Being hurt or becoming sick while on the job means you may miss out on the income you need to pay your bills. Since 1911 New Jersey employees have relied on worker’s compensation insurance during these times, but getting your claim approved can be frustrating.
When you need help getting your benefits quickly or if your claim has been denied, contact The Law Offices of Lloyd E. Bennett, Esq., P.C. to speak with an experienced New Jersey workers’ compensation attorney. Our team of legal professionals will guide you in navigating the complex filing system. We can also negotiate with the insurance company to be sure your needs are covered.
Workers’ Compensation Coverage in New Jersey
Nearly every company in New Jersey must purchase workers’ compensation insurance from an insurance carrier approved by the New Jersey Department of Labor and Workforce Development. This insurance provides significant benefits for workers and protects companies from being overwhelmed by personal injury lawsuits.
If you are injured or become sick due to a work related event, you must:
- Make a report detailing your injury or illness to your supervisor as soon as possible. Ideally, you should do this in writing.
- Visit a doctor as directed by the company, who will evaluate your injury or illness. They will work with the worker’s compensation insurance carrier and will verify your condition happened at work.
You must keep all medical appointments and follow your doctor’s orders to maintain your right to benefits. To recover compensation for your injuries, you must file a formal request for a hearing through counsel before the New Jersey Division of Workers Compensation. Thereafter, a Worker’s Compensation Judge will review your claim and determine if you can be compensated for your injuries.
Common Workers’ Compensation Injuries in New Jersey
As long as you demonstrate that your illness or injury is a result of a work-related incident, workers’ compensation covers a number of medical conditions. Most will be acute, meaning they happen suddenly and require immediate treatment. However, you may become ill over time from exposure to chemicals or suffer repetitive motion injuries when performing assembly line work.
Some of the most common injuries workers experience in New Jersey companies include:
- Broken bones or fractures
- Cuts and lacerations
- Crushed, struck by, or caught-between accidents
- Electrocution
- Falling
- Puncture wounds
- Slip-and-fall or trip-and-fall accidents
- Torn or strained muscles
- Motor vehicle accidents while working
While these accidents can happen on any job site, some places are more dangerous than others. Employees in construction, demolition, and factory work are especially prone to fall and machine injuries.
Workers’ Compensation in New Jersey Provides Valuable Benefits
Workers’ compensation insurance is meant to provide temporary disability benefits in place of lost wages and pay for your medical expenses while you recover. Both you and your employer want you to heal quickly and completely so you can get back to work earning full wages. You should receive temporary disability benefits until your doctor advises you to return to your job.
The most valuable benefits of workers’ compensation include:
- Wage replacement while you recover, at 70% of your usual pay up to a cap amount
- Coverage of all medical bills related to your injury or illness
- Job retraining or educational program assistance if you will not be able to return to your job
- Partial Total Disability Benefits if you suffer a reduction in your work ability; or
- Permanent Disability Benefits if you become permanently disabled and cannot work at all
- Benefits for your survivors if you die due to your illness or injury
At The Law Offices of Lloyd E. Bennett, we focus on assessing your claim to ensure you get all the benefits you deserve. Our qualified New Jersey workers’ compensation lawyers can interpret and explain the law so you know exactly where you stand.
A New Jersey Workers’ Compensation Lawyer Protects Your Claim
We not only assist you in filing your initial worker’s compensation claim, but we will also keep a close eye on all communication from the insurance company. This allows us to determine if your claim is being delayed, reduced, or denied. We can act quickly to negotiate a continuation of benefits or provide the necessary information to prevent your payments from being cut off.
In some situations, worker’s compensation may not be enough if you have been hurt due to negligence from a third party. If a contractor, vendor, visitor, or outside company caused your accident or illness, you might have grounds to sue them independently.
Filing a personal injury lawsuit is another area where we can help. We will investigate your case to collect relevant evidence. With a lawsuit, you can request damages in excess of what your workers’ compensation payments are, meaning you could be reimbursed for your pain and suffering.
