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Workers' Compensation

What do I do if I've been injured on the job?

How much will I get?

Will I lose my job?

How long will it take?

Can I sue my employer?

Do I have to be a citizen?

What if I work for a government employer?

My injury was caused by someone with no connection to my employer. What are my rights?





Q: What do I do if I've been injured on the job?

Report it as soon as possible. If your employer has a “Human Resources” or “Personnel” department, make your report there. Write down the date, time and the name of the person you made the report to. Tell your employer that you need to see a doctor. If you go to your own personal doctor, there may be problems getting that doctor paid. Contact us for further guidance.


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Q: How much will I get?

This is the first question some clients ask us. But every person and every case is different. Without seeing medical records and expert reports, any answer to this question would be a guess.


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Q: Will I lose my job?

Any kind of retaliation for a work comp claim is illegal and very rare. Most employers understand that employees need compensation, and they have an insurance company that handles work comp claims.


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Q: How long will it take?

It depends on how long it takes your injuries to heal, and whether or not we need a trial. If we can negotiate a settlement, no trial is needed. In that case, everything should be resolved about 10 months after your discharge from medical treatment. If we need a trial, it can take many months longer.


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Q: Can I sue my employer?

A workers' compensation claim isn't quite the same as "suing." You can't generally sue for a work injury unless your employer committed "outrageous conduct." But that only happens rarely.


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Q: Do I have to be a citizen?

No! Any worker can make a claim, citizen or not. Injured workers who have no Social Security numbers can get a temporary number that lets them make a claim.


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Q: What if I work for a government employer?

Benefits are usually the same as for employees of private employers. There are occasional differences, particularly concerning Temporary Disability benefits. The main downside for government employees is that it's often harder and takes longer to get the correct treatment and benefits. We can help with that.


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Q: My injury was caused by someone with no connection to my employer. What are my rights?

You still have the right to receive all available workers' compensation benefits. You may also be able to make a "third-party claim" against the person or company that caused your injuries.


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The Law Office of David A. Bolson is located in South Orange, NJ and serves clients throughout North Jersey in all of Essex County, Union County and Hudson County and communities such as East Orange, West Orange, South Orange, Newark, Irvington, Springfield, Union, Elizabeth, Maplewood, Bloomfield, Roselle and Roselle Park. ¡Hablamos Español!

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