New Jersey Workers' Compensation Attorneys

What is Workers' Compensation?

Workers’ compensation is a no-fault insurance system that provides injured workers with benefits to cover their medical treatment, rehabilitation, and a portion of their lost income. Because Workers’ Compensation is a no-fault policy, workers have the ability to receive benefits regardless of who caused their accident and injuries. Although the process seems simple, and should be, our attorneys have years of experience to help you through your claim, and will be there for you every step of the way.

Who Is Eligible for Workers' Compensation in New Jersey?

Workers’ compensation offers benefits to those injured on the job and those who develop occupational diseases, regardless of who is at fault. An employee is eligible for workers' compensation regardless of if they work full-time or part-time, and they do not have to be employed for any specific length of time. On the other hand, independent contractors, consultants, and freelancers are not eligible for workers' compensation, unless they have gotten their own Worker’s Compensation insurance policy.

The ways people can get hurt or sick due to work are limitless. Over the years, we have handled all types of slips and falls and lifting incidents, but also more unique cases like occupational illness claims, work-related fights, and even death claims. The most common thread is that the injury or illness must arise from the course of the employment. If it does, Levinson Axelrod is committed to getting the benefits the injured worker is entitled. 

When To Get a Lawyer for Work Injury?

If you've been injured at work, it may be a good idea to consider hiring a lawyer for your work injury case. Here are some situations in which you might want to consider getting a lawyer for a work injury:

• Severe Injuries: If your work-related injury is severe, resulting in significant medical expenses, long-term disability, or permanent impairment, a lawyer can help ensure you receive appropriate compensation for your losses.
• Disputed Claims: If your employer or their insurance company disputes your claim or denies your benefits, a lawyer can help you navigate the appeals process and advocate for your rights.
• Denied Medical Treatment: If your employer or their insurer is denying you necessary medical treatment or delaying approval for medical care, a lawyer can assist in ensuring you receive the treatment you need.
• Pre-Existing Conditions: If you have a pre-existing medical condition that is aggravated by a work-related injury, determining the appropriate compensation can be complex. A lawyer can help ensure you receive compensation for the additional harm caused by the work injury.
• Third-Party Liability: If your injury was caused by a third party (someone other than your employer or a coworker), you might have a personal injury claim against that party in addition to your workers' compensation claim. A lawyer can handle both aspects of your case.
• Complex Claims: Some workers' compensation claims involve complex legal or medical issues. A lawyer can provide expert advice and navigate these complexities to maximize your benefits.
• Lost Wages Disputes: If you're facing difficulties in getting the correct amount of lost wages compensation or are experiencing delays, a lawyer can help you obtain the appropriate benefits.
• Maximizing Compensation: A lawyer can help you understand the full scope of benefits you are entitled to and ensure you receive the maximum compensation available under the law.

If you're unsure whether you need a lawyer for your work injury case, please contact us today to schedule a consultation with an experienced workers' compensation attorney from our firm.

What Benefits Can I Receive Under NJ Workers’ Compensation?

In the state of New Jersey, you generally cannot file a civil lawsuit against your employer or coworker when you are injured on the job or develop an occupational disease.* However, you can secure benefits through workers' comp.

New Jersey law provides injured workers with four benefits:

• Medical benefits: The employer should provide coverage for medical treatment to cure and relieve the effects of the injury. The carrier controls the treatment, but in emergencies, the injured employee should go to a hospital.
• Temporary disability benefits: If an employee sustains an injury that stops them from working for more than seven calendar days, temporary disability benefits can cover lost wages.
• Benefits for permanency: If an employee is permanently disabled or suffers permanent residuals because of a work injury, they may seek benefits based on the nature and extent of their injury.
• Death benefits: If an employee dies because of a work-related injury, their dependents are eligible for death benefits. This includes funeral expenses. Dependents include legal spouses and natural children, among others.

If the injury renders a worker totally and permanently disabled to the degree that they cannot work in any field, they may be eligible for payments for the rest of their life. These payments will typically come from the carrier or the state Second Injury Fund.

How Can a Workers’ Compensation Attorney Help?

If you’ve been injured on the job, navigating the workers' compensation process can be complex and daunting. A skilled workers' compensation lawyer can make a world of difference in ensuring you receive the benefits you rightfully deserve. At Levinson Axelrod, P.A., we understand the challenges injured workers face and are committed to offering the guidance and representation they need. Below are some of the ways our work injury attorneys can assist you:

Filing Your Workers' Compensation Claim

Filing a workers' comp claim involves various steps, including gathering medical records, completing paperwork, and meeting strict deadlines. Missing any of these steps can result in delays or a denied claim. A workers' compensation lawyer helps ensure your claim is filed correctly and on time, streamlining the process and avoiding unnecessary complications.

Explaining Your Rights

Many workers are unaware of their full rights under New Jersey workers’ compensation laws. For example, you’re entitled to wage replacement, medical benefits, and even compensation for permanent disabilities. A work injury attorney can educate you on your rights, ensuring you understand what you’re entitled to for your injury.

Appealing Claim Denials

Insurance companies often deny workers’ comp claims for various reasons, such as inadequate documentation or disputes about the cause of injury. If your claim has been denied, an experienced attorney can handle the appeals process, present additional evidence, and advocate on your behalf to secure the compensation you deserve.

