Workers’ Compensation

All employers are required to carry workers’ compensation insurance. Workers’ compensation insurance is designed to protect workers who have been injured or who have developed a condition, illness or disability from their work. The most important thing is to be certain that you report any injuries or work illnesses to your employer as soon as possible. Failure to report an injury or illness promptly can lead to denial of your claim.

Under workers’ compensation insurance you are entitled to three benefits. The first and most important is being entitled to obtain medical treatment. This medical treatment generally comes from health care providers chosen by your employer or your employer’s insurance company. In an emergency you may obtain immediate medical attention on your own. Workers’ compensation insurance should pay for this treatment. The second thing you are entitled to, beginning one week after you are out of work due to an injury, is temporary disability benefits of 70% of your normal wages up to a maximum, which changes from year to year. The last thing you are entitled to is payment for any permanent injuries or disabilities that you are left with after treatment is completed. Payment is based upon a schedule of disabilities in the workers’ compensation law. There is no separate recovery for your pain and suffering.

In obtaining the workers’ compensation benefits due to any work injury, it is often in the insurance company’s interest to minimize the treatment or work loss and disability to which you are entitled. It is in such circumstances that we can assist you in obtaining the proper medical treatment, payment of benefits while you are out of work, and seeing that you are properly compensated for any permanent disabilities. Often insurance companies do not pay permanent disability unless you file a formal claim through an attorney. We are not permitted to charge a fee in workers’ compensation cases. Attorney’s fees in workers’ compensation claims are awarded out of any benefits that you receive. A substantial portion of the fee is paid by the insurance company. For these reasons, you should not hesitate to seek an attorney’s advice to determine if you are receiving the correct benefits for your injuries.

In addition to workers’ compensation, you may be entitled to receive New Jersey State disability benefits, unemployment or Social Security benefits depending upon the circumstances of your injury and the status of your workers’ compensation claim. In the event of the death of a worker, dependency benefits are available to a surviving spouse or dependents.

Often there are related claims that can be made against third parties who cause an injury or from injuries resulting from a defective product or machine.

If you are injured at work, our lawyers can help you. We will investigate all possible causes of your accident or illness and work hard on your behalf to obtain the highest award possible.

We look forward to speaking with you to see that you receive the proper workers’ compensation benefits. There is no charge for consultation by phone or in person in the event you feel that you have a workers’ compensation claim. You are encouraged to consult us to be certain that you are receiving the proper benefits in the proper amounts.