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Workers’ Compensation

Fighting for New Jersey Workers’ Compensation Benefits

Being injured on the job can be a painful and frustrating experience. If you’ve been hurt at work, you need a law firm that can back you up and support your immediate and long-term needs. The Mark Law Firm’s experienced team skillfully and effectively helps workers across New Jersey handle all kinds of workers’ compensation matters.

man sitting at table

We fight for our clients to recover fair compensation for workplace injuries.

If you have been injured on the job or developed a work-related injury or illness, you may have questions about workers’ compensation, such as:

  • What kinds of injuries are covered by workers’ compensation?
  • What benefits are available?
  • Do I need an attorney to pursue benefits?

Our experienced workers’ compensation team can help you understand the workers’ compensation process and help you secure the benefits you deserve for your work-related injury.

WHAT IS WORKERS’ COMPENSATION?

Workers’ compensation is a type of insurance coverage that New Jersey law requires most employers to provide for their workers. Only employees are entitled to workers’ compensation; Independent contractors do not receive these benefits unless they purchase their own independent insurance policy.

Some employers try to classify workers who should be considered employees as independent contractors to avoid paying benefits like workers’ compensation. This is illegal, and an experienced attorney may be able to help you determine whether you may be misclassified and entitled to benefits.

Like other kinds of insurance policies, the policyholder (your employer) pays a set amount (the “premium”) for a specific amount of coverage (compensation paid in the case of a claim). Your employer’s premium depends on many factors, including the type of business activity engaged in, the company’s history of prior accidents and workers’ comp claims, and the total amount of payroll.

Generally, higher-risk industries have higher insurance premiums. This makes sense since it’s more likely an insurance company will have to pay substantial amounts on claims involving physical injuries to workers at a manufacturing facility or construction site versus office and retail workers.

If an employee suffers a work-related injury or illness, the employer’s insurance carrier is responsible for paying the medical expenses covered by the policy and paying any appropriate compensation for wage loss and disability that is due to the injured worker.

Many workers feel guilty pursuing workers’ compensation claims because they worry that their employer will be directly liable for paying their medical bills and lost wages. This is not the case. While a claim may affect an employer’s future premiums, the employer’s insurance carrier pays the amounts involved in the actual claims.

For a full guide to workers’ compensation in New Jersey, see our detailed guide here.

What kinds of injuries are covered?

Workers’ compensation provides benefits to workers who are injured in specific work-related incidents, who sustain work-related occupational injuries or diseases (like hearing loss, asbestos-related disease, repetitive motion injuries, etc.), or who are killed on the job.

Generally, who is “at fault” for your injuries or illness is not a factor in determining whether you are eligible for workers’ compensation benefits. Under the NJ Workers’ Compensation Act, you are eligible for workers’ comp benefits as long as the injury was “sustained in the scope of your employment.” Although this sounds simple, today’s modern workplace sometimes makes it difficult to determine whether an employee is “on the clock” for purposes of liability or workers’ compensation recovery. An experienced workers’ compensation attorney can help sort out the facts of your case and help you determine whether you may be eligible for workers’ compensation benefits or, if not, whether you may be entitled to pursue a personal injury claim.

What benefits are available through workers’ compensation?

Workers may receive a few different kinds of benefits from the worker’s compensation system. These include

  • Medical Benefits
  • Temporary Disability Benefits
  • Permanent Partial Benefits (loss of some ability to work)
  • Permanent Total Benefits (loss of all ability to work)
  • Death Benefits

Unfortunately, workers’ compensation does not provide any compensation for pain and suffering. If you are eligible for workers’ compensation benefits, you are (in most circumstances) barred from making any additional claims or filing a lawsuit for your personal injuries. Depending on the circumstances, however, there may be one or more third parties who could be legally responsible for your injury (manufacturers of dangerous substances found in your workplace that contributed to your disease, for example). An experienced workers’ compensation attorney can help you evaluate all of your recovery options and pursue the compensation you deserve.

DO YOU NEED AN ATTORNEY FOR A workers’ compensation CLAIM?

