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Our New Jersey Workers' Compensation Lawyers Are Here for You

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Workplace health and safety have improved over the years. Still, no occupation in New Jersey is entirely free from accidents, injuries, or illnesses.

If you are a New Jersey worker who has been injured or become ill on the job, you may be entitled to workers’ compensation benefits or compensation through a third-party liability claim. You may be able to recover money to cover your medical bills and the wages you have lost because of a temporary or permanent disability.

Image of a workerA New Jersey workers’ comp lawyer at Davis, Saperstein & Salomon, P.C., can review your case and discuss your options. Since 1981, we have been helping injured and ill workers across Bergen County obtain benefits and funds to cover their losses.  You will pay no legal fees until your case has been successfully settled.

Call us today at (800) LAW-2000 or use our online form. Our initial consultations are free.

What is Workers’ Compensation?

Worker’s compensation is a state-mandated insurance program that provides a critical safety net for employees who suffer job-related injuries or illnesses. This system ensures that workers receive medical care and wage replacement benefits, while in return, employers are generally protected from lawsuits by their injured employees.

In essence, worker’s compensation operates as a no-fault system. This means that an injured employee does not need to prove that their employer was negligent to receive benefits.The focus is on the injury or illness being directly related to the employee’s job duties.

What is the 26 week rule for workers’ comp in NJ?

The 26-week timeframe also serves as a critical waiting period before a final determination of permanent disability can be made. According to New Jersey statute (N.J.S.A. 34:15-16), a permanent disability award cannot be determined until 26 weeks have passed from the date of the employee’s:

  • Final active medical treatment, or
  • Return to work, whichever is later.

This period allows for the employee’s medical condition to stabilize, ensuring that any assessment of a permanent impairment is accurate and reflects the long-term impact of the injury. This is to avoid prematurely judging the extent of a disability before the full effects are known. An exception to this waiting period exists for straightforward cases such as amputations or the loss of an eye.

Do You Need to Prove Fault to Collect Workers’ Comp Benefits in New Jersey?

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If you have been injured or fallen ill at your workplace in New Jersey, the two main options for securing the money you need to carry on with your life are:

  • Filing a workers’ compensation claim Several different types of benefits are available. It depends on the nature of your illness or injury. To collect benefits, you do not need to prove fault. So, it does not matter if you, a co-worker, or your employer caused your condition. However, these claims involve strict filing requirements and deadlines. In some cases, they may involve a hearing.
  • Filing a third-party liability claim Under the exclusive remedy doctrine, you are barred from pursuing a personal injury lawsuit claiming negligence against your employer if you recover workers’ compensation benefits. However, you can still pursue a liability claim against any non-employer third party who is responsible for your injury or illness such as a property owner or landlord. To prevail, you must prove fault.
Are you ready to discuss your case? Contact us now to set up a free consultation.
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Free New Jersey Workers’ Compensation Guide

If you’ve been injured while on the job, it’s important to know your rights as an injured worker and the next steps to take. Download our Getting the Benefits You Deserve: Everything You Need to Know About Your Workers’ Compensation Claim today for more information.

Request a Copy of our Workers’ Comp Ebook

Types of Workers’ Compensation Benefits Available in New Jersey

Workers’ comp is an insurance program. It provides benefits to employees who suffer job-related injuries or illnesses. New Jersey was one of the first states in the country to offer such a program. Today, nearly every state in the country provides workers’ compensation benefits.

New Jersey workers’ comp benefits are classified as:

  • Medical symbol

    Medical Benefits – These benefits cover all medical treatment that is necessary “to cure and relieve” the effects of your workplace injury or illness, including emergency care and rehabilitation. The employer’s liability ceases after $50. So, you must petition for medical expenses beyond that amount. The employer may choose a physician to provide treatment and may reject paying medical bills if your physician is unauthorized.

  • Receiving money icon

    Temporary Total Disability Benefits – These benefits cover 70 percent of your gross weekly wage (the amount before deductions) subject to a maximum amount and a minimum amount if your injury or illness prevents you from working. You can receive weekly payments until you have reached “maximum medical improvement,” but for no more than 400 weeks.

