When To Get a Lawyer for a Work Injury

After suffering a workplace injury, your life is instantly turned upside down. On the one hand, your injuries make going to work difficult—or even impossible. And even if you can push aside the pain and head into work, it may not be a good idea because it could worsen your injuries. A workers’ compensation claim may be the answer.

If you have been injured in a workplace accident, it may be time to reach out to a New Jersey workers’ compensation lawyer. Below are a few tips that can help you determine when it is time to pick up the phone and schedule a free consultation with a New Jersey workers’ compensation attorney.

Repetitive Use Injuries

Not all work injuries are the same. If you were hurt while on the job, your claim is more likely to be approved. On the other hand, if you developed a repetitive use injury such as carpal tunnel syndrome, osteoarthritis, rotator cuff tendonitis, bursitis, or tennis elbow, you may have an uphill battle. That is not to say that these injuries are not covered under the workers’ compensation system – they are – however, employers and their insurance companies are much more likely to argue that your injuries were not work-related if your injury was not the result of a single, discrete incident.

Your Injuries Are Severe

Workers’ compensation claims involving severe injuries are even more complex, so it’s important to retain a workers’ comp lawyer to protect your rights. If your injuries are so serious that you face the possibility of permanent total disability (PTD) or otherwise may not be able to return to work in the future, a workers’ compensation lawyer can ensure the benefits you are entitled to are received in a timely fashion. For example, you will want to ensure that your benefit award is sufficient to not only cover all your future medical expenses, but also provide you with enough income-replacement benefits so that your quality of life does not decrease any further than it already has.

Someone Other Than Your Employer Was at Fault

If your workplace injuries were caused by another (third) party other than your employer while performing your job, you will want to speak with a lawyer to discuss the possibility of a third-party personal injury claim, in addition to your workers’ compensation claim. In workplace injury claims involving an employer’s negligence, a workers’ comp claim is your exclusive remedy against your employer, meaning you cannot file a personal injury claim against your employer. However, if a third party was responsible for your injuries, you can pursue a personal injury claim against that party. This is important because personal injury cases allow you to recover compensation for your non-economic damages, such as for any pain and suffering you experienced due to the accident.

You Fear Your Employer Will Blame You

In most cases, the fact that you contributed to your injuries will not prevent you from obtaining workers’ compensation benefits. Thus, in most cases – even if you were negligent – you do not need to worry about an employer blaming you for the accident. However, there are some exceptions, such as if you were under the influence of illegal drugs or alcohol at the time of the accident and that was the sole and proximate cause of the accident. This is why it is important to speak with an attorney who can help you understand this process.

Contact the New Jersey Workers’ Compensation Lawyers at the Todd J. Leonard Law Firm

If you were recently injured in a New Jersey workplace accident and are concerned about your employer or their insurance company denying your claim, reach out to the dedicated workers’ compensation lawyers at the Todd J. Leonard Law Firm. For more than 30 years, our dedicated team of attorneys has helped employees obtain the benefits they need and deserve after suffering serious injuries in a workplace accident. We can help you gather all the required documentation, prepare a claim, negotiate with the insurance company, and litigate the case in front of a judge, if necessary. We have a successful track record in workers’ compensation claims and look forward to seeing how we can help you with your case. To learn more and to schedule a free consultation with one of our experienced New Jersey workers’ compensation lawyers, give us a call at (973) 920-7900, or you can reach us through our online form.