Workers compensation and the benefits

by | Jul 30, 2015 | Attorney

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Employers are obliged to purchase workers compensation insurance which covers any injuries and illnesses suffered by his or her employees.

This program, often simply called ?workers comp? is mandated by the state, it consists of payments which are required by law to be made to any employee that suffered an injury, an illness or was disabled as a result of the work he or she does. The only workers that are not covered by workers comp are those people working for the Federal Government; they are covered under a different program. In the majority of cases the employee will be granted benefits regardless of who was at fault, the downside of this is that hiring workers compensation attorneys in Jersey City NJ and suing the employer in most cases not an option.

Workers comp insurance has been designed to provide protection for employees that are injured through their own or their employer?s carelessness. Although the injuries that are covered are extremely broad, there are limits. It is legal for states to impose drug tests and alcohol tests on an employee that was injured; if the results of the tests indicate that the injured individual was under the influence when the injury occurred then compensation can be denied. The same is true if an investigation should result in a claim by the employer that the injury was self-inflicted or where the law or a company policy was violated.

Monetary compensation from workers comp insurance is modest but the insurance does cover all medical care, retraining costs if necessary, compensation for permanent injury, survivor benefits as well as a replacement income. Wage replacement is normally two thirds of the workers current wage and there is a fixed amount that this benefit cannot exceed. Although two thirds may seem like a somewhat small amount it is not taxable.

It is important to remember if you want to hire workers compensation attorneys in Jersey City NJ and sue your employer for damages then you have to waive your rights to workers comp insurance. If you do sue and you are successful the court can award medical expenses, full lost wages, compensation for unusual pain and suffering as well as punitive damages.

Most job related accidents should be covered under workers compensation insurance however if you have suffered an injury and your employer disputes what you believe to be a valid claim for compensation then you are well advised to seek assistance from workers compensation attorneys in Jersey City NJ.

If you have been injured on the job and your claim for workers comp is denied or you wish to sue your employer for damages then you will need to hire workers compensation attorneys in Jersey City NJ to represent you. You are invited to contact the Law Offices of Bagolie Friedman.