If you are hurt at work, are you entitled to workers’ compensation?
How do you know if an employer has workers’ compensation insurance?
What kind of workers’ compensation benefits can be collected by injured workers and employees in New Jersey?
What if an injured worker’s employer refuses to report a workers’ compensation claim?
What if there is a dispute about whether the injured worker is entitled to workers’ compensation insurance?
How long do you have to be out of work before you are eligible for workers’ compensation insurance?
What if an injured worker does not like the doctor provided by the company’s insurance carrier?
What is the time limit for filing a claim with the New Jersey Division of Workers’ Compensation?
Can an employer terminate an injured worker while he or she is out of work and receiving workers’ compensation?
Can an injured employee who is receiving workers’ compensation payments file a lawsuit against an employer to recover additional compensation?
If you are hurt at work, are you entitled to workers’ compensation?
Generally, yes. If you are injured on the job, you should inform your employer, supervisor or human resources office as soon as possible. The notice does not have to be in writing, although a written notice is advisable. If medical treatment is necessary, you should ask your employer to provide it. Be aware that under New Jersey’s workers’ compensation law, the employer may select the treating doctor.
An employee or the worker’s dependents may collect workers’ compensation benefits for an employment-related injury or a worker’s death regardless of who is at fault.
Your employer’s workers’ compensation insurance carrier will investigate the claim and make a decision about your eligibility to receive workers’ comp benefits. If you disagree with the decision, you have a right to file a claim with the New Jersey Division of Workers’ Compensation and request a hearing. An experienced New Jersey accident lawyer or NJ personal injury attorney who handles workers’ compensation claims can help you file a claim. Although with few exceptions, you cannot sue your employer for pain and suffering, you can still bring a lawsuit against others who may have caused your injuries. This is called a third party claim.
The skilled attorneys at Davis, Saperstein & Salomon, P.C., have focused their legal talents on assisting people seriously injured through the carelessness of others. Our law firm is highly respected throughout New Jersey for the quality of the counsel and legal representation that our NJ personal injury attorneys provide.
We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases including automobile accidents, motorcycle accidents, trucking accidents, pedestrian accidents and other kinds of personal injury accidents.
Call our New Jersey workers’ compensation lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation.
Home and Hospital Consultations Available — No Fee if No Recovery.
How do you know if an employer has workers’ compensation insurance?
New Jersey employers are required to carry an insurance policy that provides workers’ compensation insurance or have an approved self-insurance plan. The proof of coverage of workers’ compensation insurance should be displayed prominently in the workplace. It is often displayed in the personnel office or human resources office. To verify an employer’s coverage, you may obtain information by writing the Compensation Rating & Inspection Bureau at 60 Park Place, Newark, NJ 07102 or by visiting the bureau’s website.
If a worker is injured while working for an uninsured employer, he or she can apply for medical and temporary disability benefits from the Uninsured Employers Fund. An injured worker may wish to hire an experienced New Jersey accident lawyer or a NJ injury attorney to assist in the claims petition process. A hearing may be held. If a judge finds that the employer has failed to provide required workers’ compensation coverage, the judge will penalize the employer for non-compliance and enter an order for compensation. The injured worker’s NJ accident lawyer or personal injury attorney makes an application to the Uninsured Employers Fund and the worker receives payment of temporary disability and medical expenses in the judge’s order.
The law firm of Davis, Saperstein & Salomon, P.C. is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our NJ workers’ compensation lawyers provide. The focus of our practice is representing people who were injured in accidents through the negligence of others. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases including medical malpractice, defective drugs, automobile accidents, motorcycle accidents, and other kinds of personal injury accidents. We have obtained millions of dollars in settlements, verdicts and workers’ compensation claims on behalf of our clients.
Call our New Jersey workers’ compensation lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation.
Home and Hospital Consultations Available — No Fee if No Recovery.
What kind of workers’ compensation benefits can be collected by injured workers and employees in New Jersey?
An injured worker is entitled to receive payment of necessary medical care including doctor’s visits, hospital stays and prescriptions, temporary disability benefits to cover wages lost during the period of disability and benefits for a documented permanent disability. An injured worker is entitled to benefits regardless of who was at fault in the accident. The temporary disability benefits are calculated at 70 percent of the worker’s average weekly wages, with a floor and ceiling on minimum and maximum rates. For 2011, the minimum rate is $211 per week, while the maximum rate is $792 per week. This benefit is provided while the worker is unable to work and under active medical care. Workers’ compensation benefits are the same whether the injured worker is in Newark, Jersey City, Paterson, Paramus, Elizabeth,Trenton or anywhere in New Jersey.
