Navigating Workers’ Compensation
Whether you work on a construction site or in an office, workplace accidents are unfortunately not uncommon. A workplace injury can seriously impact your life, potentially causing you to need medical treatment and miss work. There are workplace regulations set in place to minimize the risks, but sometimes they aren’t enough to prevent an accident, especially if regulations are ignored by your employer or coworkers.
Workers’ Compensation may seem like a plain concept. Put simply, if you’re injured while at work, you may be entitled to Workers’ Compensation benefits to alleviate the financial burden that often comes with an injury. However, the process can be long and complicated, adding stress to your life while you’re trying to recover. Working with an attorney can make the process easier and ensure you get your rightful compensation. If you’ve been hurt on the job, the New Jersey injury lawyers at Maggs McDermott & DiCicco will help you navigate the intricacies of Workers’ Compensation and will aggressively fight for your rights.
First Steps
The moments following a workplace accident can be some of the most terrifying. You might not think about it often, but it’s important to be prepared and know what to do immediately after an accident, especially if you work in a potentially dangerous environment. If you’re injured in an accident at work, these should be your first steps:
- Get Medical Help: Your health and wellbeing should always be the top priority. Always seek medical attention right away. Accept any medical help offered at the scene.
- Report the Accident: Tell your employer immediately about the accident. The law requires you to inform your employer as soon as possible and waiting too long after the accident can weaken your case. Your employer may have some paperwork for you to fill out, so be sure to keep a copy for your records. If you plan to file for Workers’ Compensation, notify your employer in writing within 30 days of the accident.
- Collect Evidence: If it’s safe to do so, document the scene. Take photos or videos and write down the contact information for any witnesses. Get documentation of your injury from your doctor, and keep records of any correspondence with your medical team, employer, insurance company, and the Workers’ Compensation Board.
- Contact an Attorney: Once you have gotten medical help and you’re able to do so, you should contact a lawyer. Your employer’s insurance company is there to protect your employer’s interests, not yours. Do not sign anything before speaking with a personal injury attorney. Call Maggs McDermott & DiCicco at (732) 359-2551. We’re here to protect your rights.
Types of Injuries
Many types of physical and psychological injuries can occur during a workplace accident, especially if you work on a construction site or another potentially dangerous workplace. Injuries such as:
- Orthopedic injuries such as bone fractures
- Neck and back injuries
- Lacerations
- Bruises
- Burns
- Sprains
- Strained muscles
- Head injuries/concussions
- Cumulative trauma (i.e., repetitive motions)
- Exposure to toxins
If you work on a construction site, you may be exposed to many hazards that can cause injury, like:
- Falls from scaffolding, roofs, or ladders
- Injuries from fallen objects
- Tool injuries, such as from nail guns and welders
- Heavy machinery, crane, and forklift accidents
- Electrocution and fires
- Toxic chemical exposure
Even if you don’t work in a highly dangerous environment, you may still experience other common workplace injuries, like:
- Repetitive Stress Injuries: Performing a movement over and over can cause repetitive motion injuries. It’s the employer’s responsibility to be aware of this risk and to provide proper ergonomic protection.
- Slips and Falls: Although they are a more common problem for those who work in factories, construction jobs, and mines, a slip and fall injury can happen in an office environment as well. A slip and fall can cause serious and potentially permanent medical issues.
- Toxic Exposure: Workers who are exposed to toxic chemicals must be provided the proper personal protective equipment by their employer. However, this does not always prevent health issues from arising from chronic exposure.
- Psychological Harm: A hostile, hazardous, or high-stress work environment can cause psychological or emotional trauma. An employee may develop a stress-related disorder that requires treatment and renders them unable to work.
Regardless of the injury or work environment, getting injured on the job can seriously impact your life, lead to costly medical expenses, and cause you to miss work. It’s important to choose an attorney who will guide you through the process and fight for your rights. If you’ve been hurt on the job, contact the New Jersey injury lawyers at Maggs McDermott & DiCicco.
Construction Site Accidents: Keynotes
Construction site injuries can be especially complicated to navigate, as multiple parties may be considered legally and financially responsible. An injured worker is entitled to Workers’ Compensation, but that is often not enough to fully cover lost wages and medical expenses. In addition to their employer, an injured worker may also seek damages from third parties, such as developers, contractors, engineers, manufacturers, suppliers, delivery services, or other parties who work on the site.
If you’ve been injured in a construction accident, your employer may tell you that your compensation is limited to what you receive from the Workers’ Compensation Board. However, that’s not the case in many situations, and often Workers’ Compensation coverage fails to provide sufficient compensation for the injured worker. A Workers’ Compensation attorney can help you seek additional damages if your employer was negligent or if the injury was caused by a third party, such as the manufacturer of a defective product or a toxic substance.
Legal Recourse
Many states require employers to have Workers’ Compensation insurance to cover medical expenses and some of the worker’s lost wages. However, the program doesn’t always provide adequate compensation for serious injuries. Our experienced personal injury attorneys can advise if you have grounds to sue your employer for additional damages.
The Claim Process
If your injury happened while in the workplace or while performing your job, you have the right to seek compensation. However, you will need to be able to provide evidence that your injuries were caused by a workplace accident, and that the accident was related to your work. Your claim can still be denied for a technicality if you aren’t familiar with the legal process. That’s why it’s important to speak with a Workers’ Compensation attorney before filing your claim.
When you work with the team at Maggs McDermott & DiCicco, our attorneys will evaluate the necessary information needed to build a strong case. We look at factors such as the type of injury to ensure it qualifies. We’ll then determine how debilitating and damaging the injury is. We’ll consider whether the injury will cause long-term effects, or if it drastically reduces your quality of life. All these factors and more will help us to build a strong case for your claim.
Settlement or Litigation?
As with many personal injury cases, sometimes a settlement for Workers’ Compensation can be reached before trial. However, our attorneys focus on determining the BEST course of action to get the most compensation for our clients, not the easiest. While litigation isn’t always the answer, many times it is. If we believe we can earn you more in compensation through a trial, we will be honest and recommend litigation as the best course to take. Our attorneys have years of experience with a variety of workplace accident claims and will explore every option to get the most for your claim.
Contact Us Today
Don’t wait to contact us if you’ve been injured at work in New Jersey. The attorneys at Maggs McDermott & DiCicco will aggressively fight for you.