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Workers’ Compensation

In the state of New Jersey, the Division of Workers’ Compensation administers the New Jersey Workers’ Compensation Act by:

  • ensuring that workers receive fair and timely workers’ compensation benefits for work-related injuries and illnesses from their employers and/or insurance carriers;
  • enforcing the law that requires employers to secure workers’ compensation insurance coverage from commercial insurance carriers or self-insurance programs;

  • providing certain benefit payments to injured workers who are totally and permanently disabled as a result of their last work-related injury or illness combined with the worker’s pre-existing disabilities. These benefits commence at the conclusion of the payment of benefits from the worker’s employer.”

New Jersey Workers’ Compensation Insurance

All New Jersey employers are required to have workers’ compensation insurance including:

  • Corporations: Corporations operating or conducting business in New Jersey are required to maintain workers’ compensation insurance or be approved for self-insurance. Even out of state corporations must maintain the requisite insurance if they have New Jersey employees or conduct business in the state.
  • Partnership/LLC: If one or more individuals, other than partners or members of the LLC, perform services in the state of New Jersey, the partnership or LLC must maintain workers’ compensation insurance or be approved for self-insurance.
  • Small Business: If a sole proprietorship has an individual other than the principal owner performing business in the state of New Jersey, it is necessary for the company to maintain workers’ compensation insurance or be approved for self-insurance.

In most cases, workers’ compensation is the only remedy available to an injured employee or the members of their family.  An experienced New Jersey workers’ comp lawyer can review your situation and determine what legal remedies are available.

Employment Related Illnesses and Injuries

A workers’ compensation policy provides coverage for the following as long as the injury or occupational illness occurred in the course of employment:

  • Injury caused by a sudden accident;
  • Injuries due to repeated physical activity during employment;
  • Illnesses due to exposure to chemicals and other harmful products;
  • Physical conditions and illnesses that are aggravated by workplace conditions.

Employees are protected by workers’ compensation as long as the injury or illness happened “in the course of employment.” N.J.S.A. 34:15-7 provides in part:

When employer and employee shall by agreement, either express or implied, as hereinafter provided, accept the provisions of this article, compensation for personal injuries to, or for the death of, such employee by accident arising out of and in the course of employment shall be made by the employer without regard to the negligence of the employer, according to the schedule contained in sections 34:15-12 and 34:15-13.”

The term “arising out of and in the course of employment” refers to the origin of the accident in connection with the employment.  Because the analysis is complex, involving a review of the risk that gave rise to the injury and whether or not the risk was contemplated as an incident of the employment, it is important to have a New Jersey workers’ comp lawyer review the specifics of your potential claim.

Contact a New Jersey Workers’ Compensation Lawyer

The legal team at Helmer, Conley & Kasselman, P.A. understands how stressful it is to be injured on the job or to sustain a life altering illness as a result of your employment.  Our team of lawyers is ready to file all of the appropriate claims on your behalf. Contact our office today.

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Helmer, Conley & Kasselman, P.A.

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