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New Jersey Workers' Compensation Law Blog

What happens if my workers’ comp claim gets denied?

No one plans to suffer an injury at work, but sometimes accidents happen. Thankfully, New Jersey law requires businesses to offer workers’ compensation insurance to help keep employees financially afloat while they recover.

But what happens if your workers’ comp claim gets denied? The appeals process for a denied claim can leave you frustrated and confused, but there’s still hope.

What are the benefits of hiring a workers’ comp attorney?

At first glance, the workers’ compensation process may seem pretty straightforward. As an employee, if you get injured while at work, you know you’re entitled to compensation for your medical bills and time off work. You file a claim, and the rest should be pretty automatic, right?

Unfortunately, getting the workers’ compensation you deserve isn’t always this simple. Hiring a workers’ compensation attorney to help with your case can be a valuable decision. Here are some key advantages an attorney can offer you:

Can I see my own doctor for workers’ compensation care?

If you work in a physically demanding industry, a workplace accident can leave you seriously injured. Your employer’s workers’ compensation benefits can cover the cost of medical care and lost wages. But do you have to use the doctor your employer requests?

Recovering from a severe injury can mean weeks or months of rest and physical therapy for you. You may want a familiar doctor to provide that medical care for you. But for your company to pay workers’ compensation benefits, New Jersey law limits your options for healthcare professionals.

Drug use most prevalent in the construction industry, study finds

Construction work is an inherently dangerous job. The work is physically demanding, and even under the best of circumstances, there is always a risk of an accident. But when mind-altering substances are involved, the danger on the worksite increases dramatically.

A recent study published in the Drug and Alcohol Dependence journal found that workers in the construction industry had the highest likelihood of abusing substances than workers in any other industry. Use of non-prescription opioids, cocaine and marijuana was especially common, according to the study.

Governor Murphy is cracking down on worker misclassification

Worker misclassification has been a growing problem in New Jersey in recent years – especially since the influx of gig economy jobs. More and more members of the workforce are labeled as contractors, even when such workers meet the legal definition of employees.

When an employer wrongly labels their workers as contractors, it saves the employer considerable costs. It also steals income and benefits from both workers and the state. Workers lose their employee entitlements, including:

How to tell whether your worker classification is wrong

Are you an employee or a contractor? In many workplaces, the distinction may not seem very obvious. You may do the same work as your colleague, yet your worker classification may be different.

It may seem insignificant that your employer calls you a contractor and your coworker an employee. However, it’s important to know that your worker classification is not a haphazard label your employer gets to assign. There are laws that define each worker category. Understanding the difference – and whether your employer has misclassified you – can make a huge difference in the benefits you can receive.

Does your construction work injury entitle you to compensation?

Construction work is no easy job. Workers sacrifice their time and risk their health to provide services. Becoming seriously hurt while on the job is a common issue for construction workers. Because of this, it is important for employees to know whether they are entitled to workers’ compensation.

Currently, there are high numbers of injuries and deaths at construction sites. In these cases, it is important to note what qualifies you for workers’ compensation and what does not.

Are you protected from a fatal fall at the construction site?

You work long, hard hours in a dangerous environment. You should be able to expect a level of safety on the job, but that isn’t always the case. While employers are on the hook for preventing falls, being an educated worker can help ensure you don’t pay the price for someone else’s negligence.

Falls have long been the number one cause of death in the construction industry. Negligence or reckless action like this could qualify you for a personal injury lawsuit.

Safety tips to prevent robot-related workplace accidents

The use of robots is becoming more and more common in many industries. While robots add ease and efficiency to many labor-intensive tasks, they also create additional safety hazards in the workplace.

Two robotic tools that have come under scrutiny recently are the laser-guided forklift and the demolition robot. There has been a growing incidence of worker crushing accidents involving these machines.

New efforts to help protect outdoor workers in extreme heat

It has been an intensely hot summer—with temperatures rising above 100 degrees in parts of the country. For workers whose job involves being outdoors, the heat is posing serious safety concerns. For some, this weather has even proved fatal.

So, what is being done to protect workers in such dangerous conditions, and what is an employer’s responsibility in this effort?

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