Reasons Why Workers’ Compensation Benefits Might Be Denied
While New Jersey employers are required to carry workers’ compensation, they may not be happy when you file a claim as their insurance rates may increase. In the same way, the insurance companies who pay benefits are more concerned about their profit margin than your injury. They prefer paying as little as possible and will look for ways to reduce or deny your benefits.
That is why you must follow all steps carefully for submitting a claim, such as immediately reporting your injury or illness and following all treatment orders. If you give an insurance company any reason to say you have recovered or are not following their directions, they will act fast to stop your payments.
There are some valid reasons why your claim might be denied. It takes a skilled workers’ compensation lawyer to examine your claim and determine if those reasons apply to your situation. We will review the denial to see if it includes references to some common reasons, such as:
- You have a pre-existing condition that caused the injury or illness.
- You did not provide enough medical documentation or supporting evidence.
- You have reached your Maximum Medical Improvement (MMI).
- You did file your claim within the required timeframe.
- Your injuries were self-inflicted.
- You violated your employer’s code of conduct.
- You were not working when the accident occurred.
It is possible that your benefits will be denied if the company determines that you contributed to the injury by horseplay, being under the influence of alcohol or drugs, or from a fight with another employee. Our workers’ compensation attorneys will work hard to salvage your claim in every instance possible.
Common Concerns About Workers’ Compensation in New Jersey
Workers’ compensation can be complicated, and many factors affect how your claim is approved or denied. You may have questions about what happens after you submit your request for benefits. We are frequently asked the following questions::
My Employer Fired Me While I Was Out on Workers’ Comp
The Workers’ Compensation statute, NJSA 34:15-39.1, prohibits an employer from firing an employee if it is done in retaliation for filing a claim. If there are other reasons you were let go, you may still have grounds to seek a claim for unlawful termination.
If you were fired as a result of your disability, you might have a basis to seek justice for a violation of the Americans with Disabilities Act (ADA). Your workers’ compensation attorney can assist you with all these probabilities.
My Doctor Released Me for Light-Duty Work, but My Employer Says There is None
If your company cannot provide light-duty work or another job that does not risk your continuing recovery, you should continue to receive your benefits. If you are ready to work, but there is none available, you might not have to return to your job while you continue your medical care.
I Was Hurt, but My Employer Will Not Report My Injury
Employers are required to report workplace injuries and illnesses as part of the conditions for workers’ compensation insurance coverage. If they fail to do so, you can contact their insurance carrier directly. You do not have to miss out on benefits because your employer will not do the right thing.
The information about how to contact the worker’s compensation insurance carrier should be displayed prominently in your workplace. If you cannot find it, you can contact the N.J. Division of Worker’s Compensation to alert them to the situation. Our worker’s compensation attorneys can assist you with this process.
Why Should I Use Workers’ Compensation Attorneys Near Me?
Some law firms have a national presence and handle cases in many states. With The Law Office of Lloyd E. Bennett, you will work with an experienced New Jersey workers compensation lawyer who has practiced law in New Jersey since 1987.
We know the laws around workers’ compensation through and through, as a result of our experience we have insight into how the worker’s comp insurance carriers handle claims in this state. We believe in serving the people of New Jersey with compassion, honesty, and commitment.
Hire a New Jersey Workers’ Compensation Attorney Today
You need to focus on recovering from your work-related injury or illness so you can return to your job healthy and whole. Worrying about whether your workers’ comp claim will be rejected is a stress you do not need to bear.
Rely on a New Jersey workers’ compensation attorney from The Law Offices of Lloyd E. Bennett to help you secure the payments you need to pay bills while you heal. We have helped people just like you since 1987 as they face the complex workers’ compensation process.
We offer free initial consultations and services in Spanish. We are dedicated to providing compassionate legal representation in the Garden State. Start your claim with us and us help you resolve you claim. The carrier will never pay you what you are entitled without hiring counsel to assist. Use our easy online contact form to schedule your no-risk, no-obligation case evaluation today or call us at 866-761-2239.
