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

Can I get NJ workers’ comp benefits even though my injury at work was not related to my job?

When New Jersey workers are injured while at work, they may receive workers' comp benefits pursuant to New Jersey workers' compensation law. Your question is actually often asked by many injured New Jersey workers. Though many at work accidents are related to the...

Cherry Hill, Marlton NJ Workers’ Compensation Law – What Is A Claim Petition?

When there are disputes between injured workers and their employers about workers’ comp benefits, injured workers may file a Claim Petition with the Division of Workers’ Compensation. This is not the same as filing a workers’ compensation claim. A Claim Petition is...

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...

NJ Workers’ Compensation Benefits – Permanent Total Benefits

Many New Jersey workers are injured in accidents while at work. There are many types of accidents that cause injuries. Some are work related. For example, a worker suffers a crush injury to his hand due to improper guarding of a machine. Some accidents are not work...

I was injured at work in NJ, do I have to see the doctor my employer told me to go see?

Answer: Yes, you do. Under NJ workers' comp law, an employer is responsible for all medical treatment/expenses of the injured worker resulting from the work-related accident. However, the injured worker must treat with doctors his employer chooses, which in all...

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