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New Jersey Personal Injury Attorneys

Workers Compensation

New Jersey Workers Compensation Lawyers 

Injuries suffered on the job can be costly to treat, and this is especially a problem for workers who require time off to help recover. Along with the loss of income, the exorbitant amount of medical expenses can be a staggering issue. If you are in this situation, you may be eligible for New Jersey workers’ compensation to receive benefits for your injury. Workers’ compensation is designed to provide injured employees with financial support for temporary wage loss, permanent or temporary disability, medical expenses and other costs. Please do not hesitate to reach out to our team of New Jersey workers compensation lawyers today.

Our Woodbridge, New Jersey workers’ compensation lawyers handle all types of work injury claims including workplace slip and falls, ladder accidents, scaffolding accidents, burns, back injury cases, repetitive stress injury claims, work related auto accidents and fatal work accidents. Call today for a free consultation. Our Hamilton Township, NJ workers’ comp attorneys charge no legal fees of any type if they do not recover for you and your family.

Workplace Injury Compensation Claims

Construction sites, industrial workplaces or other job sites pose daily hazards to workers. Property and business owners, as well as equipment manufacturers, have a responsibility to follow safety regulations to ensure that workers do not fall victim to accidents or injuries. In the event that an employer is negligent and fails to maintain a safe working environment, the injured worker may be able to file a workers’ compensation claim under New Jersey workers’ compensation laws. With the help of our Trenton New Jersey workers compensation lawyers you will get through this and obtain any and all benefits and forms of financial compensation you are entitled to.

Filing Claims & Appealing Denied Workers Comp Claims

If you have suffered an on the job injury you may be entitled to medical benefits and forms of financial compensation. The extent of your injury, the severity of the injury and who/what caused your injury typically dictate what benefits you may be entitled to. Following an on the job injury you need to report the injury to your supervisor or employer immediately. If your work related injury is not reported within 90 days of the accident you may disqualify yourself from obtaining benefits. You should also seek medical care immediately following the accident. From there you should start the claim filing process. As filing a workers’ compensation claim is very complex it should only be done by our experienced Union New Jersey workers compensation lawyers.

If your New Jersey workers’ comp claim has been denied you have a right to appeal a denial of your workers’ compensation claim. Per New Jersey workers’ compensation laws there are two appeal processes: a formal hearing through a Claim Petition or an informal hearing through an application for an Informal Hearing.

Informal Hearing

The benefit of an informal hearing is a more expedited and informal route to addressing your appeal. To obtain an informal hearing, you must complete an application for an Informal Hearing  and submit it to the Division of Workers’ Compensation.

Your case will be assigned to a judge, and you will receive written notice of the date and time of your first hearing. Sometimes multiple hearings are necessary to allow the insurance company (and your lawyer, if you have one) time to assess all of the issues and gather relevant evidence. The judge will ultimately make a recommendation for settling the dispute, but either side is free to reject it. If you aren’t able to resolve the dispute at the informal hearing, you may request a formal hearing. It is best to have our Newark NJ workers’ comp attorneys help you with this.

Formal Hearings

If needed you can request a formal hearing by filing a claim petition form with the Division of Workers’ Compensation. You must file your petition within two years of the date of your injury or the last date you received compensation from the insurance company, whichever is later. If you have an occupational disease, you must report the illness within two years from the date you became aware of the illness and its possible connection to employment conditions. It’s important to note that requesting an informal hearing does not affect this two-year deadline.

Once your petition has been submitted, your case will be assigned to a judge in the workers’ comp district office in the county in which you live. If you reside in another state, the hearing will take place in the county where your employer is located. Informal hearings differ from informal hearings in that the formal hearing takes place around six months after the date of filing the petition. Informal hearings are typically held with a few weeks of filing the petition.

The formal hearing is much like a trial, in that both parties present evidence and witnesses to testify. You should plan to have witnesses testify on your behalf, including yourself, your doctor, and family members and coworkers with knowledge of your injury.

After all of the evidence has been presented, the judge will issue a written decision. If the judge allows your claim, the judge will likely award specific benefits and may assess penalties. If the judge does not rule in your favor, you may appeal the decision to the state courts of New Jersey in the Appellate Division of the Superior Court. Please do not attempt to file your NJ workers’ comp claim on your own. Let our distinguished Paterson, New Jersey workers compensation lawyers file it on your behalf.

