It’s not uncommon for an employer to try to avoid having a workers’ comp case for two reasons: The employer does not want to be sued (for obvious reasons) or the employer does not actually have workers’ comp insurance (which is illegal in New Jersey) and they do not want to be caught without it.
Because you might not be able to trust what your employer tells you, it is important to know your rights if you are hurt at work.
- Your boss tells you that “the accident was your fault, so you’re not covered.” This is not true. New Jersey is a no fault state, which means that even if the accident is your fault, you are covered.
- Or they say, “we only cover [type of injury] or worse here.” Not true. Employers must cover all types of at work injuries that require medical attention.
- Or even “just use your own health insurance.” Instead of filing a WC claim, your employer might try to trick you into using your own health insurance. In order to use your own health insurance, you would need to state that the injury was not work related. Later when you file a claim, your boss can show the form where you said your injury was not work related.
- “If you file a claim, you’ll be fired.” Many employers will threaten to fire you if you file a workers’ compensation claim. In New Jersey, it is against the law to be fired for filing a workers’ comp claim. This tactic often works because the injured worker is scared and does not want to risk their pay or their job.
- “You’re undocumented so you’ll be sent back to your country.” Workers are covered even if they do not have authorization to work in the US. You will not be asked to show a green card, and there will be no report made to Immigration and Customs Enforcement. If you don’t have a Social Security Card, the Division of Workers Compensation give you an Identification Number for your case.
The law can be tricky and selfish employers will try to make it even harder; that’s why it’s important to get in touch with a Morris County workers’ comp attorney. Manfred F. Ricciardelli, Jr. has over twenty years of workers’ comp experience. He will help you build your case and determine the best course of action. For your free consultation, fill out our online contact form or call us at (973) 285-1100.