New York & New Jersey Workers' Compensation Attorneys
Workers in New York and New Jersey are insured against injury and death by state programs known as workers’ compensation. Workers’ compensation is a “no fault” insurance system that provides medical benefits to injured workers, makes up for some of their lost wages due to a workplace injury and compensates them for their injury. “Workers’ comp,” as it is sometimes called, also provides death benefits to dependents of workers who have died as a result of their employment.
Like many government programs, workers’ compensation does not always serve the people it insures as well as intended. Injured workers who are initially turned down for benefits or who do not receive benefits in the amount they think they deserve, may find the appeals process to be confusing and burdensome. Our New York and New Jersey workers’ compensation attorneys can help you get the benefits you deserve.
If you have suffered a workplace injury and are having difficulty obtaining the workers’ compensation benefits you need for your recovery, contact a workers’ compensation lawyer with Ginarte O’Dwyer Gonzalez Gallardo & Winograd, LLP. Contact us today using our online form or call 1-888-GINARTE (1-888-446-2783) for a free, no-obligation consultation and an explanation of your legal options.
NY & NJ Workplace Injuries and Workers’ Compensation
Workers’ compensation is an insurance system for employees who are injured while doing their job. The program pays benefits to assist injured workers with medical expenses and lost wages resulting from their injuries. The law requires employers to maintain workers’ compensation insurance.
Every state has its own version of this program. New Jersey established the nation’s first workers’ compensation system in 1911. Today, workers in every state, including New York and New Jersey, can expect to receive medical treatment, wage replacement and permanent disability compensation if they suffer job-related injuries or illnesses, and death benefits to their dependents if they die as a result of their employment.
Workers’ compensation covers injuries that arise out of and in the scope and course of employment. This includes injuries caused by accidents on the job, and constant or repetitive work stresses, also known as repetitive trauma injuries. Occupational diseases may also be covered.
Benefits may not be available for workers who suffer self-inflicted injuries, are injured because they were under the influence of alcohol or drugs or who are injured while traveling to or from their job. There are a few other narrow exceptions as well.he most common on-the-job injuries for which workers’ compensation benefits are typically paid are:
- Overexertion (excessive lifting, pulling, pushing, holding, carrying or throwing)
- Falls (to same level or a lower level)
- Being struck by an object (such as construction material falling from above)
- Bodily reactions (injury caused by bending, climbing, reaching, sitting, slipping, standing or tripping without falling)
- Being struck against object (such as pushed into a door or wall)
- Motor vehicle accidents
- Being caught in, under or between equipment or objects
- Assault by another person
- Contact with extreme temperatures (i.e., burns or deep freezes)
When a worker is injured, he or she is required to inform the employer about the accident, and when and where it happened. The worker should also state that the injury occurred while they were working. It is then up to the employer to notify its workers’ compensation insurer and arrange medical assistance for the injured worker. Medical and disability benefits are paid in amounts according to a state-approved formula.
The workers’ compensation attorneys at the Ginarte law firm can help alleviate the burden of workers’ compensation questions and forms while you concentrate on your recovery. The Ginarte law firm provides professional, experienced representation to clients in all kinds of workers’ compensation cases, including cases arising from on-the-job accidents, industrial injuries, occupational diseases, death claims for dependents and other related claims. We can assist you with initial claims and appeals, and guide you through the complicated rules of the workers’ compensation courts, disability claims and even third-party claims.
Contact Our NY & NJ Workers’ Compensation Attorneys Today
If you or a family member have suffered a workplace injury and are having difficulty obtaining the workers’ compensation benefits you need for your recovery, talk to a New York or Jersey workers’ compensation attorney with the Ginarte law firm. We have more than 150 years of combined experience with claims arising from workplace injuries.
Contact our workers’ compensation attorneys today using our online form or by calling 1-888-GINARTE (1-888-446-2783) for a free, no-obligation consultation and an explanation of your legal options. We collect fees only after you win your case. You can also visit one of our offices in the NY / NJ metro area: Newark, New York City, Union City, Elizabeth, Clifton and Perth Amboy.