New Jersey Workers Compensation Lawyers Help You Understand Your Rights as an Employee
We protect the best interests of injured workers in Ocean County
At Berry, Sahradnik, Kotzas & Benson in Toms River, New Jersey, our attorneys and staff are committed to helping you in every way we can. Below is general information on New Jersey workers compensation law. If you would like additional information on how the law applies to your situation, our Ocean County workers compensation attorneys can help. We understand how stressful and intimidating legal procedures can be. We go above and beyond to help you understand these procedures as well as the laws that govern them.
An overview of workers compensation
US employers and their employees rely on our dependable workers compensation system to resolve disputes about vocational injuries and disease and to provide for related worker needs. Workers compensation benefits are commonly awarded for work-related injury, illness and death, helping to meet the needs of injured workers and their families even when faced with overwhelming situations. If you or your family member is injured or becomes sick in the course of employment, an experienced and skilled New Jersey workers compensation lawyer from our firm can assess your potential workers compensation claim.
The history and origin of workers compensation
Prior to the establishment of workers compensation, the law was inadequate to protect employees from hazardous industrial jobs. It was expensive to bring negligence lawsuits against an employer as well as difficult. Employers typically defended such suits by asserting that another employee was responsible, that the injured worker was himself responsible, or that the employee had assumed the risk of injury by accepting the job. The idea of workers compensation has its origins in Germany in the early 1800s, with the Industrial Revolution creating dangerous new workplaces such as railroads, factories and mines. Due to the accompanying increase in injuries, social and political sympathy for the common worker grew and led to the enactment of early workers compensation legislation.
The benefits of workers compensation to employers and employees
When harm arises out of and in the course of employment, workers compensation provides an exclusive remedy to employees without regard to fault. By giving up the right to sue your employer for the injuries you sustained, you are awarded the right to automatic monetary recovery. This financial compensation typically covers lost wages and medical expenses but may include other benefits depending on the type and severity of the injury.
Workers compensation is a mutually beneficial solution, as the employer no longer has to worry about defending lawsuits or paying disproportionate settlements. States require that employers carry workers compensation insurance, set aside sufficient resources to cover claims (self-insure), or contribute to state-run workers compensation award funds. The allowable methods for employer payment vary by state.
Exceptions to workers compensation benefits
Most states have developed exceptions to the exclusiveness of the workers compensation remedy in extreme situations. When employers act in bad faith or intentionally or criminally harm employees, many states allow workers to bring lawsuits against their employers outside the workers compensation system. A lawsuit against a third party may also be possible, such as against a manufacturer of faulty equipment that causes an injury. In such circumstances, the employer may be able to get reimbursement for workers compensation benefits already paid.
Further information on workers compensation
- What to Do After an Injury
- Returning to Work
- Who Pays for Workers Compensation Benefits?
- What Small Business Owners and Employees Need to Know About Workers’ Compensation Before an Injury
Let our New Jersey workers compensation attorneys get you the financial support you need
If you have been injured at work, call Berry, Sahradnik, Kotzas & Benson at 800-991-9279 or contact us online to schedule an appointment. Our attorneys will listen to your concerns and help you determine the best course of action. Located in Toms River, New Jersey, we represent clients throughout the Monmouth-Ocean metro region.