FREE CONSULTATIONS 856.983.8695

I tripped over a ladder at work and broke my ankle. What should I do?

Philip Ciprietti, NJ Car & Truck Accident Lawyer

Philip Ciprietti offers clients a genuine interest in their well-being and success and places clients’ interests first in all matters. Since 1982, Mr. Ciprietti has been certified by the NJ Supreme Court as a Certified Civil Trial Attorney.

Review: "His commitment and his willingness to go the extra mile, to fight hard for you make Phil an outstanding attorney. He is the one you want on your side." Read more testimonials.

If you were injured at work in New Jersey and sustained injuries, you may file a workers’ compensation claim. An injured employee who files a workers’ compensation may receive the following benefits:

  • medical benefits,
  • temporary total benefits,
  • permanent partial benefits, and
  • permanent total benefits.

Therefore, your medical bills are covered by your employer’s workers’ compensation carrier. However, you can only seek treatment from medical providers approved by the workers’ compensation carrier.

If an orthopedic doctor you are treating with tells you that you need to see a pain management specialist for the pain you have in your ankle, you cannot just go to a pain management specialist of your choice. The workers’ compensation carrier needs to approve your treatment with a pain management specialist and will tell you what doctor you can see.

Typically, a nurse case manager is assigned to your case and will set up your appointments with medical providers.

If you missed work because of your trip and fall accident, you can also receive wage loss benefits. However, you will not receive 100% of your weekly salary; you will receive 70% of your weekly salary within minimum and maximum limits set by NJ workers’ compensation law. See Injured at Work? Benefits You May Receive Under NJ’s Workers’ Compensation Act

In general, an employee may recover workers’ compensation benefits for a work related injury, regardless of who caused the accident. Therefore, if you caused your own trip and fall accident because you weren’t paying attention to where you were walking, you will still receive workers’ compensation benefits. If your trip and fall accident at work was caused by your employer’s negligence, you will also receive workers’ compensation benefits. The only caveat is that you will not be able to sue your employer in a negligence lawsuit.

However, you may have other legal options beyond filing a workers’ compensation claim. For example, if the ladder was negligently placed there by a lighting contractor fixing light fixtures in the office, you may be able to bring a lawsuit against the lighting contractor. This is called a third-party claim.

In this situation, you may recover damages not recoverable in a workers’ compensation claim from the lighting contractor, such as pain and suffering.

Sometimes, it may be difficult to get the medical treatment you need because the workers’ compensation carrier may not approve the treatment.

Unfortunately, some carriers are always looking for ways to stop benefits. In such cases, the injured employee needs to consult with a NJ workers’ compensation lawyer to help fight the workers’ comp carrier.

If you would like to discuss your trip and fall accident at work, call my office to schedule a free consultation. We can explore all of your legal options beyond a workers’ compensation claim and help you recover the financial compensation you deserve. 800-281-8695

NJ Workers’ Comp Law Articles

NJ Workers’ Compensation Law – When Should You Report a Work Related Injury?

NJ workers who are injured due to work related injuries are eligible to receive workers' compensation benefits. However, injured workers must give notice to their employers within a specified time period or they may lose their rights to receive benefits. Related:...

Injured at Work in NJ? What to Know About NJ Workers’ Compensation

Many people in the work force in New Jersey are injured every day, from construction workers and administrative assistants to police officers.  There are different types of accidents that may happen while at work or illnesses that workers develop related to their...

New Jersey Workers’ Compensation Law – Can Workers Receive Workers’ Comp Benefits if Injured While on Coffee Breaks?

In general, NJ workers are eligible to receive workers' comp benefits if their injuries arise out of and in the course of employment. The definition of "employment" is defined by N.J.S.A. 34:15-36, which provides: Employment shall be deemed to commence when an...

Injured in a NJ Highway Construction Site Auto Accident? What Are Your Legal Options?

New Jersey’s highways and roadways are often under construction. In the spring time, there are more work crews working on the Garden State Parkway or New Jersey Turnpike. Workers may be injured while working at the highway construction sites. One type of accident that...

New Jersey Workers’ Compensation Law – Denial of Benefits due to Major Deviation from Work

New Jersey workers may get injured while they are at work or performing their job duties. Some jobs involve a higher risk of injury than others. For example, a NJ heavy equipment operator at a NJ construction site faces a higher risk of injury than a NJ accountant...

FREE CONSULTATIONS

    Spam:  

    *No attorney-client relationship is created by use of this email form. Do not email confidential or time-sensitive information. Call the firm for immediate assistance.

    OUR OFFICE

    79 S. Maple Avenue
    Marlton, NJ 08053
    Phone: 856.983.8695
    Fax: 856.983.0015
    Toll Free: 800.281.8695

    Google Map/Directions