Howell Workers’ Compensation Attorney
Let Us Help You Recover Your Entitled Benefits
When a workplace accident leaves you injured, the last thing you want to worry about is how to pay your medical bills or how to support your family while you're unable to work. Workers' compensation is designed to provide financial protection and peace of mind during these challenging times. At Levinson Axelrod, P.A., our Howell workers' compensation lawyers are dedicated to helping injured workers navigate the legal system and secure the benefits they deserve. We understand the intricacies of New Jersey workers' compensation laws and are ready to fight for your rights.
To schedule a free consultation, contact us today at (732) 730-7043!
Common Types of Workplace Accidents
Workplace accidents can happen in any industry, from construction to office jobs. While some accidents may seem minor, others can cause severe injuries that have long-lasting effects. Below are some of the most common types of workplace accidents that lead to workers' compensation claims:
- Slip and Falls: Slips, trips, and falls are some of the most common workplace accidents. They can occur due to wet floors, uneven surfaces, or improperly maintained equipment. Even a simple fall can lead to serious injuries such as fractures, head trauma, or back injuries.
- Repetitive Motion Injuries: Jobs that require repetitive motions, such as typing, lifting, or assembly line work, can lead to conditions like carpal tunnel syndrome or tendonitis. These injuries develop over time and can be just as debilitating as a sudden accident.
- Vehicle Accidents: Workers who drive as part of their job, such as truck drivers or delivery personnel, are at risk of being involved in vehicle accidents. These accidents can result in serious injuries or fatalities, especially if they involve heavy machinery or hazardous conditions.
- Falling Objects: In industries such as construction or warehousing, falling objects can pose a serious risk. Even with proper safety precautions, objects like tools or materials can fall and cause significant injuries to workers.
- Exposure to Harmful Substances: Workers in industries such as manufacturing or healthcare may be exposed to hazardous substances like chemicals, asbestos, or infectious diseases. Prolonged exposure can lead to illnesses like cancer, respiratory problems, or other long-term health issues.
- Machinery Accidents: Workers who operate heavy machinery or equipment are at risk of accidents that can result in severe injuries, such as amputations, crush injuries, or burns. Even with safety protocols in place, machinery malfunctions or operator error can lead to life-altering injuries.
New Jersey Workers' Compensation Laws
Workers' compensation covers injuries that occur while performing work-related tasks. This includes both accidents and illnesses caused by workplace conditions, such as repetitive stress injuries or exposure to toxic substances.
New Jersey’s workers' compensation system operates on a no-fault basis. This means that employees are entitled to benefits even if the accident was their fault, as long as the injury occurred in the course of their employment.
Injured workers are required to report their injury to their employer within 90 days of the accident. Failure to do so may result in a denial of benefits.
Workers in New Jersey have two years from the date of the injury, or from when they discovered their injury, to file a workers' compensation claim.
Employers are required to report workplace injuries to their insurance carrier and the state’s Division of Workers’ Compensation. Failure to comply with these requirements can result in penalties.
Common Types of Workers' Compensation Benefits
Workers' compensation provides many benefits to help injured workers recover and return to work. Common types of workers' compensation benefits include:
- Medical Benefits: Workers' compensation covers the cost of medical treatment related to the workplace injury. This includes doctor visits, hospital stays, surgery, prescription medications, and physical therapy.
- Temporary Total Disability (TTD) Benefits: If your injury prevents you from working for more than seven days, you may be entitled to temporary total disability benefits. These benefits typically equal 70% of your average weekly wage, up to a state-mandated maximum.
- Permanent Partial Disability (PPD) Benefits: If your injury results in a permanent impairment, but you are still able to work in some capacity, you may qualify for permanent partial disability benefits. The amount of compensation depends on the extent of your injury and the type of work you can perform.
- Permanent Total Disability (PTD) Benefits: Workers who are permanently unable to return to any form of employment due to their injury may receive permanent total disability benefits. These benefits are usually paid for the rest of the worker's life.
- Death Benefits: In the unfortunate event that a worker dies due to a workplace injury, their dependents may be entitled to death benefits. This includes compensation for funeral expenses and ongoing financial support for surviving family members.
Reasons Your Benefits Could Be Denied
While the workers' compensation system is designed to provide benefits to injured workers, there are situations where a claim may be denied. Some common reasons for workers' compensation denials include:
- Failure to Report the Injury on Time: If you do not report your injury to your employer within the 90-day window, your claim may be denied. It is crucial to inform your employer as soon as possible to ensure your rights are protected.
- Disputes Over Whether the Injury Is Work-Related: Insurance companies may argue that your injury did not occur in the course of your employment. This is especially common in cases involving repetitive stress injuries or pre-existing conditions.
- Insufficient Medical Evidence: A lack of proper medical documentation can result in a denial of benefits. It is important to seek medical treatment immediately after an injury and to follow through with all recommended care.
- Violation of Safety Protocols: If your injury occurred while you were violating workplace safety rules, such as failing to wear protective gear, your benefits could be denied.
- Intoxication or Substance Abuse: Workers who are under the influence of drugs or alcohol at the time of the accident may not be eligible for workers' compensation benefits.
Our experienced Howell workers' compensation lawyers at Levinson Axelrod, P.A. are here to help you every step of the way, including situations where your initial claim is denied. We will fight to ensure you receive the benefits you deserve so that you can focus on your recovery.
Call (732) 730-7043 or contact us online today to find out how we can help you with your workers’ compensation case in Howell Township, 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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Christopher A. DeAngelo Partner
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Celine M. Vitale Partner
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Shelby L. Falco Associate
Awards & Accolades
Our law firm is honored to have received numerous awards throughout the years, such as:
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