New Jersey Workers Compensation Benefits

An employee or their dependents can receive workers’ compensation benefits for an injury or death arising out of and in the course of employment. The employer or their insurance carrier pays for necessary and reasonable medical treatment, loss of wages during the period of rehabilitation and when documented, benefits for permanent disability.In the event that a worker is injured while working for an uninsured employer, application for medical and temporary benefits can be made to the Division’s Uninsured Employers Fund (UEF).

According to current New Jersey workers’ compensation laws the following benefits are provided to injured New Jersey workers. Consulting with our Jersey City New Jersey workers compensation lawyers behooves you as they will determine the full value of your claim and get you the benefits & compensation you are entitled to.

Medical Benefits

All medical services, which can include doctors appointments, prescriptions, hospitalization, ER visits and surgeries, related to the workplace injury are paid by the employer’s insurance carrier or directly by the employer if they are self-insured.

The employer has the right to designate the authorized treating physician for all work related injuries. Only in the situations where the employer inappropriately refuses to provide medical treatment or if an emergency exists, may the injured worker choose the treating physician. In the case of the latter, the injured worker should notify the employer as soon as possible concerning the treatment being received.

Temporary Total Disability Benefits

If an injured worker is disabled for a period of more than seven days, he or she will be eligible to receive temporary total benefits at a rate of 70% their average weekly wage, not to exceed 75% of the Statewide Average Weekly Wage (SAWW) or fall below the minimum rate of 20% of the SAWW. These benefits are provided during the period when a worker is unable to work and is under active medical care.

Benefits are usually terminated when the worker is released to return to work in some capacity or if he or she has reached maximum medical improvement (MMI). MMI is a term that is used when additional treatment will no longer improve the medical condition of the injured worker. The worker, in some cases, may be left with either partial permanent injuries or total permanent injuries, details of which are addressed in the next two sections.

Permanent Partial Benefits

When a job related injury or illness results in a partial permanent disability, benefits are based upon a percentage of certain “scheduled” or “non-scheduled” losses. A “scheduled” loss is one involving arms, hands, fingers, legs, feet, toes, eyes, ears or teeth. A “non-scheduled” loss is one involving any area or system of the body not specifically identified in the schedule, such as the back, the heart, the lungs. These benefits are paid weekly and are due after the date temporary disability ends.

Permanent Total Benefits

Sometimes when a work injury or illness prevents a worker from returning to any type of gainful employment, he or she may be entitled to receive permanent total disability benefits. These weekly benefits are provided initially for a period of 450 weeks. These benefits continue beyond the initial 450 weeks provided that the injured worker is able to show that he or she remains unable to earn wages.

Wages earned after 450 weeks offset the weekly computation in proportion to the income at the time of the injury. Permanent Total benefits are paid weekly and are based upon 70% of the average weekly wage, not to exceed 75% of the Statewide Average Weekly Wage (SAWW) or fall below the minimum rate of 20% of the SAWW.

Permanent Total Disability is also presumed when the worker has lost two major members or a combination of members of the body such as eyes, arms, hands, legs or feet. However, permanent total disability can also result from a combination of injuries that render the worker unemployable.

Permanent Total Benefit Rates

The Second Injury Fund (SIF), which is administered by the Division of Workers’ Compensation, makes benefit payments to injured workers who are totally and permanently disabled as a result of their last work-related injury combined with the workers’ pre-existing disabilities.

The Second Injury Fund was established to encourage employers to hire disabled workers. The employer only pays for the work related aspect of the total disability award. More Information about Second Injury Fund.

Death Benefits

Dependents of a worker who dies because of a work related injury or illness may be eligible to receive death benefits. The weekly benefits payments are 70% of the weekly wage of the deceased worker, not to exceed the maximum benefit amount established annually by the Commissioner of Labor.  The benefit amount is divided by the surviving dependents as determined by a judge after a hearing on extent of dependency.

A surviving spouse and natural children who were a part of decedent’s household at the time of death are conclusively presumed to be dependents.

A surviving spouse and natural children who were not a part of the decedent’s household at the time of death and all other alleged dependents (parents, grandparents, grandchildren, brothers, sisters, etc.) must prove actual dependency.

Children who are deemed to be dependents remain so until the age of 18 years or if a full-time college student, until the age of 23 years.

If a child is disabled, whether mentally or physically, he/she may be entitled to for further benefits.

The employer or its insurance carrier is responsible to pay up to $3,500 in funeral expenses for a job-related death. These funds are payable to whomever is liable for the funeral bill, be it the estate or an individual.

After suffering an on the job injury, or losing a loved one in an on the job accident, it is important that you consult with a Toms River workers compensation attorney as they will determine what benefits you are entitled to.

