The location of the injury is not as important as the question of whether an injury occurred during the “course of employment.” Many jobs are performed at varying locations, such as a sales position which entails traveling on a regular basis. The location of where the injury occurs will not alone determine whether the salesperson is qualified to receive workers’ compensation benefits. Rather, the issue is whether or not the salesperson was performing work on behalf of the employer at the time of the accident.
Workers’ Compensation Attorney help you in understanding New Jersey the “Going and Coming” Rule, which provides that injuries which occur when an employee is traveling to and from the workplace are not covered by workers’ compensation. The question such cases is when an employee is deemed to have actually “arrived” at work. For instance, does the employee arrive when he drives into the parking lot, when he walks through the door of a multi-tenant building, enter the elevator, or when he sits down at his desk? Generally, the answer depends upon whether the employer owns or controls the location of the accident. So if your employer owns the building and the parking lot, if you trip in the parking lot then the injury will be covered through workers’ compensation.
Medical history is extremely important in the arena of worker’s compensation. However, just because a person has pre-existing medical condition does not disqualify her from receiving workers’ compensation benefits. Workers’ compensation carriers will always attempt to utilize a prior injury or condition as the basis to deny a claim or provide only limited medical treatment. Claimants with pre-existing medical conditions may need to fight to receive medical treatment. Moreover, at the time of settlement, the insurance carrier would be entitled to receive a credit for any pre-existing permanent disability.
The “statute of limitations” for filing a workers’ compensation claim is two years from the date that worker’s compensation benefits were last paid, including authorized medical treatment. If no medical treatment was provided though workers’ compensation, then a Claim Petition must be filed with the Division of Workers’ Compensation within two years of the date of the accident. For occupational claims, the Petition must be filed within two years of the date you knew or should have known that you sustained an injury related to your employment.
Yes, your attorney may file a Motion with the Court to force the insurance carrier to correct your temporary disability rate. To do so, you must supply a copy of your paystubs for the Court to review. If you failed to retain your paystubs, your attorney may request a wage statement from your employer, although the actual paystubs are often more reliable than a handwritten form completed by the human resource office. Your tax returns, including W2 forms from the year prior to the accident, may also prove helpful. It is advisable to file this Motion early on in the process, before the carrier gets too far behind in your payments. However, your attorney may only do so if you provide some evidence that you are being paid at the incorrect rate.
For more information on Workers’ Compensation Claims in New Jersey, a free initial consultation with an experienced Workers’ Compensation Attorney is your next best step. Get the information and legal answers you are seeking by calling (908) 923-0020 today.
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