When a high-wage earner suffers a serious workplace injury, the stakes are far greater than a prolonged recovery process. Securing the full workers’ compensation payout becomes pivotal for protecting both their financial future and well-being. However, navigating the claims process can be a challenge, and the approach taken can make all the difference between settling for less or maximizing their benefits.
Here are a few key tips for securing maximum compensation for lost wages, medical expenses and future losses.
Report the injury immediately
Workers must report workplace injuries to their employer as soon as they occur, In New Jersey, workers have up to 90 days to notify their employer but delaying this may result in complications or denial of benefits. Thorough documentation, including witness statements and photographs, can strengthen their claim.
When medical treatment is necessary, workers should promptly request it from their employer. Under New Jersey workers’ compensation law, it is the employer and/or their insurance carrier who selects the treating physician(s).
Ensure accurate wage calculations
For high-wage workers, accurately calculating the Average Weekly Wage (AWW) is critical. The AWW determines the amount of compensation that workers receive based on their salary, overtime and bonuses from the 52 weeks prior to their injury. Workers should verify that their employer reports all income sources to ensure that their compensation reflects their true earnings.
Consult an experienced workers’ compensation lawyer
Navigating a workers’ compensation claim can be complex, especially for high-income earners. Consulting an experienced lawyer who specializes in New Jersey workers’ compensation laws is often beneficial. A skilled attorney can guide workers in understanding their rights, calculating wages accurately and negotiating with insurance companies to maximize their payout.
In addition, workers may prevent costly mistakes by avoiding discussing their case with insurance companies or signing documents without consulting an attorney first. Many clients unknowingly waive their right to full compensation by not fully understanding their rights.
Provide comprehensive medical documentation
To pursue full compensation, workers need strong medical evidence supporting the severity of their injury. Detailed reports from healthcare providers, including diagnoses, treatment plans and expected recovery timelines are crucial. High-wage earners may significantly maximize compensation for lost wages and future medical expenses by demonstrating the impact of their injury.
Account for future lost earnings
Serious injuries can sometimes result in permanent disabilities that affect future earning potential. If workers cannot return to their previous position or have little to no choice but to accept a lower-paying job, their claim should include compensation for future lost earnings. An expert vocational evaluator can assist with quantifying this loss.
By considering these steps, high-wage workers can better position themselves to negotiate and secure the compensation they deserve for lost wages, medical bills and future income loss.