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.