The employer’s insurance carrier may provide the benefits voluntarily, or the injured worker may have to apply to the Workers’ Compensation Court for relief. It’s best to have a New Jersey workers’ compensation lawyer assist you with this. Benefits usually continue until a doctor releases the worker to go back to work or the injured employee has reached maximum recovery. This is known as maximum medical improvement, meaning that additional treatment and therapy will not cause further improvement.
The skilled attorneys at Davis, Saperstein & Salomon, P.C. have focused their legal talents on assisting people seriously injured through the carelessness of others. Our law firm is highly respected throughout New Jersey for the quality of the counsel and legal representation that our NJ workers’ compensation attorneys provide. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases including automobile accidents, motorcycle accidents, trucking accidents, pedestrian accidents and other kinds of personal injury accidents.
Call our New Jersey workers’ compensation lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation.
Home and Hospital Consultations Available — No Fee if No Recovery.
What if an injured worker’s employer refuses to report a workers’ compensation claim?
An employer should notify its insurance carrier immediately when informed of an employee accident. If the employer refuses to take that step, the worker should seek the services of a New Jersey workers’ compensation attorney to file a formal workers’ compensation claim. The attorney can move for medical and temporary benefits. An injured worker may 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’d be best served to have an experienced New Jersey workers’ compensation lawyer represent you. A skilled NJ personal injury attorney who handles workers’ compensation claims is best qualified to advocate for your legal rights, whether you are in Newark, Jersey City, Paterson, Paramus or Hoboken.
The law firm of Davis, Saperstein & Salomon, P.C. is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our NJ personal injury lawyers provide. The focus of our practice is representing people who were injured in accidents through the negligence of others. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases including medical malpractice, defective drugs, automobile accidents, motorcycle accidents, and other kinds of personal injury accidents. We have obtained millions of dollars in settlements, verdicts and workers’ compensation claims on behalf of our clients.
Call our New Jersey workers’ compensation lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation.
Home and Hospital Consultations Available — No Fee if No Recovery.
What if there is a dispute about whether the injured worker is entitled to workers’ compensation insurance?
Sometimes, a dispute occurs about whether an injury or illness was work-related. Disputes may also arise about the type of medical care or the payment of temporary disability benefits. When there is a dispute about entitlement to workers’ compensation benefits, the state of 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.
The injured worker may file a claim petition or an application for an informal hearing with the Division of Worker’s Compensation. The employee, employer or insurance company may request an informal hearing before a judge to try to sort out issues such as temporary benefits and medical benefits or the extent of disability. The employer’s insurance company typically provides a lawyer to defend the employer’s legal interests. Workers should hire an experienced NJ workers’ compensation lawyer or a New Jersey personal injury attorney to guide them through the claims process and advocate for their best interests.
The skilled attorneys at Davis, Saperstein & Salomon, P.C., have focused their legal talents on assisting people seriously injured through the carelessness of others. Our law firm is highly respected throughout New Jersey for the quality of the counsel and legal representation that our NJ personal injury attorneys provide. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases including automobile accidents, motorcycle accidents, trucking accidents, pedestrian accidents and other kinds of personal injury accidents.
Call our New Jersey workers’ compensation lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation.
Home and Hospital Consultations Available — No Fee if No Recovery.
How long do you have to be out of work before you are eligible for workers’ compensation insurance?
According to New Jersey law, 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 receive temporary disability benefits. If your employer delays denial of your claim for an unreasonably long time (more than 30 days), the employer may be liable to you for an additional 25 percent of the amount owed.
The law firm of Davis, Saperstein & Salomon, P.C. is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our NJ personal injury lawyers provide. The focus of our practice is representing people who were injured in accidents through the negligence of others. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases including medical malpractice, defective drugs, automobile accidents, motorcycle accidents, and other kinds of personal injury accidents. We have obtained millions of dollars in settlements, verdicts and workers’ compensation claims on behalf of our clients.
Call our New Jersey workers’ compensation lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation.
Home and Hospital Consultations Available — No Fee if No Recovery.
What if an injured worker does not like the doctor provided by the company’s insurance carrier?
Under New Jersey law, the employer has the legal authority to choose the health care providers for an injured worker. If the employer refuses to pay for medical services and tests necessary to cure the injury or disease and restore the injured worker to health, the employee may get a court order forcing the employer to pay for benefits by filing a motion for medical or temporary disability benefits. These filings 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.
To collect the full benefits including the maximum compensation, it’s important to hire an experienced New Jersey workers’ compensation lawyer to stand up for you. Your cases will be assigned to a district office based on where you live.
