Workers’ Compensation Attorney in Newark, New Jersey
In New Jersey, employers are mandated by law to have insurance in place that provides compensation to employees who suffer injury while on the job. This insurance is known as workers’ compensation. Most employees in the state are eligible for workers’ comp benefits. This insurance coverage will pay for medical expenses incurred as a result of the injury, compensate the worker for any lost wages due to the injury, and provide compensation for long-term permanent disabilities, if applicable.
Why hire an attorney for your workers’ compensation claim?
An experienced attorney can help navigate the complexities of the workers’ compensation proces
With a deep understanding of your rights and responsibilities as an injured worker, they can guide you through the process, ensuring that all required paperwork and documentation is properly filed and followed up on. They can help you negotiate a settlement with your employer’s workers’ comp carrier, challenge a denial or termination of coverage, or pursue a lawsuit for your claims.
In addition, our experienced workers’ compensation team can assist you throughout every step of the process, from filing a claim petition to preparing for hearings, undergoing an independent medical examination, and participating in arbitration or mediation, if necessary. Our goal is to ensure that you receive the compensation you deserve for your work-related injury or disability.
Ensure a Fair Fight Against Your Workers’ Comp Insurer by Hiring Your Own Experienced Attorney
In addition to the legal representation, our attorneys can also provide you with the necessary support and guidance during a difficult and stressful time. They can help you understand the workers’ compensation laws, process and procedures, and ensure that your rights are protected. Our goal is to help you obtain the maximum amount of benefits to which you are entitled, as quickly and efficiently as possible. Whether you are just beginning the workers’ compensation process or are having trouble receiving the benefits you have already been awarded, our attorneys are here to help.
Evaluate all potential sources of compensation and maximize the amount of benefits you receive
Workers’ compensation benefits can fall short of covering all the actual expenses and damages that arise from a work-related injury. An experienced injury attorney can help you find other sources of compensation that may be available. In some cases, it may be possible to file a lawsuit against parties other than your employer who also bear legal responsibility for your injuries. Additionally, you may be able to collect other benefits for your work-related injury or disability from government or private entities, such as Social Security Disability Insurance (SSDI), VA or union benefits, Medicare payments, or private insurance benefits.
Types of Workers’ Compensation Claims in New Jersey
On-the-job injuries include warehouse, construction, motor vehicle, and all other types of workplace accidents. Some chronic health conditions can also be work related, like repetitive motion injuries (like carpal tunnel syndrome) and occupational diseases (like mesothelioma). The Mark Law firm has experience with cases involving all types of work injuries, including
- BACK INJURIES
- HEAD INJURIES
- SHOULDER INJURIES
- CARPAL TUNNEL
- UNSAFE WORK CONDITION INJURIES
- OCCUPATIONAL DISEASES
- LONG TERM EXPOSURE CLAIMS
- FATAL WORKPLACE ACCIDENTS
Compensation for Workplace Accidents in New Jersey
Injured workers may receive several different kinds of benefits from the workers’ compensation system, including
- Medical benefits (costs of medical care, physical therapy, rehabilitation, etc.)
- Temporary disability benefits (compensation for wages lost while recovering)
- Permanent partial disability benefits (some loss of ability to work)
- Permanent total disability benefits (complete loss of ability to work)
- Death benefits
Unfortunately, workers’ compensation does not provide any compensation for pain and suffering or other non-economic damages. Depending on the circumstances, you may be able to recover these damages from one or more third parties who could be legally responsible for your injury (for example, manufacturers of dangerous substances found in your workplace that contributed to your injury).
New Jersey Workers’ Compensation Frequently Asked Questions
A worker should notify the employer as soon as possible after an accident or occurrence that causes an injury but not later than 90 days from the date of the accident. Such notice may be given to the employee’s supervisor, the HR department or personnel office, or anyone else in authority at the employer’s place of business. Although the notice does need not be in writing, it’s a good idea to keep a record of the date, time, and circumstances of the notice. If medical treatment is necessary, the employee should make a request to the employer as soon as possible.
In general, New Jersey law requires that workers’ compensation claims be filed within two years after the incident. For occupational illnesses such as asbestosis, hearing loss, or lead poisoning, claims must be filed within two years after the date that the individual becomes aware of the condition’s relationship to their employment. If an employer directly compensates an employee for their injury, including paying for medical treatment, the injured worker has two years from the date of the last payment to file a workers’ compensation claim.
In addition to paying the cost of an injured worker’s medical treatments, workers’ compensation provides different types of weekly benefits that are intended to replace lost wages. Temporary disability benefits are provided retroactively (back to the date of the injury) until the day the individual returns to work, reaches maximum medical improvement (MMI), or has exhausted the statutory 400-week maximum.
When a worker reaches MMI, they are evaluated by one or more physicians and specialists, who determine how much permanent injury the worker will carry. If the injury is one that is in the common workers’ compensation tables, like the loss of a finger or industrial use loss of an arm, a specific number of weeks of compensation will be awarded. If the injury is not in the tables, then the attorneys for all parties negotiate an amount. The percentage of the salary that gets paid, like the number of weeks of payment, varies based on the severity and permanence of the damages.
When a job-related injury or illness results in a permanent bodily impairment, benefits are based on the individual’s functional loss. These benefits are paid weekly beginning when temporary disability benefits end and, unless otherwise agreed, can continue for the rest of the injured person’s life.
The minimum and maximum allowable workers’ compensation rates change each year. The maximum weekly rate for temporary disability is 70% of New Jersey workers’ average weekly wage; in 2022, the minimum payment is $284/week and the maximum is $1,065/week. Weekly payments for permanent disability can range from $35 to $1,065, depending on the severity of the injury.
Your employer’s workers’ compensation insurance carrier may offer you a lump sum payment to settle your workers’ compensation claim. If you accept this offer, you lose your rights to receive ongoing weekly payments. In most cases, the weekly benefits will amount to more than the lump sum payment. However, an injured worker may prefer having the claim completely settled and having immediate access to a larger sum of money. You should discuss the pros and cons of a lump sum settlement with a New Jersey workers’ comp attorney before agreeing or signing any documents from an insurer.
New Jersey law prohibits terminating or otherwise retaliating against a worker for using the workers’ compensation system. An employer may not discharge or in any other manner discriminate against an employee as to their employment because the employee has claimed or attempted to claim workers’ compensation benefits or because they have testified, or are about to testify, in any workers’ comp-related action.
An employee who has claimed workers’ compensation benefits is not immune from being terminated for other reasons (or no reason at all) because New Jersey is an at-will employment state. However, many employees who are fired, demoted, terminated, suspended, or otherwise retaliated against after filing a workers’ comp claim suspect that their use of the system is the real reason for their employer’s action.
If you believe you have been terminated or discriminated against in the workplace because of your use of the workers’ compensation system, consult with an attorney. An employee who is discharged or otherwise retaliated against for making a workers’ comp claim is entitled to be restored to their proper position and receive compensation for any loss of wages arising from the discrimination. An employer (or its agent) who engages in workers’ compensation discrimination or retaliation may also face fines, imprisonment, or both as well as liability in a civil lawsuit for compensatory and punitive damages.
Speak with a New Jersey Workers’ compensation lawyer near you today.
The workers’ compensation attorneys at the Mark Law Firm can help you understand your rights and pursue the workers’ compensation benefits you deserve. We offer free, no-obligation consultations to evaluate the facts and circumstances of your case. You deserve an attorney who will listen to you, understand your situation, and help you fight for your rights. Contact our workers’ compensation team today.
We also serve these neighborhoods around Newark:
- Basking Ridge
- Jersey City