New Jersey Worker's Compensation Lawyers
Find Outstanding New Jersey Workers Compensation Lawyers
Just about everyone knows they must file a worker’s compensation claim with their employer within 48 hours of an incident for it to be valid. However, few realize they can also file a claim for compensation with a workers injury attorneys. This isn’t going to put the case through your employer on the line. It can’t put your job on the line either. Reach out to us and we can help you to determine if you have a case that should be pursued.
When you hire us to represent your case, we take it seriously. We will fully investigate the situation. We will work with your employer and their insurance company so you don’t have to do any of the legal aspect of the case. This allows you to focus your time and attention on healing and resting. You may not be able to return to work for some time. What they cover through yoru employer is going to only be for your medical bills and a portion of your missed wages.
There is never any cost to talk to us. Should you hire us after the consultation, there is no cost up front for you either. In fact, you will never pay us for your worker’s compensation claim unless you get a settlement. If we can’t win for you, there is never a bill sent to you. With this in mind, it is in your best interest to see if you qualify for such a case with us under New Jersey law.
Never try to take on such a role on your own. The legal process is complex and the laws can be difficult to interpret. Our clients are able to get much more money working with us than directly with the insurance company. You don’t want to have additional medical bills down the road they won’t cover because you rushed into a settlement with them.
With some of the cases we handle, there is a negligent 3rd party in the mix. The liability isn’t with the employer, it is with another vendor or entity associated with them. We are willing to investigate this and to help you get the compensation you are entitled to. The case you file with your employer can cover:
- Medical bills relating to the injury and recovery
- A percentage of lost wages until you can return to work
- Disability pay if you are permanently unable to return to work
- Death benefits if a loved one has died due to a work related injury
New Jersey Workman’s Compensation Laws
It is important to understand a worker’s compensation case in New Jersey is very different from a personal injury claim. They go through the Division of Worker’s Compensation rather than through the court system if a settlement can’t be agreed upon for the victim. All companies in New Jersey are mandated by law to pay for worker’s compensation insurance. The amount depends on the type of work and the number of employees. Some employers do get approved for exception, but they do have to offer their own insurance to cover injury claims.
The role of worker’s compensation insurance is to prevent employers from being put into a difficult financial situation if there is a claim against them. It will go to the insurance company, and not to them directly to be responsible to pay. The only exception is if the employer is knowingly putting employees at risk. If that is the case, a lawsuit can be filed.
When the injury is the result of a 3rd party such as a product or a vendor, we can assist you with a claim. The worker’s compensation claim you have in place through your employer will be a completely separate case. However, we can’t get you compensation for the same medical bills or other expenses covered by that claim. If they are paid by one, they can’t be paid by the other. Don’t worry, we will keep track of all of that on your behalf.
Are you Eligible to File a Worker’s Compensation Claim?
Anyone who works for a business in New Jersey who is hurt on the job can file a worker’s compensation claim. You may be a part time or full time employee. If you are an independent contractor and not an employee, you can’t file under worker’s compensation. The law looks at several assets to make a determination including:
- Does the employer have control over the worker?
- Does the employer supervise the worker?
- How much income is generated for the worker through that employer?
Such laws can be very tricky. You may not realize it, but even if you categorize yourself as an independent contractor, you may qualify for worker’s compensation with certain jobs. It is a good idea to reach out to us and we can help you to make that determination.
The category worker’s compensation falls under is no fault insurance. As a result, it doesn’t matter who or what caused the injury, if it happened at work, the costs involved are covered under that policy. This is different from a personal injury case where you must prove the other party was negligent and that resulted in your injuries. Even if you happen to be at fault for your own accident at work, it falls under the coverage of worker’s compensation insurance. The exception is being under the influence of drugs or alcohol at the time of the incident. If you file such a claim, there is a good chance you will be mandated to complete a drug and alcohol test.
With the no fault clause, you can’t sue your employer, even if they were negligent. This is the tradeoff that comes with a no fault clause. Even so, there are some exceptions we would like to make you aware of. The biggest one is the no fault clause only covers your employer. It isn’t extended to any 3rd parties in the mix. We can also help you to build a case if you feel your employer intentionally put you in a situation where they were negligent and it resulted in your injuries.
Understanding 3rd Party Claims with New Jersey Workers’ Compensation Lawyers
The process with a worker’s compensation claim in New Jersey with a 3rd party can be very difficult. Yet this doesn’t mean it can’t be done or that it shouldn’t be pursued. Our goal is to hold those responsible for your injuries accountable. When they know they can’t get away with it, they will change their processes that leave the chances open for someone to get hurt. You have legal rights with this type of case, and you need expert New Jersey workers’ compensation lawyers to help you navigate through the process. Some of the common types of 3rd party vendors we have successfully had cases against include:
- Property Owners
You can feel confident from the moment you bring your case to us that it is being actively looked at. We will do all we can to fully investigate the underlying factors relating to your injuries. We will work hard to prove who was at fault and to pursue compensation for you from any 3rd party we find to be liable. We have decades of such experience and we know how to handle such cases and their insurance providers.
