New Jersey Occupational Injury Lawyers Hold Employers Accountable For On-The-Job Injuries
Federal, State And Local Employees Are Eligible For Workers’ Compensation And Perhaps Other Sources Of Compensation
Public employees perform some of the most dangerous jobs. Firefighters, police officers and prison guards, for example, face a much higher risk of injury than the average employee does. In New Jersey, as well as in other states, local governments are subdivisions of the state government, while federal employees work for an entirely different system altogether. The New Jersey accident attorneys at Lomurro Law are accustomed to representing both state and local public employees in occupational injury claims.
State And Local Employers Are Mostly Self-Insured
In New Jersey, state and local employees are eligible for workers’ compensation benefits, just as most employees of private companies are. State and local employers are faced with a choice – obtain workers’ compensation insurance or self-insure. Most choose to self-ensure because, due to the New Jersey tax base, they have the financial means of doing so. All New Jersey state and local employers offer workers’ compensation benefits to their employees.
How The Federal System Works
Federal employees are guaranteed workers’ compensation benefits for occupational injuries under the Federal Employees’ Compensation Act (FECA). In addition to ordinary workers’ compensation benefits, federal employees enjoy the right to retain certain benefits accumulated through seniority, even if they have been out of work for an extended period.
Workers’ Compensation Benefits Are Limited, But Easier To Obtain, Than Other Forms Of Personal Injury Compensation
You do not have to prove anyone was at fault for the accident to become eligible for workers’ compensation benefits. Depending on the circumstances, you may be eligible for either temporary or permanent disability benefits. The disability may be classified as partial or total, with a corresponding differentiation of the amount of compensation you receive.
Temporary disability benefits, for example, amount to 70% of your gross weekly wages, up to a maximum of $903 (for 2018). Benefits continue until one of the following conditions has been satisfied:
- You return to work and start receiving 100% of your wages.
- You reach “maximum medical improvement” (as determined by a doctor).
- 400 weeks of benefits have been paid.
If your disability continues, you might receive extended benefits after medical authorization.
Claiming Against A Third Party To Evade Workers’ Compensation Benefit Restrictions
Perhaps the main disadvantage of the workers’ compensation system is the fact that you are not eligible to receive compensation for “pain and suffering,” which is often the largest component of a personal injury award. Even if you are injured on the job, however, you can still seek pain and suffering damages if you can identify a third party who might have been at fault – the manufacturer of defective equipment that injured you, for example, or a private subcontractor who injured you through negligence.
Our Skilled New Jersey Accident Lawyers Are Dedicated To Protecting Public Workers
Suffering an occupational injury as a public employee puts you in a bit of a unique position from a legal standpoint, because occupational injuries are treated differently from other injuries in terms of compensation. Don’t let that confuse you, and don’t let yourself be intimidated into settling for a penny less than the full value of your claim. You can expect resistance from the opposing party – and you can expect us to push right back if you select us to represent you. At Lomurro Law, our New Jersey accident attorneys make the claim resolution process as stress-free as possible so you can concentrate on regaining your health. Call us today at 732-482-9285, or simply fill out our online contact form for a free, confidential case consultation. Our main office is in Freehold, and we can meet you in person or by videoconference.