New Jersey Uninsured Employer’s Fund (UEF)

The state of New Jersey, like many other states, has a government backed fund that helps injured workers whose employers do not have workers’ compensation insurance. This fund is called the Uninsured Employer’s Fund (UEF) and it was established within the NJ Workers’ Compensation Law to provide for temporary disability benefits and medical expenses to workers suffering from compensable injuries while working for employers who fail to provide the required workers’ compensation insurance coverage and who fail to make such benefit payments as awarded by the Division of Workers’ Compensation. 

The process by which the UEF gets involved in a workers’ compensation case is with the filing of a formal claim petition. If no insurance carrier or indication of approved self insurance is indicated on the Claim Petition, a search is requested through the Compensation Rating & Inspection Bureau to determine the insurance status of the employer.

If no insurance is found to be in place for the employer, the case is scheduled to be heard in a selected court vicinage and an attorney representing the Uninsured Employer’s Fund is assigned.  If the employer is found to have failed in providing the required insurance coverage and will not or cannot make the ordered payments to the injured worker, the employer is penalized for non-compliance and the Order of the Judge of Compensation is docketed in the Superior Court against the employer.

Upon application by the worker’s attorney, the Uninsured Employers Fund makes payment of all temporary disability and reasonable and customary medical expenses included in the Judge’s Order.

Failure to carry workers’ compensation insurance or to have an approved self-insured status is a disorderly persons offense and possibly a criminal offense in New Jersey. The Division is actively involved in identifying non-compliant employers as well as levying and collecting penalties and restitution once such employers are identified.  Check out the insurance page in our web site for detailed information on insurance requirements in New Jersey.

Many recent initiatives  strengthened our effort to reduce the number of uninsured employers operating in New Jersey. As a result of the passage of Assembly Bill 1136, all employers in NJ are now required to submit proof of workers’ compensation insurance in a form that is suitable for cross-checking with other state databases. This legislation was designed to identify non-compliant uninsured employers before a workplace accident occurs. In 1997, staff from the Uninsured Employer’s Fund (UEF) have been working on conforming the data in cooperation with the Compensation Rating and Inspection Bureau and the Division of UI/DI Finance to identify employers who are uninsured and in violation of the law.

Sanctions for uninsured employers are severe, ranging from prosecution as a strict liability disorderly person’s offense to a fourth degree criminal offense.  Cases of willful failure to comply with the law are routinely forwarded to the Attorney General for action.

In addition to criminal sanctions there are civil fines and penalties. Uninsured employers, upon identification, can be assessed penalties of up to $5,000 for the first ten days of non-compliance in addition to up to $5,000 for every ten day period thereafter.

Second Injury Fund

The Second Injury Fund was created in 1923 for the purpose of making benefit payments to workers already partially disabled who subsequently experience a work related injury which together, render them totally disabled. The concept behind the Second Injury Fund was to encourage employers to hire disabled workers by limiting, in the case of further injury, their liability for compensation payments to amounts only applicable to the latest injury.  Payments from the SIF commence at the conclusion of the payment of benefits from the employer or the insurance carrier and continue until the death of the beneficiary or gainful employment.

Special Adjustments & Supplemental Benefits

Due to amendments to the Workers’ Compensation Law in 1980, provisions were made for cost of living increases for totally and permanently disabled workers, dependents of deceased workers and Second Injury Fund beneficiaries whose date of injury or, as the case may be, death, occurred prior to January 1, 1980. Prior to these amendments, a beneficiary remained at the fixed awarded weekly benefit rate permanently. In 1980, for example, there were a large number of workers and dependents receiving as little as $25 to $40  per week, the maximum amount that could have been awarded to them during the 1950’s and the 1960’s.

Appealing a Workers’ Comp Denial

You have a right to appeal a denial of your workers’ compensation claim. The Division of Workers’ Compensation in New Jersey has two appeal processes: a formal hearing through a Claim Petition or an informal hearing through an Application for an Informal Hearing.

Informal Hearings

The benefit of an informal hearing is a more expedited and informal route to addressing your appeal. To obtain an informal hearing, you must complete an application for an informal hearing and submit it to the Division of Workers’ Compensation.

Your case will be assigned to a judge, and you will receive written notice of the date and time of your first hearing. Sometimes multiple hearings are necessary to allow the insurance company (and your lawyer, if you have one) time to assess all of the issues and gather relevant evidence. The judge will ultimately make a recommendation for settling the dispute, but either side is free to reject it. If you aren’t able to resolve the dispute at the informal hearing, you may request a formal hearing.

