Frequently Asked Workers’ Compensation Questions
Bernard Kaplan founded the Law Offices of Kaplan & Kaplan, P.C. more than 50 years ago. Today, his son, Kenneth Kaplan carries on the tradition of providing skilled legal representation to people who have been hurt at work. With locations in North Haledon and Hackensack, we serve injured people across New Jersey.
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Here are some common questions and answers regarding New Jersey workers’ compensation that our lawyers have heard over the years.
Q: What do I do after I have been injured at work?
A: Report the injury to your employer as soon as possible. This is a critical step in the process. The sooner you report your injury, the sooner you can begin receiving appropriate medical treatment. Further, if you report your injury in a timely fashion, your employer will be less likely to claim that it was caused outside of the workplace.
Q: What do I do if my employer does not report my injury to the workers’ compensation insurance company?
A: Your employer is required by law to report your injury to its workers’ compensation insurance carrier. If your employer refuses to do so, you have two options: You can contact the insurance carrier directly or hire an attorney to file a claim with the New Jersey Department of Labor and Workforce Development.
Q: According to my doctor, I am able to perform light duty. Unfortunately, my employer does not offer light duty. What can I do?
A: If your employer does not offer light duty, you are entitled to receive temporary disability benefits. Unfortunately, some employers will ask employees who have been placed on light duty to work in a full-duty capacity. This can interfere with your recovery. If your employer has asked you to work in full-duty capacity before you have been cleared by your doctor, contact our law firm.
Q: Can my employer terminate me as a result of a work-related injury?
A: The law prohibits terminating an employee in retaliation for filing a workers’ compensation claim. In fact, it is a third-degree criminal offense for them to do so. If necessary, our Paterson workers’ compensation lawyers will send a certified letter to your employer notifying them of this law.
Q: What if I recover money from a third party as a result of my injuries?
A: If your injuries were caused in part by someone other than your employer, you may be able to recover additional benefits such as full wage replacement and payment for pain and suffering. Your employer or its workers’ compensation insurance carrier, however, will have a lien on a certain portion of the amount recovered from the third party. Our lawyers can help you bring a third-party claim if you are eligible.
Do You Have Other Questions? Contact Us Today.
Our law firm provides comprehensive representation for all workers’ compensation claims in New Jersey. You can schedule your free initial consultation by calling at 973-988-1101 or by completing our contact form. We take all workers’ comp claims on a no-recovery, no-fee basis.
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