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Is the job over, but the pain still with you?

Temporary workers are entitled to workers' comp

Millions of people in New Jersey had seasonal jobs during the big holiday rush. Many were in retail, but the end of the year can be big for fulfillment centers, delivery drivers and construction jobs as well.

With the big rush and sometimes inadequate training, however, it's also a season for many on-the-job injuries. If your job left you with an injury that makes it difficult or impossible to find a new one, you might be entitled to worker's compensation - even if the job was temporary and has already ended.

Employment law protects all workers

It is common for workers at seasonal or temporary jobs to believe that they aren't entitled to the same compensation if they are injured on the job. That is simply wrong. All employees are covered by the Fair Labor Standards Act (FLSA) and are eligible for the same legal remedies, including benefits under New Jersey workers' compensation.

This is true for part-time and seasonal workers. It even applies if the job was temporary and the contract has already expired. If you are not able to find more work right away due to injuries that you sustained on the job, you have every right to file a worker's compensation claim.

Why so many injuries?

It's not just the big rush at the holidays which creates so many injuries.  The federal Tax Cuts and Jobs Act has spurred hiring in some sectors in the new year. When hiring a lot of employees at once, employers often fail to provide adequate training, particularly in areas of workplace safety. It's hard to get so many people up to speed quickly without cutting a few corners. When employers do not have enough safety gear to protect all workers, guess who gets left out? The temporary "short-timer" employee.

Part-time or temporary status is never an excuse. Too much work is never an excuse. There's no reason for you to think that you should have known better or it's somehow your fault. If you were injured on the job, whether from a single incident or as a result of repetitive motions, you are entitled to compensation until you have healed enough to go back to work.

Taking care of your health

Workers' compensation is about more than just making sure you have some income when you can't work. Your employer must also pay all related medical bills, including rehab, as well as benefits for any permanent disability or disfigurement.

What matters most is that you are back in shape to find a new job. You need to recover after any on-the-job injury, regardless of the circumstances or the job where you were hurt.

Staying sharp

Jobs may be temporary, but injuries may not be. It's important to know your rights. There is a reason why every employer in New Jersey is required to have workers' compensation insurance. It's for times like these, and there is no shame in making use of it if you were injured on the job.

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G | Ginsberg & O'Connor

Ginsberg & O’Connor, P.C.
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Mount Laurel, NJ 08054
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Gary D. Ginsberg is a Certified Civil Trial Lawyer who has been recognized as an expert in litigating cases in the courts of New Jersey.

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