Workers’ Compensation Attorney in Summit, New Jersey
As per the law in New Jersey, employers must have insurance that covers their employees in case of any job-related injuries. The majority of employees in the state are eligible for workers’ compensation benefits. This compensates employees for medical expenses incurred due to their injury, replaces the wages lost during their recovery, and, if necessary, provides compensation for permanent disabilities over an extended period.
Why hire an attorney for my workers’ comp claim?
Having an attorney can assist you in efficiently navigating the workers’ compensation process
Individuals who are harmed while on the job often face difficulties in obtaining their due workers’ compensation benefits. The bureaucracy, deadlines, and administrative requirements of the workers’ compensation system can be overwhelming and confusing. An attorney can clarify your rights and obligations, ensure that you properly file and follow up on all the necessary paperwork and documentation for your claim, and fight for the compensation you deserve.
Our well-versed workers’ compensation team can help you file a claim petition and provide support throughout every stage of the process. This may involve preparation for hearings, undergoing an independent medical examination (IME), participating in an examination under oath (EUO), gathering and evaluating medical and expert testimony, taking part in arbitration or mediation, and appealing the decision of the Workers’ Compensation Board if necessary.
Don’t be outmatched: Your workers’ comp insurer has attorneys, you should have one too
Just like any other insurance company, workers’ compensation carriers aim to minimize their financial responsibilities. They may deny valid claims, discontinue benefits prematurely, or try to recover payments already made. Our lawyers can support you in negotiating a settlement with your employer’s workers’ comp insurance provider, contest a denial or termination of coverage, or take legal action to recover your claims. We are dedicated to ensuring that you receive the benefits you are entitled to and that your rights are protected.
Find out what benefits you’re eligible for
It’s important to note that workers’ compensation benefits may not cover all the costs and losses associated with a work-related injury. An expert injury lawyer can assist you in locating other sources of compensation that may be available to you. In some instances, it might be possible to file a lawsuit against those who have a legal obligation for your injury and who are not your employer. Furthermore, there may be other benefits for your work-related injury or disability from government organizations, private insurance, or organizations such as Social Security Disability Insurance (SSDI), Veterans Affairs (VA), unions, Medicare, or private insurance.
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 Summit:
- Basking Ridge
- Jersey City