For many reasons, workers who are injured on the job are frequently denied the workers’ compensation benefits they deserve. Workers’ compensation insurers, like all insurance companies, have attorneys working hard on their behalf to minimize their financial obligations. The workers’ compensation system can involve confusing paperwork, deadlines, and administrative requirements. An attorney can help you understand your rights and responsibilities, advocate for the compensation you deserve, and ensure that you properly file and follow up on all of the required paperwork and supporting documents for your claim.

If you have been denied workers’ compensation benefits for a work-related injury, if your benefits have been terminated, or if an insurer is seeking repayment for benefits it has already paid, you need an attorney.

A workers’ compensation lawyer can help you work out a settlement with your employer’s workers’ comp carrier, challenge a denial of coverage, or pursue a lawsuit for your claims. If litigation is appropriate, our experienced workers’ compensation team will help you every step of the way, including filing a Claim Petition, prepare for hearings, undergoing an independent medical examination (IME), testifying in an examination under oath (EUO), evaluating and obtaining medical and expert testimony, participating in mediation or arbitration, and filing an appeal of the Workers’ Compensation Board’s decision if necessary.

Our team is ready to speak with you about the many topics that can arise during a workers’ compensation case, such as

  • Covered vs. non-covered claims
  • Employee benefits
  • Employment status
  • Medical treatment
  • No-fault liability issues
  • Notice periods
  • Statutes of limitations
  • Treatment and waiting periods

FREE WORKERS’ COMPENSATION CONSULTATIONS

If you’ve suffered a workplace injury, we want to help you recover. When you schedule a free consultation with our team, we’ll discuss your potential claims as well as what to expect during the legal process. Don’t wait—contact us today.

At the first day I came to Mr. Mark's office to consult because of my wrongful termination, the attorneys helped me through my case. It was very helpful. Thank God they resolved my problems so quickly. They are very good lawyers who help the little guy.
E.T.
"The Mark Law Firm did an outstanding job with my case.  Jamison Mark was very dedicated and professional attorney, who never gave up.  The staff at this law firm was always available and kept me updated on my case always.  Everyone worked hard and the outcome was satisfying to my liking.  Professional, dedicated, and honest are just some words to describe Jamison Mark and his staff."
Susan R.
Jamison Mark is an exceptional attorney who cares deeply about his clients. Jamison and his staff always put their client's needs first by providing responsiveness along with top notch legal representation and trial skills.
Steven S.
They are all professional, kind, easy to talk to, and dedicated to the client not 100% but 1,000%. I feel as though a million thank yous are not enough for the time and effort they have put into my case.
Silyne T.
To summarize my experience, I would use words like compassion, efficient, competent, professional, and determined. I would recommend the Mark Law Firm and the amazing staff there to anyone.
Satisfied Client
The Mark Law Firm is an incredible team of experienced attorneys and paralegals. They are very hard-working, dedicated, and compassionate towards their clients, and I would recommend them to anyone. Do yourself a favor and get them on your side if you want quality results.
Catherine J.
Great practice, great lawyer! I would recommend the Mark Law Firm to family and friends. They’re extremely knowledgeable and will explain things from start to finish.
Kent H.
Jamison M. Mark, Esq. and staff were exceptionally professional, down to earth, and on the "Mark" with respect to the outcome of my settlement. I highly recommend the Mark Law Firm to assist with various legal matters.
Fayth M.
Jamison and his staff are a pleasure to work with and always take the time to listen. I would recommend that anyone with a legal issue speak with them!
Scott K.
This is a great firm and lawyer with practical advice and honest answers.
Evan G.
The Mark Law Firm did a tremendous job with my case. They were excellent in communicating thorough answers to my questions. They made me feel at ease all through the case. It was as if I was being represented by a family member.
Isabel D.
Thank you to The Mark Law Firm for taking my work-related case. Not only did you fight for me, but you walked me thoroughly through the case from beginning to end. If you ever need a reliable, trustworthy and fighting team, make sure to reach out to them. They will not disappoint you.
L.D.
I'm extremely thankful for all of the support, professionalism, and knowledge The Mark Law Firm gave through this time. They are a great firm and I would highly recommend.
T.B.

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