Forked River Workers’ Compensation Lawyer

Helping Injured Workers in Forked River, NJ

When you get hurt on the job, you may be entitled to workers’ compensation benefits. In New Jersey, most employers are required to carry workers’ comp insurance, which pays for medical treatment and a portion of lost wages for injured workers.

However, the workers’ compensation system is not perfect. Many workers face significant challenges when trying to get the benefits they need. At Levinson Axelrod, P.A., we help injured workers navigate the workers’ compensation system and fight for their entitled benefits.

If you have questions about your rights after a work-related injury, contact our Forked River workers’ compensation attorneys at (609) 614-3375 for a free consultation.

When Can I File a Workers’ Compensation Claim in NJ?

In New Jersey, most employees are eligible to file a workers’ compensation claim if they have been injured on the job, regardless of who was at fault. There are a few exceptions to this rule. For example, you may not be eligible to file a workers’ compensation claim if you were:

• Intoxicated when you were injured
• Engaged in horseplay or another act in violation of company policy
• Injured while traveling to or from work

Additionally, some workers are classified as independent contractors, which means they are not entitled to workers’ compensation benefits. However, many employers misclassify workers as independent contractors to avoid paying benefits. If you believe you have been misclassified, we can help you understand your rights and options.

What Benefits Can I Receive Through Workers’ Compensation?

Workers’ compensation provides medical benefits to cover the cost of reasonable and necessary medical treatment for your work-related injury or illness. This can include coverage for doctor’s visits, hospital stays, surgeries, prescription medications, and more.

Additionally, workers’ comp provides temporary disability benefits to compensate you for the wages you lost while you were out of work recovering from your injury or illness. In New Jersey, temporary disability benefits are equal to 70% of your average weekly wage. However, they are also subject to a weekly maximum and a minimum of 20% of the state average weekly wage.

Temporary disability benefits are only available if you are out of work for more than seven days. If you are out of work for more than seven days, you will receive compensation for the first seven days as well.

What Types of Injuries Are Covered by Workers’ Compensation?

Workers’ compensation covers a wide range of work-related injuries and illnesses. To be eligible for benefits, you must have suffered an injury or illness that arose out of and in the course of your employment. This generally means that you were injured while performing a work-related task or that your job caused you to develop an illness or medical condition.

Some of the most common types of work-related injuries and illnesses that are covered by workers’ compensation include:

• Broken bones
• Soft tissue injuries
• Overexertion injuries
• Repetitive motion injuries
• Occupational illnesses
• Loss of hearing or vision
• Loss of limb/amputation
• Back and neck injuries
• Head and brain injuries
• Respiratory conditions
• Reproductive illnesses
• Exposure to toxic substances
• Exposure to loud noises
• Exposure to radiation or other forms of energy
• Exposure to bloodborne pathogens
• Psychological conditions (e.g., PTSD, anxiety, depression)

It is important to note that, while many work-related injuries are covered by workers’ comp, not all are. For example, in New Jersey, workers’ compensation does not cover injuries that are self-inflicted or injuries that are caused by an employee’s willful misconduct.

How Long Do I Have to Report a Workplace Injury?

In New Jersey, you only have 14 days to report a workplace injury to your employer. If you fail to report your injury within this timeframe, you could be barred from seeking workers’ compensation benefits. However, we recommend reporting your injury as soon as possible after it occurs. The sooner you report your injury, the sooner your employer can begin the process of filing a workers’ compensation claim on your behalf.

After you report your injury, your employer has 30 days to file a First Report of Injury with their workers’ compensation insurance provider. The insurance company will then have 21 days to decide whether to accept or deny your claim.

If your claim is accepted, the insurance company will begin paying for your medical treatment and any temporary disability benefits you are owed. If your claim is denied, you will have two years from the date of the injury (or the date when you learned about the injury) to file a formal claim with the New Jersey Division of Workers’ Compensation.

Why Choose Levinson Axelrod, P.A.?

At Levinson Axelrod, P.A., we have been serving the people of New Jersey for over 85 years. Our firm has a long history of fighting for the rights of injured workers, and we have a proven track record of success in all types of workers’ compensation cases.

When you choose our firm, you can be confident that we have the experience, resources, and skills to handle your case. We will help you understand your rights and options, and we will work tirelessly to get you the full, fair benefits you are owed. 

If you need help with a workers’ compensation claim, contact our Forked River office at (609) 614-3375. We offer free initial consultations and serve clients across Ocean County.