Essex County Workers' Compensation Lawyer
An injury sustained on the job can bring about a great deal of uncertainty. If you’re out of work, how will you make ends meet? How will you pay your medical bills? Fortunately, with the help of an experienced lawyer, you may receive the workers’ compensation benefits you need. At Rubenstein, Berliner & Shinrod, LLC, we represent injured workers throughout New Jersey. We have practiced personal injury and workers’ compensation law for decades, which we use to help our clients deal with negligent employers and their insurance carriers. Though we are aggressive in the legal arena, our first concern is your health. If need be, we can help you find the appropriate doctor to treat you and document your injuries thoroughly. Do not hesitate to reach out for help if you were hurt at work. To arrange a free consultation with an experienced Essex County workers’ compensation lawyer, please contact our firm today.
Handling A Variety Of Workplace Accident Claims
Our lawyers are ready to help those injured while performing a variety of jobs in our state. Some of the claims we handle involve:
- Construction site falls: Our construction workers are among the hardest-working members of society, and unfortunately, at times, their jobs are inherently dangerous. When construction workers are injured on the job from a serious fall off a ladder, scaffold, or otherwise, they very often pursue workers’ compensation claims. These claims can help cover the cost of their medical bills and more.
- Defective workplace equipment: Oftentimes, when people are injured in the workplace, it is because of defective workplace equipment. These injuries frequently occur due to negligent equipment designers or manufacturers, in which case our firm can file a product liability claim against them.
- OSHA violations: The Occupational Safety and Health Administration, also known as OSHA, sets out rules regarding workplace safety that all employers are required to follow. When they do not follow these rules, serious accidents can occur as a result, and if you are someone who was injured because your employer violated rules set out by OSHA, you most likely have a valid workers’ compensation claim.
- Falling debris: Accidents due to falling debris frequently occur on construction sites and in factories. These accidents can happen because of defective equipment, management or workers failing to follow OSHA standards, and more. Remember that workers’ compensation in New Jersey follows a no-fault system when it comes to workers’ compensation claims, so regardless of the cause of the debris falling, we can help you file your workers’ compensation claim.
- Police and corrections officer claims: Police and corrections officers put their lives on the line every single day. Unfortunately, many are injured on the job every single day. If this has happened to you, we can work to help you receive the workers’ compensation benefits you deserve.
- First responders’ claims: Police and firefighters are often the first on the scene to help out those in need. Thomas P. Canzanella 21st Century First Responders Protection Law is in place to protect those who spend their time protecting us.
- Repetitive stress injuries: When a job calls for heavy lifting or other strenuous work and employees are required to make these same stressful movements, day in and day out, they often endure what are known as repetitive stress injuries.
- Car accidents on the job: Many jobs require transportation on-site, and if you are injured in a car accident while on the job, there is a very good chance that you will be entitled to workers’ compensation.
- Spine injuries: When someone sustains injuries to their spinal cord, they very often experience intense pain, numbness, weakness, and, in the worst cases, paralysis. Our firm is here to help.
- Neck and back injuries: Neck and back injuries are among the most common types of workplace injuries, and if you are someone who is suffering from a neck or back injury, our Essex County workers’ compensation attorneys are ready to fight for your right for the compensation you need to heal.
- Joint injuries: Joint injuries, such as tendonitis, are not always easy to receive workers’ compensation for, as oftentimes, insurance companies will argue that you do not qualify for workers’ compensation because your joint injury is due to a preexisting condition. For this very reason, you need an experienced workers’ compensation lawyer who can gather and present all the evidence needed to prove that you qualify for workers’ compensation.
- Third-party claims and workers’ compensation: When someone is injured on the job and a third party is responsible, such as an equipment manufacturer, a contractor, or even a negligent property owner, they can file a personal injury claim against that third party. These claims provide you with additional compensation that you cannot receive from a standard workers’ compensation claim.
- COVID-19 Claims: While we are working through this pandemic, if you or a loved one have been exposed to COVID-19 at work, it may be a valid Workers’ Compensation.
Work injuries are often extremely serious. Our legal team has the resources and the skill needed to handle even the most traumatic injuries, such as brain injuries, paralysis, and workplace wrongful death.
