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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: 3 months ago.Category: Legal
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Answered in 10 minutes by:
3/29/2018
Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,956
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

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.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 3 months 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 3 months 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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