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    Permanent Disability Benefits – These benefits provide up to 70 percent of your gross weekly wage. They fall under two categories:

    • Permanent Partial Disability Benefits – Where your disability prevents you from ever working again at full capacity. Payments can last for up to 600 weeks or an amount that is set by statute. If you have suffered an amputation, an additional 30 percent may be added to the award.
    • Permanent Total Disability Benefits – Where you cannot work again because of the injury or illness you suffered on the job. You can receive weekly payments for up to 450 weeks or, in some cases, for life.
  • Tomb icon

    Death Benefits – These benefits are available to survivors of a deceased worker. They may pay for all funeral expenses and cover up to 70 percent of the worker’s average weekly wage. Payments to the worker’s dependents may last for up to 450 weeks or until the dependent turns 18 (or 23 if enrolled as a full-time student). A widow or widower may receive benefits beyond 450 weeks (provided they do not remarry).

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    Vocational Benefits: If an employee is unable to return to their previous job due to their injuries, worker’s compensation may cover the costs of vocational rehabilitation services. This can include job retraining, career counseling, and assistance with finding a new job.

What Does Worker’s Compensation Cover?

You now know the benfits provided through workmans comp, but what type of injuries are covered? 

  • Traumatic Injuries: These are injuries that result from a specific, sudden event. Examples include falls, cuts, burns, and injuries from machinery.
  • Repetitive Stress Injuries: These develop over time due to the repetitive nature of certain job tasks. Carpal tunnel syndrome, tendonitis, and certain back problems are common examples.
  • Occupational Illnesses: These are diseases or conditions that are caused by exposure to hazardous substances or conditions in the workplace. This can include lung diseases from inhaling toxic fumes, skin conditions from chemical contact, or hearing loss from excessive noise.

Causes of Workplace Injuries

Workplace injuries typically stem from a few common types of incidents. The most frequent causes are:

  • Overexertion and Bodily Reaction: This is the leading cause of non-fatal injuries. It includes sprains and strains from lifting, pushing, pulling, or repetitive motions.
  • Slips, Trips, and Falls: A major cause of injury, this includes falls on wet floors or cluttered areas, as well as more severe falls from ladders, roofs, or scaffolding.
  • Contact with Objects and Equipment: This involves being struck by a falling item, getting caught in machinery, or being crushed or compressed by equipment or objects.
  • Exposure to Harmful Substances: This includes injuries from contact with hazardous chemicals, exposure to extreme temperatures, or airborne illnesses.

If you have been hurt on job due to one of the above, or other, factors, get legal help.

Get Legal Help From Our Workers’ Comp Attorneys Near You In NJ

Quick Call with Garry Salomon: Workers’ Comp & 3rd-Party Cases
Quick Call with Garry Salomon: Workers’ Comp & 3rd-Party Cases

Davis, Saperstein & Salomon, P.C., is available to review the facts of your job-related accident and help you to determine fault and available compensation for you and your family.

We have experience with investigating claims that involve common workplace accidents and workplace injuries. We can consult with a vast network of experts to develop your case and secure the benefits you need and deserve.

To learn more, call us today at (800) LAW-2000 or use our online form. We can provide a free initial consultation for anyone looking for a New Jersey workers’ compensation attorney, including meeting in your home or hospital room if necessary. We charge no fee until there is a recovery for you and your family.

Contact a NJ workmans’ comp lawyer today.

If you have been injured in a job, contact our law firm, Davis, Saperstein & Salomon, P.C. We serve in Bergen County, Newark, Elizabeth, Paterson, and Trenton from our Teaneck and New York offices.


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Workers’ Compensation

I have been hurt in an accident at work. Am I entitled to workers’ compensation?

Most people who are employed in New Jersey are covered by workers’ compensation insurance, which pays benefits for job-related injuries, illnesses or death. But obtaining workers’ compensation can be a complicated process.

An employee or a deceased worker’s dependents are eligible for workers’ compensation benefits for an employment-related injury or a worker’s death – regardless of who is at fault.

If you are injured on the job, you should inform your employer, supervisor or human resources office as soon as possible. If medical treatment is necessary, your employer may select the treating doctor.

Your employer’s workers’ compensation insurance carrier will investigate the claim and make a decision about your eligibility for workers’ compensation benefits.

If your claim is denied or if you disagree with the amount of the benefit provided, you have a right to file a claim with the New Jersey Division of Workers’ Compensation and request a hearing. This is the first of several levels of appeal that are available to you.

