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Are All Work Injuries Covered By Workers Comp?

Are All Work Injuries Covered By Workers Comp?

So, you want to know if all work injuries are covered by workers comp. General speaking, yes. If you are injured at work, you are entitled to benefits under NJSA 34:15-1 et seq.

What’s Covered Under Workers Comp By NJSA 34:15-1?

Well, this law provides that workers compensation carriers are responsible for injuries. Injuries that are caused by either one of two things:

  1. Accidental injury while on the job, or
  2. Caused by occupational injuries

What Is An Accidental Work Injury?

What is an accidental work injury? Well, it is typically a one-time occurrence that directly results in an injury. For example, something such as a slip and fall or equipment malfunction would generally be considered accidental injuries.

What’s Considered To Be An Occupational Injury?

Occupational injuries are repetitive work or exposure claims which cause injury to an employee. Such injuries occur based upon the peculiar and characteristic nature of the employment. For example, nurses who may experience lower back injuries as the result of repeatedly transferring patients.

What Benefits Do Injured Workers Receive?

The benefits an injured worker is entitled to receive are as follows:

  • Medical treatment which is directed and controlled by the employer’s workers compensation carrier
  • Total temporary disability benefits which are paid at the rate of 70% of the injured worker’s average weekly wage
  • Permanency benefits in the event the injured worker has objective evidence of a disability. In these cases, it must be proven they have suffered a permanent functional loss. And, that it was as a result of their work accident.

Receiving Medical Benefits After A Work Injury

An injured employee is entitled to receive medical benefits from the workers compensation insurance company. However, the workers compensation carrier has the right to direct and control treatment.

Are All Work Injuries Covered By Workers Comp?

So, are all work injuries covered by workers comp? The answer is yes. An injury that arises out of and occurs in the course of a workers employment will be covered under the Workers Compensation Laws in the State of New Jersey.

Don’t Face Workers Comp Alone

In conclusion, if you suffer a work injury caused by an accident or repetitive work, we recommend that you contact one of our workers comp attorneys to explain further your statutory entitlements.

What About Fees?

The fee in workers compensation is contingent (we are only paid if we obtain a benefit for you) and limited by statute. In most cases, the employer’s workers compensation carrier is responsible for the majority of the fee.

Can I Be Denied?

Workers compensation carriers do have some limited defenses. So, this means that the defense can claim a condition is not compensable. A skilled attorney can counter such claims in order to make sure you get the benefits you deserve.

Will I Get The True Value Of My Claim?

Although all work injuries are covered by the Workers Compensation Act if they arise out of and in the course of employment, the employer generally will not voluntarily pay you the true value of your claim if you are not represented. It is our job to ensure you obtain the maximum benefit under the law.

Should I Contact An Attorney?

If you suffer an injury on the job, please contact us so that we may help you navigate through your claim.

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Joseph J. Hoffman, Jr.
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For more than 40 years, Mr. Hoffman has protected the interest of his clients through diligence and hard work on legal matters, both large and small. An honors graduate of Rutgers University Law School and a native of Gloucester County, Mr. Hoffman has won numerous accolades for excellence in the practice of law.

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Kenneth A. DiMuzio, Sr.
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An attorney with over 45 years of professional experience, Mr. DiMuzio concentrates his practice on personal injury and workers’ compensation matters. A graduate of Georgetown University Law School and a native of Gloucester County, Mr. DiMuzio has been honored time and again for his professionalism and ethics in the practice of law.

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Ernest L. Alvino, Jr.

Ernest L. Alvino, Jr. About Ernest L. Alvino, Jr. concentrates his practice in the area of workplace injuries; construction accidents; product injuries; trucking accidents; auto injuries; medical negligence and crime victim advocacy. Ernie is a lifelong Gloucester County resident, living in Mullica Hill with his wife and children. Ernie worked his way through school as…

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Anooshay Asim

About Anooshay Asim Ms. Anooshay Asim is a family law attorney with The Law Offices of Hoffman DiMuzio. Her practice is focused on divorce and child custody matters. Prior to joining Hoffman DiMuzio, Ms. Asim was an avid traveler and had even lived in numerous cities across the United States as well as internationally. Her…

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Jeremiah J. Atkins

Jeremiah J. Atkins About Mr. Atkins joined the firm of Hoffman DiMuzio in February 2010. Mr. Atkins’ practice covers a wide variety of employment-related matters before New Jersey State and Federal courts and administrative agencies, with a focus on discrimination, retaliation, sexual harassment, family leave and whistleblowing claims. Mr. Atkins also regularly represents the interests…

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