Workers' compensation is one of the most talked about subjects in industrial and commercial America. By law, every employee is protected and is eligib...
Workers' compensation is one of the most talked about subjects in industrial and commercial America. By law,
every employee is protected and is eligible to claim coverage for damages if he is injured because of work or on work premises. However, there are a lot of myths that exist and these myths keep eligible workers away from their rightful compensation. Here are some such myths and corresponding facts.
1. If I file a claim, I will lose my job
No, you won’t. This myth is probably so popular because of the underlying insecurity of unemployment and long term financial troubles which one might have to face if he decides to go after temporary benefits. You don’t have to be insecure about your job. Your employer cannot fire even if you file a lawsuit against him.
2. If injury is caused due to my fault, I am not eligible for compensation
Of course you are. Workers compensation in New Jersey is granted when a worker is injured – period. The cause of injury is not the prime concern here, although if you can zero in on the cause, another avenue of compensation might open up and you might be able to get benefits from more than one source.
3. Injuries that occur during break hours such as lunch time are not eligible for compensation
Injured employees are eligible for compensation as long as they are on the business premises, irrespective of whether they are working, having lunch or taking a coffee break. In fact, if you are injured while on duty in other business premises, you are still eligible for compensation.
4. My employer is careless about working conditions. I can sue him
5. No, you cannot sue your employer for callousness or for not creating a positive working place for you to work. As long as safety precautions are in place according to federal and state regulations, a lawsuit is out of the question. There might be some exceptions, especially if bad working conditions lead to mental trauma which in turn leads to metal illnesses and loss of income. You must contact a lawyer to clarify this aspect.
6. My employer does not have a workers' insurance policy. This means that I cannot get compensation in case I am injured
In New Jersey, it is mandatory for all employers who are not covered under Federal programs to have workers compensation insurance. So, by not having one, your employer is already in trouble. Secondly, it is not your fault that your employer does not have insurance. You can claim compensation and the employer will have to pay out of his own pocket.
There are a lot of other myths associated with these laws. So, if you are injured during work, your first course of action should be to visit a lawyer and obtain a clear picture of your standing.