Appealing the decision in a disputed workers’ compensation claim requires compiling evidence and refuting claims made by your employer against you or your claim. This is the work an experienced New Jersey workers’ compensation attorney can do for you.

How do I know whether my employer has workers’ compensation insurance?

All New Jersey employers are required to carry an insurance policy that provides workers’ compensation benefits or to have an approved self-insurance plan.

Your employer should prominently display proof of workers’ compensation insurance coverage somewhere in the workplace. It is often displayed in the human resources office. You can also obtain information by contacting the Compensation Rating & Inspection Bureau in Newark.

If your employer doesn’t have workers’ compensation insurance, you can file a formal claim petition seeking medical expense and temporary disability benefits from the Uninsured Employers Fund. The UEF would pursue a hearing in which a judge would penalize your employer for non-compliance and enter an order for compensation to you.

Upon application by your workers’ compensation attorney, the UEF is to pay the temporary disability benefits and medical expenses included in the judge’s order.

What kind of workers’ compensation benefits can I obtain in New Jersey?

New Jersey workers’ compensation benefits include repayment of medical expenses, payments to cover a portion of lost wages or salary or a death benefit to immediate family members of a worker who dies from a job-related accident, injury or illness.

Workers’ compensation is a no-fault insurance program. An injured worker is entitled to benefits regardless of who was at fault.

Medical benefits are to pay for all care related to the worker’s occupational injury or illness, including doctor’s visits, hospital stays, surgery and its associated costs, prescriptions, rehabilitation therapy and assistive devices.

Payments for lost wages are either temporary disability benefits, permanent partial disability benefits or permanent total disability benefits. These benefits can replace a portion of your lost wages.

A death benefit includes funeral expenses and wage-loss payments to the surviving spouse and natural children (or other proven dependents) that were a part of a deceased worker’s household at the time of death.

What if an injured worker’s employer refuses to report a workers’ compensation claim?

An employer should notify its workers’ compensation insurance carrier immediately when informed that an employee has been injured in an accident. If the employer refuses to take that step, the worker should seek the services of a New Jersey workers’ compensation attorney right away.

An injured worker can file either an application for an informal hearing or a formal claim petition with the Division of Workers’ Compensation.

Either way, if you file a claim, you would be best served to hire an experienced lawyer to represent you. After all, if your employer has refused to report your injury, it is likely they will dispute your claim.

My employer claims I am not entitled to workers’ compensation insurance. Is there anything I can do about this?

Disputes about workers’ compensation claims are not uncommon. Your employer has incentive to dispute your claim for benefits.

Employers pay for workers’ compensation claims through insurance policies. Payouts result in higher premiums. So, a smaller payout is less expensive for your employer in the long run.

Sometimes, an employer will deny an employee’s injury or illness was work-related. Disputes may also arise about the type of medical care the employee should receive. The employer may argue for the employee to return to work faster so disability benefits will end.

When there is a dispute about entitlement to workers’ compensation benefits, the New Jersey’s Division of Workers’ Compensation provides an impartial forum to mediate and, if necessary, make a judicial decision about the worker’s eligibility for benefits.

Your employer’s insurance company will most likely provide a lawyer to argue against your claim and defend your employer’s (and the insurer’s) financial interests. You should hire an experienced NJ workers’ compensation lawyer to protect your interests.

How long do I have to be out of work before I am eligible for workers’ compensation benefits?

If you miss a week of work because of your job-related injury, you should be able to obtain temporary disability benefits through workers’ compensation insurance. You may qualify for other benefits regardless of work time lost.

In New Jersey, an injured worker must be unable to work for seven days (including weekends and holidays) before being eligible for temporary disability benefits. The benefits are then retroactive to the date of the injury. The days of missed work do not have to be consecutive.

It typically takes two weeks to begin to receive temporary disability benefits. Your employer may delay your claim for an unreasonably long time (more than 30 days). If so, the employer may need to pay an additional 25 percent of the amount it owes to you.

There is no minimum out-of-work time necessary to receive medical benefits. You should be able to make a claim and receive these payments regardless of how long you were out of work for your injury.

What if I don’t like the doctor my company’s workers’ comp insurance carrier has sent me to?

