Author Archives: Robert D. Budesa
Do Disabled Individuals Have Special Protection Under Workers Compensation Law?
If previously disabled workers are permanently and totally disabled as a result of a work-related injury, they are entitled to protection under New Jersey’s Second Injury Fund. The fund ensures that workers compensation benefits continue after the employer’s insurance carrier-covered benefits run out. The fund originated in 1923 and was intended to encourage the hiring… Read More »
What If My Employer Doesn’t Have Workers Compensation Insurance?
All employers (corporations, partnerships and LLCs, and sole proprietorships) in N.J. are required to have workers compensation insurance. This includes companies that aren’t based in N.J. but have employees working here. Companies must have either a workers compensation insurance policy from a New Jersey-authorized carrier, or self-insurance under the explicit approval of the Department of… Read More »
Workers Comp Claims Are Complex in New Jersey
Employees have the right to seek workers compensation benefits when they are injured on the job. In return for receiving these benefits, injured workers are not permitted to sue their employers. Obtaining benefits under the workers compensation program involves what can be a lengthy and complicated process. Papers must be filed in a timely fashion… Read More »
Can I File a Personal Injury Case for an On-the-job Injury?
The purpose of workers compensation is to ensure employees receive appropriate compensation for injuries sustained during the course of employment, regardless of fault. You may sustain injuries due to your own negligence. But even if your employer caused your injuries due to failing to correct an unsafe condition, workers compensation helps ensure you receive benefits,… Read More »
Why are So Many Legitimate, First-Time Workers Compensation Claims Denied?
Workers compensation is a no fault insurance program that provides benefits to workers who suffer job-related injuries or illnesses. Benefits include compensation for medical expenses, lost wages due to disabilities and permanent disability benefits. But when large payouts are at stake, insurance carriers or self-insured employers may try to reduce or deny the amount they… Read More »
What Happens if My NJ Employer Fails to Make Required Benefit Payments?
Under New Jersey law, employers must carry workers compensation insurance, either through an insurance carrier or a self-insurance plan. Although employers or their insurers can deny claims for very specific reasons, such as fraudulent activities by the claimant, the state takes employee complaints very seriously and offers a number of options to help ensure injured… Read More »
Has Workplace Safety Increased or Decreased in New Jersey in the Past Five Years?
When employers keep their workplaces safe, they can hold the line on workers compensation costs. More importantly, their most valuable resource — their employees — remain healthy and productive. The State of New Jersey Department of Labor and Workforce Development, which administers the New Jersey Workers Compensation Program, published statistics on workplace safety. The Accident… Read More »
How Much Can I Expect from Workers Comp Benefits?
When a worker is injured or becomes ill on the job in New Jersey, his or her employer pays for medical treatment as well as disability benefits. The New Jersey Department of Labor and Workforce Development provides a table that gives filers an idea of workers compensation benefit rates to expect. Qualifications and rates for… Read More »
I Was Injured On the Job. Can I Sue the Person or Company Responsible AND Get Workers Compensation?
When a worker is injured on the job or contracts a work-related illness, he or she may receive compensation through a program called workers compensation. Like many U.S. states, New Jersey requires employers to carry workers compensation liability insurance for its workers. Workers compensation benefits include the following: Lost wages on a temporary or permanent… Read More »