Negotiating Maximum Compensation

Insurance companies may attempt to minimize payouts or prematurely close claims. A knowledgeable workers' compensation lawyer will negotiate with insurers to ensure you receive the maximum benefits possible, including fair compensation for medical expenses, lost income, and any permanent damage resulting from the injury.

Handling Employer Retaliation

Unfortunately, some employees face retaliation or discrimination from their employer after filing a workers' comp claim. This could include wrongful termination, reduced hours, or demotion. If this happens, a workers' compensation lawyer can protect your rights, holding your employer accountable and ensuring you are treated fairly.

Pursuing Third-Party Claims

If your work-related injury was caused by a third party—such as a contractor, equipment manufacturer, or property owner—you may also be eligible to file a personal injury lawsuit alongside your workers' comp claim. These lawsuits can provide additional compensation for damages like pain and suffering, which are not covered by workers’ compensation. Your attorney will identify third-party liabilities and help you pursue the appropriate legal action.

Guiding You Through Complex Cases

Certain workers' compensation cases can involve unique challenges, such as pre-existing conditions, disputed medical treatments, or total disability claims. Our attorneys at Levinson Axelrod, P.A. are equipped with the expertise necessary to handle even the most complex matters.

Advocating for Permanent Disability Benefits

If your injury has left you with a permanent disability that limits your ability to work, you may be eligible for long-term or lifetime benefits. However, these claims often require substantial evidence and meticulous preparation. A workers' compensation attorney will build a strong case to demonstrate the extent of your disability and your need for continued benefits.

Providing Peace of Mind

Hiring an experienced lawyer allows you to focus on healing and recovery while they handle the legal aspects of your case. Understanding that you have a dedicated advocate at your side can ease the stress of dealing with insurance companies and legal paperwork.

Jobs High Rates of Workers' Compensation Claims

• Construction workers
• Healthcare workers
• Truck drivers
• Law enforcement
• Roofers
• Manufacturing Workers

Can I Sue a Third Party for My Workplace Injury in New Jersey?

Some workplace accidents are the result of a third party’s negligence, such as an outside contractor or a property owner. In these situations, injured workers and families may have the right to seek justice and compensation through civil lawsuits, allowing for financial recoveries beyond what workers’ compensation provides, such as damages for pain and suffering. Since these lawsuits require victims to prove that a defendant was negligent, legal representation and clear and convincing arguments are critical.

The NJ workers' comp attorneys at Levinson Axelrod, P.A. can help you determine if you qualify for a third-party case, as we have experience pursuing workers’ comp claims and civil lawsuits.

Your Rights After a Workplace Accident in New Jersey

Accidents and injuries can create tremendous setbacks for victims and families, as well as make complex and foreign legal proceedings even more difficult. By understanding your rights after a workplace injury, you can take action to ensure you receive the benefits you deserve.

• Right to legal counsel: Following a workplace accident, one of the most important rights you have is your right to legal representation. Hiring an attorney does not harm your workers' comp claim.
• Right to medical care: If your injury was sustained during the course of your job duties, workers' comp should cover all costs associated with the treatment of your injury -- cost of treatment should NEVER prevent you from getting the care you need.
• Right to medical leave: Workplace injuries can take weeks or even months to fully heal. If your injury prevents you from returning to work for more than seven days, you may be entitled to temporary total disability benefits which are 70% of your average weekly wage (max/min limits also apply).
• Right to job security: Under New Jersey workers' comp law, it is illegal for your employer to terminate you or discriminate against you for filing for workers' compensation. If your employer is retaliating against you, contact our firm immediately!

With bold and unwavering advocates by your side, you can pursue the compensation you need through the most appropriate means, whether that requires navigating the workers’ comp process or filing a civil lawsuit.

How to Protect Your Potential Case

Here’s what to do if you are injured at work:

• Report any accident or injury as soon as possible to your employer (within 14 days).
• Seek medical attention promptly.
• Keep a record of the accident. Make detailed notes with the names and addresses of all involved.
• Speak with a New Jersey workers’ compensation attorney as soon as you can.

Workers’ Compensation cases can be tricky, especially if they occur on the way to work, on the way home from work, or during your lunch hour. No matter the circumstances of your accident, you have rights, and you deserve to know what those rights are, and we are here to talk. 

Contact Levinson Axelrod, P.A. Today

Our team at Levinson Axelrod, P.A. has dedicated our professional careers to fighting for the injured, and we have proven that our experience, resources, and unrelenting determination can make a huge difference for clients when it matters most.

If you wish to discuss a potential workplace accident case, your rights, and how our firm may be able to help you with a workers’ compensation or third-party case, contact us for a free and confidential consultation.

We are your neighborhood lawyers for workers’ compensation cases. Levinson Axelrod, P.A. serves clients throughout the state of New Jersey.

Call (732) 440-3089 at one of our 10 convenient locations or contact us online today to discuss your claim.

*In very rare circumstances in which the employer has intentionally injured or willfully exposed a worker to a known danger, there may be a civil case against an employer. We can evaluate those circumstances as well.