Over the past year, many New Jersey workers found themselves recovering from unexpected workplace injuries. With ongoing economic shifts and health concerns, it was easy to feel unsure of your rights and responsibilities during recovery. As attorneys who represent injured employees, we understand the stress of navigating benefits, modifications, and financial hardships alone. This blog post aims to give you a clear picture of what support your employer must legally provide if you suffer an injury through no fault of your own. Whether you strained your back lifting heavy boxes or slipped on ice in the parking lot, learning your post-accident protections can help you focus on healing—without added worries. By understanding the legislation developed to aid workers like you, we hope you feel empowered to properly care for your health and livelihood during what is likely a difficult time.
Provide Medical Treatment
Employers have a legal responsibility to ensure that their employees receive timely medical treatment for any injuries sustained while on the job. This includes paying for medical treatment, transportation to and from medical appointments, and any associated expenses. Employers must also make sure that employees receive appropriate treatment in a timely manner so that they can recover as quickly as possible.
When an injury occurs at the workplace, it is crucial to attend any medical appointments required. Following the treatment plan will guarantee proper treatment and also serve as documented evidence of the injury in case of a workers’ compensation or personal injury lawsuit.
Report the Injury
Under the law, you must report any workplace injury to your employer promptly. The report should include the date, time, location, and a description of how you were injured. This report is essential to keep both parties covered, and it serves as a part of your medical record. If you were not able to report the incident because of an emergency, report it when you return to work.
Employers are required to report any workplace injuries to the Occupational Health and Safety Administration (OSHA) within 21 days of the injury. This is true regardless of the severity of the injury. Failure to report an injury can result in substantial penalties, including fines or even criminal charges. Reporting the injury also helps protect the rights of the injured employee and ensures that they receive appropriate medical treatment and workers’ compensation benefits.
Maintain a Safe Work Environment
Employers have a responsibility to maintain a safe work environment for their employees. This includes providing adequate training, equipment, and protective gear to prevent accidents and injuries. Additionally, employers are required to comply with all OSHA regulations and take appropriate measures to correct any safety hazards in the workplace.
Provide Workers’ Compensation Benefits
In New Jersey, employers are required to carry workers’ compensation insurance to pay for medical expenses, lost wages, and other costs associated with a workplace injury. Employees who have been injured on the job are entitled to receive workers’ compensation benefits regardless of who was at fault for the accident. It is the responsibility of the employer to file a claim with the workers’ compensation insurance carrier on behalf of the injured employee.
In addition to workers’ compensation insurance, you may also be able to seek compensation through other sources, such as your personal health insurance, disability insurance, or the insurance policies of any other individuals or entities that may have been responsible for your injuries. In some cases, you may also be entitled to compensation for pain and suffering, lost wages, and other damages.
Provide Reasonable Accommodations
If an employee suffers a permanent or long-term injury that impacts their ability to perform their job duties, the employer has a legal responsibility to provide reasonable accommodations to help them continue working. This might include modified or adapted equipment, changes to the work environment, or job reassignment. Employers who fail to provide reasonable accommodations risk violating the Americans with Disabilities Act (ADA) and other anti-discrimination laws.
What Do You Do if Your Employer Won’t Take Responsibility for Your Workplace Injury
It can be stressful both mentally and financially for an employee who has already suffered from the injury to then be denied help from his/her employee. If your employer doesn’t take responsibility for your workplace injury, consult with an attorney and file a workers’ compensation claim. A knowledgeable attorney can guide you through the legal process and advise you on whether you can sue your employer for damages.
Filing a Workers’ Compensation Claim
If your employer doesn’t take responsibility for your injury, you should file a workers’ compensation claim. The claim outlines your injury and the treatment you’ve received so far. By filing a workers’ compensation claim, you can ask the court to order your employer to pay for your medical bills and lost wages due to the injury.
Engage a Workers Compensation Injury Attorney in New Jersey Today—You Have Rights
If your employer refuses to accept responsibility or cover your medical bills, you might consider a personal injury lawsuit. A personal injury lawyer may be able to determine if someone besides the employer is responsible for the injury. If the occupation is hazardous, there might be a third-party company responsible for the injury.
Remember, if you’ve been injured on the job, it’s important to know your rights and responsibilities. Employers have important responsibilities to ensure that you receive the medical treatment and workers’ compensation benefits you need to recover from your injury. At Gelman Gelman Wiskow & McCarthy, we’re dedicated to helping injured workers fight for their rights and hold their employers accountable. Contact us today at any of our five New Jersey locations to schedule a consultation and learn more about your legal options.
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