Formal Hearings

You can request a formal hearing by filing a claim petition form with the Division of Workers’ Compensation. You must file your petition within two years of the date of your injury or the last date you received compensation from the insurance company, whichever is later. If you have an occupational disease, you must report the illness within two years from the date you became aware of the illness and its possible connection to employment conditions. It’s important to note that requesting an informal hearing does not affect this two-year deadline.

Once you submit your petition, your case will be assigned to a judge in the workers’ comp district office in the county in which you live. If you live out of state, the hearing will take place in the county where your employer is located. Unlike informal hearings, which usually occur in a matter of weeks, the formal hearing takes place around six months after the date of filing the petition.

The formal hearing is much like a trial, in that both parties present evidence and witnesses to testify. You should plan to have witnesses testify on your behalf, including yourself, your doctor, and family members and coworkers with knowledge of your injury.

After all of the evidence has been presented, the judge will issue a written decision. If the judge allows your claim, the judge will likely award specific benefits and may assess penalties. If the judge does not rule in your favor, you may appeal the decision to the state courts of New Jersey in the Appellate Division of the Superior Court.

New Jersey Coming & Going Rule

It is not uncommon for an injury or accident to occur when you are not physically at your office, job site, or place of business. The question that often arises is, “when does the workday begin and end?” The answer to this question lies within the Court’s interpretation of the principal known as the “premises rule” or the “going and coming rule.” Generally, this principal of worker’s compensation law provides that an injury or accident that occurs during an employee’s travel to and from his or her place of employment will not be covered by worker’s compensation insurance. The purpose behind this is that the employee is not under the employer’s control while transporting to and from work. Being under the “employer’s control” is a key aspect to determining whether you have begun your workday and are covered by worker’s compensation insurance.

New Jersey law defines “employment” as beginning once an “employee arrives at the employer’s place of employment to report for work” and ending “when the employee leaves the employer’s place of employment.” This is the general rule of determining when an accident or injury may be covered by worker’s compensation insurance. Of course, as with most law, there are grey areas that must be covered by exceptions to the general rule. The statutory definition goes on to provide that is an employee is required by an employer to be away from the employer’s place of employment “the employee shall be deemed to be in the coursed of employment when engaged in the direct performance of duties assigned or directed by the employer…” This means that if your employer requires that you go on a “special mission” where you have to perform duties associated with your employment, but it requires you to be away from where you typically work, you may be covered by worker’s compensation insurance. Additionally, employment is deemed to have commenced during paid travel time and also with the use of an employer’s vehicle to travel to and from any job. To discuss your workers’ compensation case with one of our skilled Cherry Hill New Jersey workers compensation lawyers today.

What To Do If Fired After Filing A Workers Comp Claim

According to New Jersey workers’ compensation laws you cannot be fired or terminated for filing a workers compensation claim. If you have been wrongfully terminated, demoted or otherwise discriminated against as a result of filing a workers comp’ claim you may be entitled to other benefits and forms of financial compensation. Please contact our Passaic County workers compensation lawyers to discuss your case.

Protecting your Workers’ Compensation Rights

The New Jersey workers compensation lawyers at our NJ law firm are dedicated to make sure that injured workers’ rights are protected and their disability claims are handled accordingly. Our NJ workers’ comp lawyers provide focused, personalized legal representation to help you obtain the financial compensation you deserve. For more than 2 decades, our Atlantic City workers comp attorneys have successfully litigated work injury cases for workers affected with temporary disability, permanent disability, or death. To schedule a free confidential consultation with the New Jersey workers compensation lawyers at Flynn & Associates, call us toll-free (609) 707-8617. Alternatively, you may fill out an online contact form.

Our New Jersey workers compensation lawyers serve all 21 New Jersey counties including Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union and Warren County, New Jersey.

Within those counties they serve all New Jersey cities, county seats, towns, boroughs and villages such as: Atlantic City, Bayonne, Belvedere, Berlin, Brigantine, Bridgeton, Brunswick, Camden, Cape May, Cedar Grove, Cherry Hill, Clifton, Elizabeth, Flemington, Freehold, Hackensack, Hamilton Township, Hoboken, Jersey City, Margate, Marlton, Mays Landing, Morristown, Mount Holly, New Brunswick, Newark, Newton, North Bergen, Old Bridge, Passaic, Paterson, Perth-Amboy, Salem, Sayreville, Somerville, Toms River, Trenton, Union City, Woodbridge, Woodbury, Ventnor, Vineland and Voorhees, New Jersey.

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