Princeton Workers’ Compensation Lawyer

All workers in Princeton, New Jersey, deserve safe working conditions. When injuries occur, workers’ compensation can provide essential coverage for the worker’s lost wages and medical costs, regardless of who is at fault. While workers’ compensation offers necessary relief to injured workers, navigating the process is much more complicated than it should be. Many workers’ compensation benefits administrators will attempt to downplay your injuries or find excuses to deny or limit your benefits. 

If you’re looking for help after a Princeton workplace injury, you’ve come to the right place. We can help you navigate your workers’ comp claim and help you figure out if there are other forms of compensation you could be entitled to through a third-party claim. 

Why Choose Our Princeton Workers’ Compensation Attorneys?

At Davis, Saperstein & Salomon, P.C., we have been assisting injured and ill workers in Princeton and throughout New Jersey for over 40 years. To date, we have recovered over $1 billion for injured individuals and families across New York and New Jersey, including those who suffered on-the-job injuries. 

In one case, we recovered a $266,898.70 workers’ comp settlement for a man who sustained a back injury while lifting boxes. In another case, we helped a client recover $1.32 million after he fell from a ladder and sustained multiple fractures and disabilities.

Beyond workers’ comp, we’ve had success suing employers who were negligent in the accidents that caused their employees serious injuries. This includes a $1.3 million verdict for a man injured in a workplace explosion and a $850,000 settlement for a construction worker who fell on loose debris.

Join the 35,000 individuals and families who have come to our firm for help by contacting us to schedule a free consultation. You don’t owe any fees unless we help you recover money for your injuries. We’re happy to meet with you in person or online via FaceTime or Zoom. If English is not your preferred language, that’s no problem. We offer translation services in Spanish, Russian, Polish, Portuguese, Korean, and several other languages. 

What Is Workers’ Compensation?

Workers’ compensation is a no-fault, employer-paid insurance program intended to provide comprehensive medical care for employees who are injured on the job. In New Jersey, workers’ compensation benefits include immediate medical treatment for injury and rehabilitative care, wage replacement (a fraction of your weekly earnings while you’re out of work on workers’ comp), and permanent disability compensation for workers who are disabled because of their workplace injury.

If someone passes away because of a workplace injury or illness, then NJ workers’ compensation pays death benefits to their surviving dependents.  

Benefits are defined in the New Jersey Workers’ Compensation Act and administered by the Division of Workers’ Compensation. Employees receive benefits no matter who was at fault for the injury, as long as the employee qualifies to receive them. However, in exchange for the guaranteed workers’ comp benefits, NJ workers’ compensation laws prohibit injured workers from bringing a lawsuit against their employer, with some exceptions.

Types of Workers’ Compensation Benefits

New Jersey workers’ compensation law sets forth the following types of benefits for injured employees:

• Medical Benefits – This includes all reasonable and medically necessary treatment for the injury or illness, hospitalization, and prescription medication. The law stipulates that employers have the right to designate the medical care providers that employees use for the treatment of work-related injuries.
• Temporary Total Disability Benefits – If the injured employee is disabled and unable to work for more than seven days, they are eligible for temporary total benefits. This is the equivalent of 70 percent of their average weekly wage, although NJ sets minimum and maximum amounts. The benefit is retroactive to the first day of missed work if the employee is out for at least seven days. Employees may receive these benefits until they return to work or for 400 weeks, whichever comes first.
• Permanent Partial Disability Benefits – If the worker suffers a permanent bodily disability or impairment to a portion of their body, they may be eligible for this benefit. The amount the employee receives is based on their functional loss (the degree of disability or the part of the body in which they have a functional loss). The benefits are paid weekly and kick in once the temporary disability benefits cease.
• Permanent Total Disability Benefits – If you are injured to the point where you cannot secure gainful employment, you may be eligible for permanent total disability benefits. The initial benefits period is 450 weeks, and the benefit is paid weekly. If you can demonstrate that you remain totally disabled after the 450-week period ends, the benefits may continue. The amount is still 70 percent of your weekly wage; the statutory minimum and maximum amounts apply. You may be required to have medical evaluations at certain intervals to prove that you are still disabled to the point where you cannot work.
• Death Benefits – These are paid to the eligible family members of an employee who dies as a result of a workplace injury or occupational disease. The benefits cover funeral expenses up to $3,500. A weekly wage benefit (equivalent to 70 percent of the deceased worker’s average weekly wage) is provided for surviving dependents for up to 450 weeks.

New Jersey Workers’ Compensation Laws

NJ workers’ comp laws are covered under the New Jersey Workers’ Compensation Act. Almost all New Jersey employers are required to carry workers’ comp insurance, except for federal government agencies and sole proprietorships with no employees other than the principal owner.

