Am I Eligible For Workers’ Compensation?

For those injured on the job, workers’ compensation is a form of insurance that may be used to cover expenses including medical bills, health insurance, and lost wages. As per New Jersey statutes, all employers in our state which are not under the umbrella of Federal programs, must either carry workers’ compensation coverage or be self-insured. This includes employers who operate in other states so long as the employee is contracted or performs his or her work in New Jersey. Today, our workers’ compensation lawyers will identify the eligibility requirements for injured workers and what complications may come into play.

If you have suffered a work related injury and believe you might be eligible for compensation via a workers’ compensation claim, call our office today for a free and consultation with a member of our experienced legal team.

Requirements for Successful Workers’ Compensation Claims in Mercer County, NJ

It is important to understand that unlike personal injury claims, workers’ compensation claims do not require that claimants prove fault or liability of another party for their injurious accident. This carries a tradeoff, as employees injured on the job have fewer requirements to be eligible for compensation, but also surrender their right to seek damages for pain and suffering, and so on. There are three basic requirements which must be met in order for an employee to file for workers’ compensation in New Jersey:

  1. You must be an employee of an individual, corporation, LLC, sole proprietorship, or company at the time of your injury
  2. Your injury must be the result of your work or work-related activities
  3. Your employer must be covered by workers’ compensation insurance or be legally obligated to carry worker’s compensation insurance

If all of the above applies, you are in good legal standing and are likely a candidate for financial compensation through a workers’ compensation claim.

Princeton Workers’ Comp Attorneys Fight Back Against Employers and Insurance Companies

While the requirements for filing a workers’ compensation claim may seem straightforward, our Princeton attorneys understand that employers and their insurance providers will often strive to fight back against legitimate claims in order to save themselves from costly payouts. Here are a few common tactics these organizations can use to deny your claim and how our legal team defends your legal rights.

Your employer was not required to carry workers’ compensation insurance. In New Jersey, the law is in the favor of the claimant as nearly all employers in the state are legally required to carry workers’ compensation coverage.

You were not an “employee”. Independent contractors are not considered “employees”. However, in order to save themselves from legal and financial obligations, it is common practice for employers to incorrectly consider actual employees to be independent contractors. Whether or not this is done intentionally, our attorneys will strive to show that you were in fact a legal employee at the time of your accident.

Your injury was not work-related. Employers and/or insurance companies may argue that your accident was the result of non-work related activities. For cases which do not involve straightforward duties in your line of work, this can become a legally complex issue. For example, company events, traveling for work, and even lunch breaks may all be covered by workers’ compensation depending on the circumstances.

Contact our Trenton Workers’ Compensation Attorneys Today

The workers’ compensation attorneys of Kamensky, Cohen & Riechelson have extensive experience assisting clients who have been injured on the job recover the full and fair compensation to which they are entitled. We take pride in serving clients from our local New Jersey communities, as we have done since 1972 in towns like Trenton, Princeton, Lawrence, Hamilton, New Brunswick, and the greater Mercer County region. Our firm works on a contingency basis, meaning we don’t make a dime until we successfully win money for your workers’ compensation claim.

Contact us online or through our Trenton offices by calling (609) 528-2596 today for a free and confidential consultation regarding your on the work accident, your injuries, and your potential for financial compensation through a workers’ compensation claim.