Causes Of Faulty Construction Equipment Injuries
Construction work is dangerous enough, but the danger is increased exponentially when employers do not give their workers safe and adequate equipment to do their jobs. If you have been hurt on the job because of defective equipment, you need an experienced and focused legal team that is ready to fight for full compensation on your behalf. Most injured construction workers cannot afford to shoulder the burden of medical bills, lost wages, and pain and suffering on their own. The financial awards of a personal injury case are sometimes the only way for an injured worker to recover and provide for his or her family. When you cannot afford to miss a paycheck, contact our defective work equipment lawyers. As a legal matter, there are only three main causes of unsafe equipment injuries:
- Design defects: This is when an item was not designed in the safest possible way.
- Manufacturing defects: When equipment has a safe design but the manufacturer decides to cut corners or ignore the initially-safe blueprint, the manufacturer may be held liable for damages incurred due to its negligence.
- Failure to warn: There is a certain amount of danger inherent in most construction equipment, which is why adequate warnings must be attached to the item so that the user understands the dangers involved.
Do You Have A Third-Party Claim?
When an employee is injured due to the negligence of someone other than their employer or co-worker, they may file a third-party lawsuit in addition to a workers’ compensation claim. Third-party claims allow an injured person to obtain compensation for pain, suffering, and emotional distress, which are not payable through the workers’ compensation system. Some examples of third-party liability include a claim against the maker of a defective piece of equipment or against a mechanic who performed faulty maintenance on the vehicle you drive for work. Rubenstein, Berliner & Shinrod, LLC, will work aggressively and strategically to help you obtain maximum compensation for all your losses.
Examples Of Viable Third-Party Claims
No accident occurs in a vacuum. Other parties may have been negligent and contributed to your workplace injury. Some examples of common third-party claims alongside workers’ compensation claims include:
- Personal injury lawsuits aimed at the manufacturers of defective tools, machinery, or equipment
- Damages for injuries sustained in car crashes occurring as a part of your work tasks and involving drivers who are not co-workers or supervisors
- Premises liability claims against property owners for work-related accidents that happened on their property
Third-party claims provide you with additional compensation that is not offered through workers’ compensation. You may qualify for compensation for pain and suffering if your injury has caused ongoing pain, and you may request income-related damages that include lost vacation pay, commissions, or the cost of having to retrain for a new job. Workers’ compensation does not cover these claims.
Do I Qualify for Workers’ Compensation?
If you are looking to receive workers’ compensation benefits, you are most likely wondering if you technically qualify under the law. To qualify for workers’ compensation, you will have to be an employee, and your employer must carry workers’ compensation insurance. Additionally, to qualify, you must prove that you were injured on the job, or that you have sustained a work-related injury or illness. Finally, to receive workers’ compensation benefits, you will have to meet New Jersey’s deadlines for reporting your injury and filing your claim. In New Jersey, you must file your workers’ compensation claim within two years of the date of your injury, though you should understand that it is always best to file your claim sooner, rather than later. We are here to help you today.
How do I File a Workers’ Compensation Claim?
If you are injured on the job, the first thing you should do is notify your employer that you have been injured. From here, you should receive medical treatment. You can request this medical treatment from your employer. Your employer has the right to select the physician to treat your injuries. From here, your employer’s workers’ compensation insurance carrier will determine whether you are entitled to workers’ compensation benefits. If you are denied compensation, however, you can either file a Claim Petition or an Application for an Informal Hearing with the Division of Workers’ Compensation. An experienced workers’ compensation lawyer is here to help you through every step of the process ahead so we can help ensure that you receive the benefits you deserve and need to heal. All you have to do is give us a call.
How Can I Reopen My Workers’ Compensation Claim?
In New Jersey, reopening a case for workers’ compensation benefits involves specific rules. You must file what is known as an Application for Review and Modification within two years of the date you received your last benefit. For this application to be successful, you must show that your condition has worsened and you need additional medical care. An experienced workers’ compensation lawyer at our firm will take care to build a strong medical and legal claim to give you the best possible chance of a successful claim.
Contact Our Firm
If you suffered a work injury, we are ready to help you. To arrange your free initial consultation, please contact our law firm online. We take workers’ compensation cases on a contingency fee basis, so you will not have to pay us a dime unless we obtain a settlement or favorable verdict. Contact our office today to discuss your situation with an experienced Essex County workers’ compensation lawyer.