Belford Workers' Compensation Lawyers
Helping Injured Workers Secure the Benefits They Deserve
Were you injured while at work? If so, you may be entitled to workers’ compensation benefits. At Levinson Axelrod, P.A., we help workers who have been injured on the job file for workers’ compensation benefits, including medical treatment, temporary disability, permanent disability, and more. When you choose our firm, you can be confident that our Belford workers’ compensation attorneys have the experience and resources to help you fight for the full, fair benefits you are owed.
Call (732) 655-8131 or contact us online today to schedule a free consultation.
What is Workers’ Compensation?
Workers’ compensation is a type of insurance that provides benefits to employees who suffer work-related injuries or illnesses. All employers in New Jersey are required to carry workers’ compensation insurance, regardless of the number of employees they have. Injured workers are entitled to workers’ compensation benefits, regardless of who was at fault for the accident.
The workers’ compensation system in New Jersey is “no-fault,” meaning that injured workers do not have to prove that their employer was to blame for their accident or illness in order to recover benefits. All that an injured worker must prove is that the injury or illness is work-related.
There are some exceptions to the “no-fault” rule in New Jersey. If you were injured by a co-worker or a third party while at work, you may be able to file a personal injury lawsuit to recover compensation for your damages, including medical expenses, lost wages, and pain and suffering. Similarly, if you were injured by a defective product or a toxic substance while at work, you may be able to file a product liability or toxic tort claim.
What Types of Injuries and Illnesses Are Covered by Workers’ Compensation?
Workers’ compensation covers most injuries and illnesses that are work-related. If you were hurt while working, or if you were diagnosed with an occupational illness, you may be eligible for workers’ compensation benefits.
Some of the most common types of work-related injuries and illnesses that are covered by workers’ compensation include:
- Slip and fall injuries
- Repetitive motion injuries
- Overexertion injuries
- Occupational illnesses
- Construction accidents
- Crushing injuries
- Electrocution injuries
- Exposure to dangerous chemicals
- Motor vehicle accidents
- Defective equipment accidents
What Benefits Are Available Through Workers’ Compensation?
Workers’ compensation provides several types of benefits to injured workers. The specific benefits you may be entitled to will depend on the nature and extent of your injuries. In general, you may be entitled to recover benefits for medical treatment, temporary disability, permanent disability, and death benefits.
Medical treatment benefits cover the cost of all reasonable and necessary medical treatment related to your work injury or illness, including doctor’s appointments, hospital stays, surgery, prescription medications, physical therapy, and more. You are not required to pay any out-of-pocket expenses for your medical treatment, including co-pays and deductibles.
Temporary disability benefits are available to workers who are unable to return to work for at least seven days. These benefits are equal to 70% of your average gross weekly wage, but no more than 75% of the state’s average weekly wage or less than 20% of the state’s average weekly wage. You may receive temporary disability benefits for up to 400 weeks, or until you are able to return to work, whichever comes first.
Permanent disability benefits are available to workers who have suffered a permanent impairment as a result of their work injury or illness. These benefits are awarded based on the extent of the worker’s disability and their pre-disability wages. Permanent disability benefits may be paid in a lump sum or in periodic payments. Workers who have suffered a permanent total disability may be entitled to receive permanent disability benefits for the rest of their life. Workers who have suffered a partial disability may be entitled to receive permanent disability benefits for a specific number of weeks.
Death benefits are available to the surviving dependents of workers who have died as a result of a work injury or illness. These benefits are equal to 70% of the worker’s average weekly wage, but no more than 75% of the state’s average weekly wage or less than 20% of the state’s average weekly wage. Death benefits may be paid for up to 450 weeks or until the total amount of benefits paid equals 70% of the state’s average weekly wage at the time of the worker’s death.
How Long Do I Have to File for Workers’ Compensation Benefits in New Jersey?
If you have been injured at work, you should report your injury to your employer as soon as possible. Under New Jersey law, you must report your injury to your employer within 14 days of the accident. If you fail to report your injury to your employer within this time frame, you may be barred from recovering workers’ compensation benefits.
You must also file a claim petition with the New Jersey Division of Workers’ Compensation to initiate the claims process. You must file a claim petition within two years of the date of your accident or the date you discovered your work-related illness. If you fail to file a claim petition within this time frame, you may be barred from recovering workers’ compensation benefits.
However, there are some exceptions to the two-year statute of limitations. If you were receiving temporary disability benefits, you may have two years from the last payment of benefits to file a claim petition. If you were receiving medical treatment benefits, you may have two years from the last payment of benefits to file a claim petition. If you were receiving permanent disability benefits, you may have two years from the date of your last payment of benefits to file a claim petition.
How Can Our Firm Help?
If you have been injured on the job, you may be wondering if you need to hire a Belford workers’ compensation lawyer to help you file a claim. While workers are not required to be represented by a lawyer, it is often in their best interest to seek legal representation.
At Levinson Axelrod, P.A., our Belford workers’ compensation lawyers can help you understand your legal rights and options. We can guide you through the claims process and help you avoid any mistakes that could jeopardize your ability to recover benefits. Our lawyers can also help you gather the necessary documentation to support your claim, including medical records, employment records, and more. We can represent you in all hearings and negotiations, and we will fight to maximize your entitled benefits.
Contact us today at (732) 655-8131 to schedule a free, no-obligation consultation with one of our experienced workers’ compensation attorneys in Belford, NJ.
Meet Our Local Workers' Compensation Attorneys
We Take Pride in Serving the People of Our Community
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Richard J. Levinson Senior Shareholder
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Mark V. Kuminski Managing Shareholder
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Richard J. Marcolus Shareholder
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Adam L. Rothenberg Shareholder
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Brett R. Greiner Shareholder
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Kimberly L. Gozsa Shareholder
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Michael B. Fusco Shareholder
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Kathleen M. DiGiovanni Partner
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Celine M. Vitale Partner
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Kendall Medway Associate
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Marisel Lopez Chin Associate
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