What Is Workers’ Compensation?
Workers’ compensation laws originated during the Industrial Revolution as a response to the high number of serious injuries among factory workers. Before workers’ compensation laws were introduced, employees who were injured on the job had to sue their employers for negligence to receive compensation for pain, suffering, medical expenses, and lost wages. The creation of workers’ compensation laws represented a “grand bargain” between labor and industry. Under this system, employees relinquished their right to sue for pain and suffering in exchange for faster access to medical care and lost wage benefits.
Each state has enacted its own version of this legislation, designed to compensate workers for work-related injuries while also preventing catastrophic injuries from bankrupting businesses. Employers are required to purchase workers’ compensation insurance to cover such claims.
New Jersey enacted its Workers’ Compensation Act, NJSA 34:15-1 et seq. in 1911. The statute has been amended many times since it was first enacted, although the basic structure of the law remains the same. It is a “no fault” system, in which workers’ are provided benefits regardless of whether the employer’s actions or inactions caused the injuries.
Does Your Job Make You Sick?
While it’s true that many of us are tired of working for a living, this is a different issue than being “sick from work.” The daily grind can be rewarding, monotonous, or somewhere in between. Most of us take pride in our jobs, and all we ask for is fair wage for a fair day of work. When we report to our jobsite, we deserve a safe environment, clear procedures, and the ability to work without the threat of injury or illness. However, even the most diligent companies or employees can experience moments of oversight, and it only take one small mistake to cause a life-changing injury.
Work-Related Injuries
The possibilities of work-related accidents are as varied as the jobs themselves. Americans work in millions of roles across countless fields and industries. Injuries can happen even after a full night’s sleep and when we’re fully focused. Machinery can malfunction, or coworkers can make mistakes—the scenarios are endless. When we are injured on the job or develop a work-related illness, we are entitled to collect medical, temporary, and sometimes, permanent disability benefits.
Tracking work-related injuries can be complex, but the U.S. Department of Labor’s Bureau of Labor Statistics regularly compiles and updates this crucial data. According to their records, 5,283 fatal work injuries were reported in the U.S. in 2023. Non-fatal injuries also have significant long-term impacts on employees and their families.
Even in cases in which the worker recovers enough to return to the same job, the road to healing can be long and difficult. For those who don’t recover, the consequences can be devastating. Regardless of the severity of the injury, it’s always a good idea to consult a skilled workers’ compensation attorney. You may only get one chance to seek adequate compensation for your injuries, so it is critical to retain a competent attorney from the beginning of the claims process, to protect your rights, health, family, and finances.
Does Workers’ Compensation Cover Only Sudden Accidents, Or Long-Term Problems And Illnesses?
In New Jersey, work-related medical conditions that develop over time are known as “occupational exposure” claims. Examples include repetitive stress injuries like carpal tunnel syndrome from excessive typing, respiratory issues from prolonged exposure to smoke or fumes, cancer from exposure to dangerous chemicals, hearing loss from long-term exposure to loud noises, neck or back injuries from years of heavy lifting, or shoulder impingement due to the repetitive use of tools. Any activity involving repeated use of certain muscles or systems can lead to these types of injuries.
Occupational exposure claims are more difficult to litigate than those related to specific accidents, as it is challenging to pinpoint when a degenerative injury first developed. To prove an occupational claim, the injured employee must prove that his work efforts are far greater than his everyday activities outside of the workplace.
Who Is Liable For The Payment Of A Workers’ Compensation Claim?
If an employer secured a workers’ compensation insurance policy, the insurance carrier is responsible for paying all benefits owed to the injured worker. The employer does not pay the benefits directly if a valid workers’ compensation policy is in place. The insurance carrier is supposed to cover medical bills, temporary disability benefits, and permanent disability benefits. When carriers fail to do so, as they often do, a skilled workers’ compensation attorney can compel the carrier to pay the claim.
However, if the employer is uninsured, they must pay the benefits directly to the injured worker. If the uninsured employer is a corporation or entity does not have sufficient funds to cover the claim, the owner may be personally liable. Additionally, New Jersey imposes criminal penalties on employers who fail to secure workers’ compensation insurance. For this reason, it’s crucial for employers to maintain workers’ compensation coverage. Business owners may also purchase a rider to cover themselves as “employees” in case they are injured while working in their own business.
For more detailed information on benefits under the New Jersey Workers’ Compensation Act, please see our additional articles on a range of topics relevant to injured workers.
For further information regarding the benefits available under the New Jersey Workers’ Compensation Act, please see our articles on a wide range of topics facing injured workers: Workers’ Compensation Articles
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