Workers’ compensation law firm in Southern New Jersey
Workers’ compensation functions to help an employee get the help they need directly after a workplace accident. Workers’ compensation was a response to years of injustice and almost impossible conditions for employees. Before workers’ compensation, if an employee was injured, they would have to take legal action, suing their employer for compensation. For many, this was not possible. They were often overwhelmed by the legal resources of their employer while being replaced, leaving families reeling with the physical and financial burden of a workplace injury. These conditions led to a climate of intimidation met with terrible working conditions. Fortunately, things have changed and workers’ compensation laws protect the rights of employees. If you have been injured at work, get the help you need and contact Underwood & Micklin for the experience you need when it matters most.
What is workers’ compensation?
If you are injured at work, it is important to know you have rights and they are protected under workers’ compensation laws. Your employer pays into an insurance policy that provides help to injured workers with no contribution from the employees. The goal of workers’ compensation is to help the worker on their road to recovery. When an accident occurs, your medical bills and a percentage of your wage will be provided so that you can get the help you need. While the law is on your side, protecting your position while you recover, it is important to note that you cannot sue your employer if you get benefits through workers’ compensation. In workers’ compensation cases, no one is at fault. Negligence of the employer will not increase benefits. The carelessness of the worker does not diminish benefits.
Workers’ compensation benefits
The goal of workers’ compensation is to provide assistance while the worker recovers, helping him or her get back to work as soon as possible. Workers’ compensation benefits can include:
- Cash benefits
- Medical care
- Supplemental benefits
- Social security benefits
- Death benefits
If an employee is not able to work, he or she may be entitled to long-term benefits. If possible, the worker may be able to return to work at a limited capacity, providing them 2/3 of the difference between the pay of the old position and the new one. They may return to work in a different position until they are healed as well.
Third party lawsuits
In some cases, a worker may need to take legal action against a third party. In many cases, a worker will file for workers’ compensation without regard for the fact that the injuries were caused by the negligence of a third party, including the landowner, supplier of equipment, or others. When taking legal action against a third party, it is important to note that if you are awarded damages, the insurance company may assert a lien to reimburse them for the benefits after the accident.
Contact our South Jersey workers’ compensation attorneys
Workers’ compensation is in place to support you when you are injured at work. When issues arise, it is important to have an effective legal team ready to step in and protect your rights. Underwood & Micklin has over 20 years of experience helping clients when workers’ compensation claims face legal problems. For a consultation contact our firm to discuss your legal matter.