Flemington Workers’ Compensation Lawyer

Workplace Accident Injury Claims in Flemington, NJ

Getting hurt while at work can be a very worrying experience. You might be unable to work for weeks, months, or even longer, and you will need to find medical care and treatment, too. All the while, the bills will keep piling up and your family’s financial situation will become more uncertain.

What you need is to find out if you can file for workers’ compensation and how to do it. That is where our Flemington workers’ compensation attorneys can help you. At Levinson Axelrod, P.A., our team is known for going to great lengths to make certain our clients are taken care of and that their claims are as strong as possible. You can trust us to help you, too.

Start your case with confidence. Call (908) 386-4678 to speak with our Flemington workers’ comp attorneys.

When to File a Workers’ Compensation Claim in NJ

In New Jersey, you can only file a workers’ compensation claim if you are an employee of the company that manages the business where you were hurt. Independent contractors, freelancers, and other similar positions do not qualify for workers’ comp benefits. Part-time employees are still eligible, though, as long as they were performing their usual job duties at the time they were hurt.

Employers in New Jersey must have a workers’ compensation insurance policy or be self-insured. In either situation, you should be able to file a claim with your employer’s insurance provider. If the employer is self-insured, then they will handle your claim instead.

Workers’ compensation insurance is supposed to be a no-fault insurance. This means that you should be able to file a claim and get benefits even if you were the one who caused your own injuries. However, insurance companies are still going to be looking for a reason to deny your claim if they can, so do not assume that you will be approved for benefits.

What Does Workers’ Comp Cover in NJ?

Workers' compensation in New Jersey provides benefits to employees who are injured or become ill due to their job. Here’s what workers' compensation typically covers in New Jersey:

Medical Benefits

Workers' compensation covers all necessary and reasonable medical treatment related to the work injury or illness. This includes:

• Doctor visits
• Hospital stays
• Surgeries
• Physical therapy
• Prescription medications
• Medical devices and equipment

Temporary Total Disability Benefits (TTD)

If an employee is unable to work for more than seven days due to a work-related injury or illness, they are entitled to temporary total disability benefits. These benefits provide 70% of the worker's average weekly wage, subject to minimum and maximum limits set by the state. TTD benefits continue until the worker can return to work or reaches maximum medical improvement (MMI).

Permanent Partial Disability Benefits (PPD)

When a worker sustains a permanent injury but can still work in some capacity, they may be eligible for permanent partial disability benefits. These benefits are based on the type and severity of the disability, as determined by a schedule of disabilities.

Permanent Total Disability Benefits (PTD)

If a worker is permanently and totally disabled due to a work-related injury or illness and cannot return to any form of gainful employment, they may receive permanent total disability benefits. These benefits are paid at the same rate as TTD benefits and can be paid for life.

Death Benefits

If a worker dies as a result of a work-related injury or illness, their dependents (spouse, children, and other dependents) are entitled to death benefits. These benefits include:

• A portion of the worker’s average weekly wage (up to 70%), subject to maximum limits
• Funeral expenses up to a certain amount set by the state

Vocational Rehabilitation

In some cases, workers may be eligible for vocational rehabilitation services to help them return to work. These services may include job training, job placement assistance, and educational programs.

Legal Fees and Costs

Workers' compensation in New Jersey also covers reasonable legal fees and costs incurred in securing benefits. These fees are generally paid by the employer or insurance carrier.

Workers' compensation does not cover:

• Pain and suffering
• Punitive damages
• Injuries resulting from intentional self-harm or intoxication

What to Do After a Workplace Accident in NJ

If you get hurt at work, then you should:

• Seek medical attention
• Get the names of any witnesses
• Take photos of the scene where you were hurt
• Inform your employer of the accident and injury
• Get a copy of your accident report
• Keep all medical records and bills
• Keep all pay stubs and tax returns
• Keep track of all mileage
• Follow your doctor’s orders
• Keep a record of all of your symptoms and how they are affecting you
• Do not post about the accident or injury on social media
• Do not speak with the insurance company until you have spoken with an attorney

How Long Do I Have to File a Workers’ Compensation Claim in NJ?

State law requires that the injury or illness be reported to the employer within 14 days. However, workers can still provide notice up to 90 days after the incident, but delaying the report can complicate the claims process.

You have two years to file a workers’ compensation claim if you have been diagnosed with an occupational disease. This two-year time limit starts on the day you were diagnosed with the condition. If you have lost a loved one due to a workplace accident or injury, then you have two years to file a workers’ compensation claim for death benefits. This two-year time limit starts on the day your loved one passed away.

How Our Flemington Workers’ Comp Lawyers Can Help

Our Flemington workers’ compensation lawyers can help you file a claim and appeal a claim denial. We can also work to determine if you can file a personal injury lawsuit against the liable party. Our team has been helping clients with personal injury and workers’ compensation claims for more than 80 years. We know what it takes to get results, and we are ready to put our experience to work for you.

Get started on your case today. Call our Flemington workers’ compensation lawyers at (908) 386-4678 to request a consultation.