The skilled workers’ compensation attorneys at Davis, Saperstein & Salomon, P.C. have focused their legal talents on assisting people seriously injured through the carelessness of others. Our law firm is highly respected throughout New Jersey for the quality of the counsel and legal representation that our NJ personal injury attorneys provide. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases including automobile accidents, motorcycle accidents, trucking accidents, pedestrian accidents and other kinds of personal injury accidents.
Call our New Jersey workers’ compensation lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation.
Home and Hospital Consultations Available — No Fee if No Recovery.
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. Compensation includes medical treatment authorized by the employer. 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 on the county of residence of the injured worker. If the worker lives out of state, the case is assigned to the county of employment. It is important to hire an experienced and knowledgeable New Jersey workers’ compensation attorney or NJ personal injury lawyer during the formal claims process.
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
- Mt. Arlington – Sussex and Warren County
- Atlantic City – Atlantic County
The law firm of Davis, Saperstein & Salomon, P.C. is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our NJ personal injury lawyers who represent injured people provide. The focus of our practice is representing people who were injured on-the-job. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases involving on-the-job injuries from automobile or truck accidents, construction accidents, falls, worksite injuries, scaffold falls, machine accidents, toxic poisoning, asbestos and mesothelioma, lifting accidents causing back injuries or neck injuries and other kinds of personal injury accidents. We have obtained millions of dollars in settlements, verdicts and workers’ compensation claims on behalf of our clients.
Call our New Jersey workers’ compensation lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation.
Home and Hospital Consultations Available — No Fee if No Recovery.
Can an employer terminate an injured worker while he or she is out of work and receiving workers’ compensation?
New Jersey’s workers’ compensation law prohibits employers from firing an injured worker as retaliation for filing a workers’ compensation claim or testifying at a workers’ compensation hearing. But an employer may dismiss an employee for other reasons. If you feel that 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 or a CEPA claim.
It’s a good idea to consult a knowledgeable New Jersey personal injury lawyer who is knowledgeable about workers’ compensation claims. You need a skilled NJ workers’ compensation lawyer standing up for you at any hearing regarding unlawful termination or discriminatory firing.
The skilled attorneys at Davis, Saperstein & Salomon, P.C., have focused their legal talents on assisting people seriously injured through the carelessness of others. Our law firm is highly respected throughout New Jersey for the quality of the counsel and legal representation that our NJ personal injury attorneys provide. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases including automobile accidents, motorcycle accidents, trucking accidents, pedestrian accidents and other kinds of personal injury accidents.
Call our New Jersey workers’ compensation lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation.
Home and Hospital Consultations Available — No Fee if No Recovery.
Can an injured employee who is receiving workers’ compensation payments file a lawsuit against an employer to recover additional compensation?
New Jersey employers pay injured workers’ medical bills and compensation in exchange for a promise that the worker will not seek additional recovery beyond the amounts provided by the workers’ compensation laws. In most cases, an injured worker cannot bring a legal action against their employer. But under certain circumstances, if an employer removes safety guards on dangerous machinery, presses or extruding machinery, or if an employer orders an employee to do something dangerous which is considered reckless conduct or gross negligence, then an employee may be able to bring a direct claim for money damages against their employer.
The injured worker may also be able to bring a civil lawsuit against a third party who contributed to the work-related accident. It’s important to consult an experienced New Jersey workers’ compensation lawyer or NJ accident attorney to discuss your options and rights under NJ workers’ compensation statutes.
The skilled attorneys at Davis, Saperstein & Salomon, P.C. know how to present a compelling workers’ compensation claim. We have obtained millions of dollars in settlements and verdicts on behalf of our personal injury clients. The focus of our practice is representing people who were injured on-the-job.
Call our New Jersey workers’ compensation lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation.
Home and Hospital Consultations Available — No Fee if No Recovery.
Our workers’ compensation attorneys represent clients all over New Jersey and the metropolitan area including, but not limited to: Newark, Jersey City, Paterson, Elizabeth, Edison, Toms River, Trenton, Clifton, Camden, Brick Township, Woodbridge Township, Bergen Co., Middlesex Co., Somerset Co., Warren Co., Sussex Co., Monmouth Co., Mercer Co., Ocean Co., Hudson Co., Passaic Co., Essex Co., Union Co., Morris Co., Teaneck, Fort Lee, Paramus, Hackensack, Hoboken, Secaucus, Englewood, Mahwah, Bergenfield, Union City, North Bergen, Ridgewood, Bayonne, Ridgefield, Belleville, Alpine, New Milford and Atlantic City. We also handle claims from New York in Manhattan, Queens, Brooklyn, Kings County, Richmond County and New York City.
Call our New Jersey workers’ compensation lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation.
Home and Hospital Consultations Available — No Fee if No Recovery.
