Injured on the Job: Protecting the Rights of Warehouse and Factory Workers in New Jersey

All Practice Areas

Workplace injuries are a common concern for employees in New Jersey, with thousands of cases reported each year. Whether you work in a warehouse, factory, construction site, or office setting, knowing your legal rights and the process of obtaining workers’ compensation is crucial.

This guide will explore workplace injury statistics in New Jersey, workers’ compensation benefits, legal options for injured workers, and what to do if your claim is denied.

 

Understanding Workplace Injuries in New Jersey

According to the Bureau of Labor Statistics (BLS), New Jersey employers in private industries reported 66,800 nonfatal workplace injuries and illnesses in 2023. The incidence rate of these cases was 2.3 per 100 full-time workers, slightly lower than the national average of 2.4.

These statistics highlight the reality that workplace injuries remain a significant issue, particularly in high-risk environments like warehouses, factories, and construction sites.

Fatal Workplace Injuries in New Jersey

The dangers of workplace injuries are further illustrated by the 116 fatal work-related injuries recorded in New Jersey in 2022. This was the highest number of fatalities in the state since 2004. The leading cause of these fatalities was transportation-related incidents, which accounted for 40% of all fatal injuries.

Industries Most Affected by Workplace Injuries

While workplace injuries can happen anywhere, certain industries see higher rates of accidents and injuries. These include:

• Warehouse and Distribution Centers: Heavy lifting, forklift accidents, and repetitive motion injuries are common.
• Factories and Manufacturing Plants: Exposure to hazardous machinery, slips and falls, and chemical exposure are frequent risks.
• Construction Sites: Falls from heights, scaffolding accidents, and electrocution hazards pose serious threats.
• Healthcare Industry: Nurses and caregivers frequently suffer from back injuries due to lifting patients.

Understanding the risks associated with your workplace is the first step toward ensuring safety and securing the compensation you deserve if an injury occurs.

 

New Jersey Workers’ Compensation Laws: What You Need to Know

The New Jersey Workers’ Compensation Act ensures that employees injured on the job receive compensation regardless of fault. However, in exchange for these benefits, workers generally cannot sue their employers for additional damages.

Workers’ Compensation Benefits in New Jersey

If you are injured at work, you may be entitled to the following benefits:

Medical Treatment Coverage

• Your employer’s workers’ compensation insurance must cover all necessary and reasonable medical treatment related to your workplace injury.
• Employers often have the right to choose the doctor or medical provider.

Temporary Total Disability (TTD) Benefits

• If you are unable to work for more than seven days, you may qualify for temporary total disability benefits, which cover 70% of your average weekly wages.
• The state sets a maximum cap on these payments, which is adjusted annually.

Permanent Partial Disability (PPD) Benefits

• If your injury results in permanent impairment but does not prevent you from working entirely, you may qualify for partial disability benefits.

Permanent Total Disability (PTD) Benefits

• If you cannot return to any form of work due to your injuries, you may be eligible for lifelong disability payments.

Death Benefits

• If a worker dies due to a workplace injury, their dependents may be entitled to weekly death benefits and coverage for funeral expenses.

 

What to Do If You Are Injured at Work in New Jersey

If you suffer a workplace injury, taking immediate action can protect both your health and your legal rights.

Step 1: Report the Injury to Your Employer

• Notify your employer as soon as possible. New Jersey law requires employees to report work-related injuries within 90 days to be eligible for workers’ compensation benefits.
• Failing to report your injury on time may result in a denied claim.

Step 2: Seek Medical Attention

• Your employer or their insurance provider may require you to see an approved doctor for treatment.
• In emergencies, you can seek immediate medical care at any facility.

Step 3: File a Workers’ Compensation Claim

• Employers are responsible for filing a claim with their workers’ compensation insurance.
• If your employer refuses to file your claim, you can file a formal claim petition with the New Jersey Division of Workers’ Compensation.

 

Can You Sue Your Employer for a Workplace Injury in New Jersey?

In most cases, employees cannot sue their employers for work-related injuries due to the workers’ compensation exclusivity rule. However, there are exceptions where a lawsuit may be possible:

• Employer Negligence – If an employer intentionally created unsafe working conditions, you may have grounds for a lawsuit.
• Third-Party Liability Claims – If a third party, such as an equipment manufacturer, contractor, or another company, contributed to your injury, you may be able to file a personal injury lawsuit against them.
• Employer Retaliation – Employers cannot fire or retaliate against workers for filing a workers’ compensation claim. If they do, you may have a separate retaliation lawsuit.

 

What to Do If Your Workers’ Compensation Claim Is Denied

Unfortunately, many injured workers face denied claims from insurance companies. Common reasons for denial include:

• Employer disputes the injury claim.
• Insurance claims the injury wasn’t work-related.
• Lack of proper medical evidence.
• Missed reporting deadlines.

Steps to Appeal a Denied Workers’ Comp Claim in NJ

1. Request an Informal Hearing – You can file for an informal hearing with the New Jersey Division of Workers’ Compensation to resolve disputes.
2. File a Formal Claim Petition – If your case isn’t resolved informally, you can file a formal claim petition and request a hearing before a workers’ compensation judge.
3. Seek Legal Help – A workplace injury attorney can represent you and fight for the benefits you deserve.

 

Frequently Asked Questions About Workers’ Compensation Claim

How long do I have to file a workers’ compensation claim in New Jersey?
You must report your injury within 90 days and file a claim within two years from the date of the injury.

Can my employer fire me for filing a workers’ comp claim?
No. New Jersey law prohibits employer retaliation against workers who file claims.

What if my injury was caused by a third party?
You may be able to file a lawsuit against the third party in addition to receiving workers’ comp benefits.

What benefits am I entitled to after a workplace injury?
Workers’ compensation provides medical treatment, lost wage benefits, and disability compensation.

 

Contact The Epstein Law Firm, P.A.

Navigating a workplace injury claim in New Jersey can be complex. If your claim is denied, if you’re facing employer retaliation, or if you believe a third party is responsible for your injury, legal guidance is essential.

Contact The Epstein Law Firm, P.A. today for a free consultation. Protect your rights and secure the compensation you deserve.