Unfortunately, there is little you can do about seeing your employer’s or insurance carrier’s chosen doctor. But, you are not totally stuck with that doctor.

Under New Jersey law, the employer has the legal authority to choose the health care providers for an injured worker who is making a workers’ compensation claim. You must see this provider as directed and follow their instructions, or you could jeopardize your claim.

You can still see another doctor of your own choice. This may be of comfort to you if you have a family doctor or someone you normally see. Getting a second opinion is also an option if the physician your employer sends you to provides a diagnosis that you disagree with.

For example, the insurer’s doctor may release you to return to work before you or your doctor think you are ready.

With a second doctor’s opinion, you could dispute a release to return to work, which would end your temporary disability payments for lost salary or wages.

If the employer refuses to provide medical services necessary to treat your injury or disease, you could seek a court order forcing the employer to pay for benefits. These cases are given priority because of the urgency of receiving medical attention. They are scheduled for a hearing within 30 days of the filing of a motion.

What is the time limit for filing a claim with the New Jersey Division of Workers’ Compensation?

A workers’ compensation claim petition must be filed within two years of the date of injury or the last payment of compensation, whichever is later. Missing a deadline could terminate your claim and opportunity to obtain benefits.

In cases of work-related disease or occupational illness, such as mesothelioma or lead poisoning, the claim petition must be filed within two years of when the worker became aware of the condition and its link to employment.

Workers’ compensation cases are usually assigned to the district office based in the county of residence of the injured worker. If the worker lives out of state, the case is assigned to the county of employment.

New Jersey’s District Offices are:

  • Hackensack – Bergen County
  • Paterson – Passaic County
  • Newark – Essex County
  • Jersey City – Hudson County
  • Elizabeth – Union County
  • New Brunswick – Middlesex County
  • Arlington – Sussex, Morris and part of Warren County
  • Atlantic City – Atlantic and Cape May County
  • Bridgeton – Cumberland and Salem County
  • Camden – Camden and Gloucester County
  • Freehold – Monmouth County
  • Lebanon – Somerset, Hunterdon and part of Warren County
  • Mount Holly – Burlington County
  • Toms River – Ocean County
  • Trenton – Mercer County

Hiring an experienced and knowledgeable New Jersey workers’ compensation attorney as soon as possible after a workplace injury can help ensure that all required forms are filed and that you meet all deadlines of the claims process.

Can an employer terminate an injured worker while he or she is out of work and receiving workers’ compensation?

Termination of employment is not legal. Employees in New Jersey have rights against retaliation for seeking workers’ compensation benefits.

If you believe you were terminated in retaliation for claiming workers’ compensation benefits or because of your disability, you may file a complaint against your former employer with the NJ Division of Workers’ Compensation.

If you prevail, the law provides for restoration of your job and payment of lost wages. But you must be ready and able to perform the duties of your job again.

You may also have a legal claim under the Americans with Disabilities Act (ADA) or a CEPA (Conscientious Employee Protection Act or “whistleblower”) claim.

A New Jersey personal injury lawyer who is knowledgeable about workers’ compensation claims can assist you if you are actually the target of retaliation because of your workers’ compensation claim.

I’m receiving workers’ compensation payments for a jobsite injury. Can I file a lawsuit against my employer to recover additional compensation?

By accepting workers’ compensation benefits, you have agreed to not sue your employer for causing your injury. But, if your employer’s egregious conduct caused your injury, you might have a claim. There may also be others who can be held liable for your injuries.

New Jersey law says that employers who pay injured workers’ medical bills and compensation for lost wages will not be subjected to legal claims for additional recovery.

But if an employer acts with an intent to injure or a substantial certainty of injury, like removing safety guards from dangerous machinery or ordering an employee to do something more dangerous than their normal job duties, then an employee may be able to bring a direct claim for money damages against their employer.

An injured worker can also bring a civil lawsuit against a third party that contributed to their work-related accident.

For example, a subcontractor on your job site would not be protected if they caused your injury because they are not your employer. Or if a flaw in a piece of equipment or machinery caused the accident that injured you, the manufacturer might be liable in a third-party dangerous and defective products claim.

Can I sue if I was injured in a company vehicle?

Yes. You may have both a workers’ comp claim and a third-party lawsuit. If you are injured in a company vehicle, your employer’s workers’ compensation carrier will select your treating physicians.

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