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I’m unfamiliar with the workers comp laws in NJ but I was…

Customer Question
I’m unfamiliar with the...

I’m unfamiliar with the workers comp laws in NJ but I was injured at work. I work for Amazon driving cargo vans and making deiveries. I started the job March 5 and did 4 routes including the day I was hurt March 13 Andy I’ve been out ever since. I was told that I don’t qualify for workers comp being that I just started the job.

Lawyer's Assistant: Have you discussed the injury with a manager or HR? Or with a lawyer?

I have discussed it briefly with my manager who is only relating messages from corporate since I have yet to get a call back from them.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I don’t have a lawyer

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This job has no union, no benefits. It’s basically a contract job.

Submitted: 23 days ago.Category: Legal
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Answered in 10 minutes by:
3/29/2018
Lawyer: Law Educator, Esq., Attorney replied 23 days ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,242
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under NJ law, you are entitled to payment for all of your medical expenses and approximately 66% of your wages for the time you are not able to work. The workers compensation laws apply in every state and are roughly identical. If you were an EMPLOYEE, then even if you were working 1 hour on the first day you are entitled to workers compensation and if the employer is refusing to provide it, the next step is filing a complaint to the NJ Department of Labor Workers Compensation Division. If they cannot resolve the issue, then you need to engage a local NJ Workers Compensation attorney to assist in pursuing your claim.

However, if you were not an employee, but an independent contractor, you would not generally be entitled to workers compensation unless you had your own insurance for such injuries. However, if you were an actual employee, then legally they must pay for your medical care and your time you are not able to work and you need to pursue your claim with the NJ DOL and with a NJ workers compensation attorney.

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Customer reply replied 22 days ago
The owner of the company is claiming that there is a certain number of days that I needed to have worked in order to file workers comp
Lawyer: Law Educator, Esq., Attorney replied 22 days ago

Thank you for your reply.

He is LYING to you. Workers compensation covers you immediately when you are working and your next step is to file a complaint to the NJ DOL Worker's Compensation Board if he is refusing to file your claim.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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