Understanding the Rights and Benefits of Workers Compensation For Construction Workers in New Jersey
New Jersey is a state with a bustling construction industry. Every year in New Jersey thousands of individuals are injured while working on a construction site. New Jersey workers compensation laws are designed to protect an employee who is injured on the job while at the same time protecting the employer from fraudulent workers compensation claims.
The importance of providing proper safety for construction workers is underscored by accidents like that which took place in Morristown Municipal Airport. The airport hangar collapsed while under construction, resulting in the injury of a 35-year-old construction worker. He sustained serious injuries to his leg.
What Type of Compensation Is Provided for Injured Construction Workers in New Jersey?
In New Jersey, workers compensation has been designed to ensure that an employee injured on the job will receive payment regardless of fault. The purpose of this law is to protect the employer from any legal action that an injured employee may bring and instead pass that liability on to a state agency.
There are no additional insurance claims or insurance companies involved.
All issues pertaining to case management and investigations are carried out by the Division of Risk Management. In the state of New Jersey, it is a department of law and public safety that will provide employees and employers with any advice or legal support when dealing with workers compensation claims. In accordance with the dictates of N. J. S. A. 34:15 – 7 through 43, payments for any medical treatment, permanent disabilities, and temporary disabilities are handled by the governmental division outlined in these articles.
Any firm that chooses not to pay into workers compensation insurance policies must prove that they can insure themselves. They will either pay for any injuries their employees receive out-of-pocket, or they will contract with a third-party administrator to provide these services. The articles for this type of coverage are laid out in N.J.S.A. 34:15-77 of the New Jersey Workers’ Compensation statute.
Recovering Damages Resulting from Neglect Injuries
According to New Jersey law, if a construction worker is injured as a result of an accident that took place during the normal course of employment and the injury occurred as a result of legal negligence on the part of the employer, the employee is entitled to receive compensation for the injury. If it is proven that the employee was willfully negligent when he received the injury, this information will be submitted to a jury and will be used to decide the amount of compensation the employee is due or if any compensation is due at all.
A construction worker may be entitled to compensation even if their injury was caused by the negligence of another employee and not directly caused by the negligence of the employer. This would include cases of horseplay or skylarking on the part of fellow employees as long as the injured or killed employee was not participating in the horseplay when they were injured.
Additionally, if a construction worker, while carrying out the normal responsibilities associated with his or her job, does something that is inherently dangerous, such as a metalworker working hundreds of feet up in the air and this individual is injured because the employer did not create the proper safety environment, the employer may be liable for the injuries the construction worker sustained. The burden of proof in establishing negligence of the employee will always lie on the defendant.
When a construction injury happens, like the one that took place at the above-mentioned New Jersey airport, a thorough investigation must be done. In this case, OSHA is examining why the steel erector beams of the hangar collapsed. If negligence on the part of the employer can be proven, it is likely that the 35-year-old injured worker will receive substantial compensation for his injuries.
What Type of Compensation is a Construction Worker Entitled to When They Are Injured on the Job?
Construction workers should expect to receive some, if not all, of the following benefits after they are injured:
• Sufficient medical service to treat the the job-related injury or illness. This would include prescriptions, hospitalization services, and continuing treatment related to the work injury.
• They will receive temporary disability benefits designed to cover wages that are lost as a result of injury. This compensation will be provided up to a statutory maximum. In order to receive this compensation, an injured worker must be disabled for more than seven days. They will be entitled to benefits at a rate of 70 percent of their average weekly wage but limited to 75 percent of the statewide average weekly wage.
• In the case of permanent injury or permanent disability, a construction worker should expect to receive compensation for the continued effects of their injury.
• With partial permanent benefits, the compensation received is divided into two categories. One category is scheduled loss and the other is non-scheduled loss. Nonscheduled loss includes injuries to things like the back, the heart, and the lungs. Scheduled loss includes things involving hands, legs, feet, and teeth. Benefits are paid on a weekly basis and will begin as soon as temporary disability benefits end.
• In the case of permanent total benefits, a construction worker will receive disability benefits for a period of 450 weeks. Benefits may continue after this time frame if an employee can prove that they still remain unable to earn a wage.
• In the case of a fatality, construction workers should expect to receive death and burial benefits that will be passed on to their dependents.
The Responsibilities of a Construction Worker after Being Injured on the Job
As a result of his injuries, the construction worker at the above-mentioned hangar required medical care. It is imperative for him to keep meticulous records that will be used when determining what compensation he is due.
Construction workers are responsible to notify their employers immediately after they have been injured. This notice can be provided to a manager, employer, or anyone who is in a position of authority at the place of business. Notice does not need to be given in writing. If medical treatment is needed, an injured construction worker has the right to first seek treatment and then inform their employer as soon as possible. New Jersey workers compensation law gives the employer and their insurance carrier the right to select which physicians will be used to treat work related injuries.
It is good for an injured construction worker to take the time to become familiar with workers compensation laws in the state of New Jersey. Annually, the Department of Labor and Industry along with the Workmen’s Compensation Bureau publish guidelines reflecting the most recent workers compensation laws affecting employees in New Jersey.
