clients who have sustained catastrophic workplace injuries and has obtained substantial awards for them through both negotiated settlements and trial verdicts.
According to the U.S. Census Bureau, the average worker who files for workers’ compensation benefits receives $5,848.00. If you have fallen from scaffolding, developed carpal tunnel syndrome from repetitive use of your hands/fingers, or acquired an occupational illness from exposure to certain elements, NJ workers’ compensation law provides for coverage of your medical bills, temporary wage or salary benefits, and permanent disability compensation. You should know that, in New Jersey, you are not required to prove liability on the part of your employer, and that every employer is required to carry insurance coverage for the cost of employees’ work-related injuries.
Although every employer is required to carry workers’ compensation insurance, not every work-related injury and illness are the same. And, similarly, not every workers’ compensation attorney is the same. Serious workplace injuries must be handled by a competent and experienced workers’ compensation attorney in order to maximize your recovery of permanent disability benefits. Contact The Davis Law Firm, LLC for that level and quality of legal representation.
WORKERS’ COMPENSATION BAR TO 3RD PARTY LAWSUITS
Workers’ compensation is usually the only legal remedy that an employee has against their employer if they were injured or sickened in the course of their employment. Stated otherwise, an employee cannot file a 3rd party negligence suit against his or her employer for "pain & suffering," if workers’ compensation benefits are in fact available. The public policy behind this bar is based on an implied bargain between employers and employees in which the employees give up their right to sue their employers and, in exchange, receive the guarantee of workers’ compensation benefits. This bargain reduces tension in the workplace by creating a reliable, predictable method for resolving employer-employee conflict. Although workers’ compensation awards tend to be smaller than those in 3rd party negligence suits, employees will not be left without financial support during drawn-out court proceedings with uncertain outcomes.
TYPES OF INJURIES & DISEASES COVERED BY WORKERS’ COMPENSATION
Essentially, all types physical injury and industrial illness are covered under workers’ compensation benefits so long as the injury was sustained at work or in the course of employment, or a causal connection can be drawn between your injury and employment duties. Common workplace injuries typically include:
- Back injuries (lumbar, cervical, thoracic);
- Traumatic injuries or wounds;
- Bone fractures;
- Adverse physical reactions to certain elements or conditions; and
- Repetitive-stress injuries, such as carpal tunnel syndrome.
STEPS TO TAKE IF VICTIM OF WORK-RELATED INJURY/ILLNESS
First and foremost, you should obtain the necessary emergency medical treatment. Second, and equally important, give notice of the injury or disease to your employer [or superior] as quickly as possible. And, finally, contact a knowledgeable and experienced workers’ compensation attorney without delay to discuss your best course of action.