When
the Workers' Compensation Act was passed many years ago it was probably
the first true "no fault" law in this State. With some very
narrow exceptions, the question of negligence (fault) is not an issue
if a worker is hurt on the job. Whether or not the employer is at
fault has no impact on the worth of a case. In cases involving injuries
suffered in connection with employment, your lawyer will represent
you without payment in advance.
If a worker is injured on the job, the worker has three basic rights:
(1) the right to medical treatment;
(2) the right to receive payment (temporary disability) for lost
time; and
(3) the right to receive payment for any after-effects of the injury
if the after-effects are found to be permanent (partial permanent
disability).
If you are injured, you should immediately report the accident.
Make sure an accident report is filled out and write down the names
of all witnesses.
When a worker is injured on the job, the employer or the employer's
insurance company are obligated to furnish and pay for medical treatment.
However, in New Jersey, the employer has the right to select the
doctors who will provide that treatment, since it's the employer
or its insurance company who is responsible for payment of medical
expenses. It follows that if the worker does not go to the authorized
treating doctor, then the employer will generally not be responsible
for payment of the medical expenses. When an employee is hurt on
the job, the employee is entitled to receive temporary disability
benefits of 70% of wages up to an amount set by the State. For example,
the maximum amount for an injury in 1997 is $496 per week. These
benefits are payable on a retroactive basis if the employee is out
at least seven (7) days and the treating doctor certifies that the
employee cannot work.
In general, temporary disability benefits will continue to be paid
so long as the workers' treating doctor certifies that the employee
cannot work.
When medical treatment is completed and the employee is able to
return to work, there may be a basis for payment to the employee
of benefits for the after-effects of the injury. This is called
partial permanent disability and is based on a schedule which utilizes
a system of assigning value to each part of the body on a scale
of 1% to 100%.
Generally, the issue of partial permanent disability is resolved
by filing a claim in the Division of Workers' Compensation. A lawyer
who represents a claimant before the Division of Workers' Compensation
may not charge any fee in advance. An Administrative Law Judge who
hears the case will set the fee (never more than 20%) and if there
is no recovery, an attorney will not be allowed a fee.
Finally, disposition of a claim in the Division of Workers' Compensation
will not always operate to end a claim. There are rights and obligations
on the part of both the employer and the employee.
Since an employee is not obligated to pay a fee in a workers' compensation
case unless awarded by the Court, it would make sense for the employee
to immediately consult an attorney to protect his/her rights.
The employee should also be aware of the fact that there are time
limits regarding the reporting of accidents. The safest approach
is, of course, to report a work related accident immediately, even
if it seems relatively minor at the time. Failure to report an accident
can cause delays in receiving temporary disability and other benefits.
When you meet with a worker's compensation attorney, the following
information will be requested from you:
1. Name, address and telephone number.
2. Name, address and telephone number of employer.
3. Name, address and telephone number of any union the client is
a member of , along with full details of any union benefits that
may have been received or to which the client has a right. (There
may be a union benefit plan which provides the employee with payments
for drugs and medical bills in addition to workers' compensation
benefits.)
4. The job title the client held when injured, along with the client's
educational background and previous employment history.
5. The nature of the employer's business.
6. Your Social Security number.
7. Your sex, age, and marital status at the time of the accident.
8. The name of the employer's worker's compensation insurance carrier
or indication of whether the employer is self-insured.
9. The exact details of how you gave notice of the accident to
the employer or whether the facts and circumstances are such that
the employer must have had knowledge.
10. The exact place where the accident occurred and the date and
time of the occurrence.
11. A full description in your own handwriting of how the accident
occurred or to the exposures if an occupational disease case.
12. Your wages or earnings and whether on time or piece-work basis,
the rate per hour, or the weekly wage.
13. The date when you stopped work and the date of return to work.
14. A statement of past and present complaints, as well as a description
of all body parts affected by the accident. Explain any emotional
complaints since the accident to investigate the question of neuro-psychiatric
disability.
15. The compensation paid for temporary or permanent disability
must be ascertained.
16. Full details as to medical aid required and whether it was
requested from the employer. If the medical treatment was furnished
by the employer, all dates of treatment should be inventoried. If
the employer refused to furnish the treatment, indicate in detail
all requests made to the employer for treatment, as well as obtaining
the names and addresses of all doctors who furnished the treatment.
17. Be certain you have the names and addresses of all physicians
and hospitals who rendered medical treatment since the accident,
including but not limited to the injuries arising from the accident.
Attempt to obtain the amount of all physician's bills and prepare
a file for paid and unpaid bills.
If you are receiving medical treatment from a doctor of your choice
or if the employer has refused to render medical treatment, the
attorney must give written notification to the employer and its
insurance carrier of all the details concerning your injuries and
accident and the name and address of the doctor by whom he is being
treated or the name and address of the doctor who is going to be
treating him. The attorney must clearly indicate in the letter that
this is a formal request pursuant to Title 34 for the employer/respondent
to furnish medical treatment by the doctor chosen by the petitioner
or, alternatively, that the respondent should immediately provide
the name and address of a doctor that it wants to treat the petitioner.
In Worker's Compensation, the respondent controls the choice of
doctor.
18. Any Blue Cross, Blue Shield, or major medical plans which cover
you, as well as identification numbers, since it may be possible
to obtain payment for medical bills from these plans, if the employer/worker's
compensation refuses to make payment. See Workers' Compensation
(ICLE 1983).
If you are injured while working, we recommend you immediately
speak with an experienced attorney.
|