If an employer does not have workers’ compensation insurance, they’re subject to heavy fines. The employer may also open themselves up to liability, as the injured worker may have the right to file a lawsuit against them for compensation for their work-related injuries.

The laws don’t just set forth requirements for employers. They also outline an employee’s obligations to receive or continue receiving benefits.

Requirements for Workers’ Comp in New Jersey

New Jersey requires almost all employers to carry workers’ comp insurance. This includes corporations, LLCs, and sole proprietorships with at least one employee other than the primary owner working for the business. The insurance should cover all reasonable medical care the employee requires.

However, not every injury is covered by workers’ compensation. Some exclusions include:

• If the employee was under the influence of drugs or alcohol at the time they were injured, the worker isn’t eligible for workers’ comp benefits.
• If the employee wasn’t following proper safety procedures and got hurt, they may not be covered.
• If the employee was engaging in horseplay or acting unsafely or irresponsibly, then their employer can deny benefits.

These may not be the only reasons an employer may deny your claim. In addition, your idea (or your doctor’s) of what treatments are medically necessary may differ from the employer’s workers’ comp insurance company’s idea of what is medically necessary. Some workers may struggle to obtain comprehensive medical coverage. An attorney can argue your side of the story if your employer or workers’ comp benefits administrator argues that you don’t deserve benefits.

Injuries That Qualify You for Workers’ Compensation

New Jersey workers’ comp insurance covers the following types of injuries:

• Injuries or accidents that are caused by your working conditions or that happen while you are working
• An illness or disease that stems from a harmful working environment, like working with allergens, harmful chemicals, or toxic fumes
• Repetitive stress or repetitive strain injuries that develop over time due to the nature of the employee’s work

Even a minor injury, like a slip-and-fall, should be covered as long as you were working and weren’t acting irresponsibly at the time of the accident.

What To Do After a Workplace Injury

Your health matters most, so your first steps should involve getting the medical care you need, whether it’s first aid or a trip to a hospital or urgent care. Next, you should report the injury to your employer. You must report your injury to your supervisor within 14 days of the accident. If you don’t, your claim will almost always be denied. Additionally, if you don’t report the injury to your employer within 90 days, you will be unable to file a workers’ comp claim at all. 

If your doctor advises you to stay off work, please notify your employer. Stay in contact with your employer and let them know when your doctor permits you to resume light-duty or part-time work and when you can resume your full duties.

Finally, you should call a Princeton workers’ compensation attorney to protect your rights.

What’s Covered Under NJ Workers’ Compensation Laws?

The laws cover the obligations of employers to provide insurance and set forth specific employee benefits. They also cover penalties for not carrying this insurance. Workers’ comp laws also cover employee obligations, such as when to report injuries.

The laws also offer recourse to appeal the decision for denied or minimized claims. You have the right to file a formal Claim Petition or an Application for an Informal Hearing with the NJ Division of Workers’ Compensation. The laws allow a workers’ comp judge to overturn a claim denial. If you disagree with that judge’s decision, you can appeal your case to the Appellate Division of the Superior Court in New Jersey.

Can I File a Personal Injury Lawsuit in Addition to Workers’ Comp?

Yes, in some situations. NJ workers’ compensation typically protects employers from being sued by injured employees. However, there are a couple of conditions under which the injured worker may file suit:

• If the employer doesn’t have workers’ compensation insurance
• If a third party contributed to or caused your injury

For example, say your job involves driving or riding a bike for work, and another driver hits you. In that case, you could file a lawsuit against the at-fault driver for your injuries. Or perhaps a negligent vendor or subcontractor was working on your job site and caused the accident that injured you. Maybe a piece of equipment malfunctioned. In these cases, you may be entitled to file a suit against those entities. These can be tricky to navigate, so consult with your lawyer to determine if you qualify.

Do I Need an Attorney for Workers’ Comp?

You’re not required to have a lawyer to file a claim for workers’ comp benefits, but they can help you understand your rights and options. If you have to file an appeal or your employer denies or minimizes your claim, they can handle everything for you. Additionally, they can fight to ensure you get all the benefits you’re entitled to.

Talk to an Experienced Workers’ Compensation Lawyer in Princeton, NJ Today

Do you need help filing for NJ workers’ comp benefits, or are you having trouble securing the disability benefits you’re entitled to? The New Jersey workers’ compensation attorneys from Davis, Saperstein & Salomon, P.C. can help. We’re on your side from when you file your initial claim through any appeals or hearings you may need to attend to secure your workers’ comp benefits. Contact us today for a free case review to learn more about your rights.