What Types of Injurires does such a Claim Cover?
All types of injuries that occur in the work place can be covered by such a claim. We will look at the specifics of your case very closely. We can share with you what will be covered and if something won’t, we can explain the part of the law that excludes it. We want to make sure you fully understand your rights and what is being pursued.
Since New Jersey is a no fault state, many people think they can’t get or don’t need workers injury attorneys to help them with their worker’s compensation case. While no fault helps a great deal, getting the amount of money you fully deserve isn’t always easy with such stipulations. You don’t want to get a fraction of it, you need our help to ensure you can get all of it. While we can’t guarantee you will, we can certainly increase the chances it will happen. Sadly, many people who don’t hire an attorney barely get enough to get by on. They often don’t have enough to pay all of their bills.
Common Workplace Injuries and Accidents
While some work environments are deemed more dangerous than others, an accident involving an employee can happen at any type of business. The injuries can take time to heal from. Some of them are going to change your life forever. The most common types of injuries and accidents reported in New Jersey for this type of claim include:
- Repetitive motion injuries
- Slips and falls
- Being struck by falling objects or while operating machinery
- Violence by others including employees and customers
- Vehicle or pedestrian related
It can take a very long time to recover from such injuries relating to work place accidents. Sadly, some people never make a full recovery. They may not be able to return to work or to work in the same capability they did before. The loss of life is also possible with some of these accidents, and you can file a claim with us on behalf of the life of a loved one. You may not be sure if you have a case or not, but we can help you to make that determination. There is nothing to lose by talking to New Jersey workers compensation lawyers, but there may be plenty for you to gain.
What to do After being Injured at Work
While you can’t prevent many work place accidents from taking place, taking appropriate action afterwards is very important. Report the incident to your supervisor immediately, no matter how small you think it may be at the time. You have 14 days to report it, but the sooner you do so the better it looks. You don’t want them investigating to see if the issue really did happen at work. If you would like to go to the doctor or the emergency room at that time, ask to do so.
You may not be able to drive yourself due to the extent of your injuries. We don’t advise driving yourself as you may not be able to focus well enough on the road to be behind the wheel. If your employer won’t offer someone to drive you to get medical care, ask for an ambulance to be called to take you to the hospital. Make sure you complete all necessary paperwork for the claim as soon as possible. Reach out to us as soon as you can too so we can let you know what we feel you can do to pursue a case.
Some employees worry about filing such a case, and they don’t want to get their employer into trouble or a financial mess. Your employer is required by New Jersey law to pay worker’s compensation insurance premiums. They have to continue to pay those premiums even when no claims are filed. You will be getting compensation from their insurance provider, not them directly. The exception is if they are a self-insurance company with an approved exemption by the state of New Jersey.
Will all Medical Care be Covered with Worker’s Compensation?
When you have an injury on the job, you have the right to seek the best medical care. This may include going to the emergency room, going to an urgent care facility, or going to see a doctor. It all depends on the level of injuries and the severity of the situation. If you are in a great deal of pain, don’t take any chances.
All of these types of medical costs should be covered by the worker’s compensation insurance. Other costs that may be necessary for your care that can be included are:
- Follow up doctor's appointments
- Diagnostic Tests
- Physical Therapy
- Rehab Services
You won’t be able to see your own doctor. You will have to see one that is approved by the New Jersey Worker’s Compensation. The state is in control of that because they are responsible to pay those bills. You must get it approved or you may be liable to pay those medical bills out of your ow pocket due to them not being authorized.
How much can I get with Worker’s Compensation?
Your payments through worker’s compensation will generally be about 70% of your wages. This can result in your financial situation being in a tight squeeze. All of a sudden, your take home income is 30% less than it used to be. If that were to happen to you today, would you be fine? Most households aren’t able to say yes to that question. This is one more reason we urge you to find out with us if you qualify for a 3rd party claim on top of it.
You do have up to two years to file such a claim, but so much information can get lost and be hard to find after that time. We encourage you to reach out to us as soon as you can so we have every chance to gather all of the information to build a solid case for you. Don’t worry, your employer can’t fire you for filing such a claim or punish you in any way.
We are dedicated to helping workers just like you to get the compensation they deserve. This is why we don’t charge you anything to work with us. There is no payment to us until you get a settlement. We will stand beside you every step of the way to ensure you get the help you need and the benefits you are entitled to if you are hurt on the job.