PRACTICE AREAS - Worker's Compensation
Below is a Q&A document pertaining to worker's compensation. Click on it to download it.
Worker's Compensation
If you are injured or hurt in the course of your employment, the general rule is that you may not bring an action for negligence or otherwise sue your employer. You may, however, bring an action against a third party to recover for your injury or damage. Your case against your employer is limited by law to a claim for worker's compensation. That means that you may be compensated whether it is the fault of your employer or not. The employer has no defense and must pay pursuant to established guidelines. Compensation Judges are most fair and considerate of claimants. As part of your compensation award, it is usual and customary in most cases that your attorney's fees are also awarded so that these costs do not come from your award.
In New Jersey, an employee, or dependents, can receive workers compensation for an injury or death arising out of and in the course of employment. This also includes occupational disease, which develops over time due to either repetitive movement, as with carpel tunnel syndrome, or exposure to harmful conditions such as a workplace containing asbestos or a stressful environment leading to a heart attack or psychological illness. When an employee is injured, the employer must provide medical care and temporary wages must be paid during the period of rehabilitation. For many injuries, compensation for permanent injuries is awarded through the Compensation Court.
Though in principle, the law is straightforward, legal practice in the field of worker's compensation is quite arcane. The problems people encounter following an injury or occupational illness are far too numerous to address here. For most there are solutions available under the Worker's Compensation Laws. These laws assist you to maximize the benefits to which you are entitled under the Compensation Law.
The attorneys at Kearns & Duffy provide experience, knowledge and aggressive legal counsel in pursuit of a just and equitable award of compensation.
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