Can I file a personal injury claim against my employer if they are not following their workers’ compensation obligations?

The New Jersey Workers’ Compensation Act typically makes filing a workers’ comp claim an injured worker’s sole legal recourse against their employer to obtain compensation for medical expenses and lost income. Injured workers normally may not file personal injury claims against their employers except in very limited circumstances, such as instances where an employer intentionally causes a worker’s injury. Instead, if an employer fails to fulfill their obligations under the workers’ compensation law (such as by having workers’ compensation insurance), an employee may have other alternatives under New Jersey law.

What options do I have if my employer doesn’t have workers’ compensation insurance?

If you discover that your employer does not carry workers’ compensation insurance despite being required to do so under the New Jersey Workers’ Compensation Act, you may have the option of filing a claim for benefits with the state’s Uninsured Employer’s Fund. You can obtain benefits from the UEF by filing a formal claim petition with the state within two years of the date of your workplace injury. If your injury is found compensable, a workers’ compensation judge will order your employer to pay benefits. If the employer fails to pay the ordered benefits, the order may be docketed in the trial court and you can file an application with the UEF for payment of the benefits designated in the judge’s order.

Employer Obligations Under NJ Workers’ Compensation | Workers Comp Attorney Passaic County

Employer Obligations Under NJ Workers’ Compensation

NJ Workers’ Compensation Attorney Guides Injured Clients Through The Process Of Holding Employers Accountable For Their Obligations

If you have been injured on the job or have been diagnosed with an occupational illness, you may know that you need to report your injury or medical condition to your employer to get workers’ compensation benefits. But you may be less familiar with what duties your employer has under the state’s workers’ comp law. If you were involved in a workplace accident or incident that has left you with injuries or an illness, you need to familiarize yourself with employer obligations under NJ workers’ compensation. Let an attorney from Camili & Capo, PA guide you through the workers’ compensation claims process.

For years, our firm has been trusted by injured workers in Passaic County and throughout New Jersey to help them secure the maximum financial benefits they are entitled to under state law. We have the experience, skill, and tenacity necessary to fight for your interests, including taking your case to a formal hearing or court if necessary. If you believe that your employer is not fulfilling their legal obligations to you under the NJ workers’ compensation system after you have suffered a work injury or occupational illness, Camili & Capo, PA can help. Reach out to us for a free initial claim evaluation to discuss your legal rights and options with a NJ workers’ compensation attorney from our firm.

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What Responsibilities Do Employers Have To Injured Workers?

You may not realize the extent of the obligations and responsibilities that employers have to their workers when they are injured or develop an illness or medical condition on the job. These duties and responsibilities include:

Participating in the state workers’ compensation system, which usually involves purchasing workers’ compensation insurance coverage, although some employers may apply to the state to self-insure for workers’ compensation. Employers who fail to have workers’ compensation coverage may be subject to fines as well as other civil and criminal penalties.
Informing employees of their rights under the workers’ comp system. This can include posting informational signs in conspicuous places throughout the workplace that provide an explanation of worker rights, as well as providing employees with workers’ compensation claim forms when the employee reports suffering a work injury or occupational disease.
Submitting workers’ compensation reports and claims to their insurer or claims processor, in addition to keeping records about workplace accidents, worker injuries and illnesses, and total days missed from work by employees.
Providing emergency medical care to workers who are injured in the workplace, including having appropriate first aid equipment and supplies on hand or transporting workers to the nearest healthcare facility in the event of an emergency.
Refraining from taking retaliatory action against workers who are injured or become ill on the job or who file workers’ compensation claims. This includes not terminating an employee because they filed a workers’ comp claim, as well as not withholding raises, bonuses, or promotions, or not demoting or transferring the worker to a less-desirable position in retaliation for the filing of a claim.

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Steps To Take To Enforce Employer Obligations Under NJ Workers’ Compensation Law

If your employer is not complying with its obligations under workers’ compensation laws, you can act to demand respect for your rights by:

Gathering evidence from the workplace accident when needed to bolster your claim to workers’ comp benefits
Documenting your injuries and losses, including any medical expenses and lost wages you incur
Filing claim paperwork with your employer or its workers’ compensation insurer
Taking your claim to the state by filing a formal claim petition with the New Jersey Division of Workers’ Compensation to demand a hearing and to seek an order compelling your employer or its insurer to comply with their obligations under the Workers’ Compensation Act

You do not need to fight for your rights and benefits on your own. A workers’ compensation attorney at Camili & Capo, PA can help you better understand employer obligations under NJ workers’ compensation law and discuss with you your legal options for demanding accountability.

Facing A Legal Matter In New Jersey And Have Questions? We Can Help. Just Tell Us What Happened. Call (973) 834-8457 Or Fill Out Our Convenient Free Case Evaluation Form.

Contact Our Firm For A Free Consultation To Learn More About The Workers’ Comp Claim Process

Do not pass up important rights and benefits that you may be entitled to from your employer after you have suffered a work-related injury or illness. Contact Camili & Capo, PA today for a free, no-obligation case review to learn more about what a NJ workers’ compensation lawyer from our firm can do to demand accountability from your employer and ensure they fulfill their obligations under New Jersey workers’ compensation law.

Frequently Asked Questions About Employer Obligations Under NJ Workers’ Compensation

The New Jersey Workers’ Compensation Act typically makes filing a workers’ comp claim an injured worker’s sole legal recourse against their employer to obtain compensation for medical expenses and lost income. Injured workers normally may not file personal injury claims against their employers except in very limited circumstances, such as instances where an employer intentionally causes a worker’s injury. Instead, if an employer fails to fulfill their obligations under the workers’ compensation law (such as by having workers’ compensation insurance), an employee may have other alternatives under New Jersey law.
If you discover that your employer does not carry workers’ compensation insurance despite being required to do so under the New Jersey Workers’ Compensation Act, you may have the option of filing a claim for benefits with the state’s Uninsured Employer’s Fund. You can obtain benefits from the UEF by filing a formal claim petition with the state within two years of the date of your workplace injury. If your injury is found compensable, a workers’ compensation judge will order your employer to pay benefits. If the employer fails to pay the ordered benefits, the order may be docketed in the trial court and you can file an application with the UEF for payment of the benefits designated in the judge’s order.