What is Workers' Compensation?
Workers' compensation is a system designed to provide financial relief and medical care to employees who suffer work-related injuries or illnesses. In New Jersey, this is a no-fault system, meaning that injured workers are entitled to benefits regardless of who caused the accident. Whether your injury was the result of a sudden accident or developed over time through repetitive stress, workers' compensation provides a lifeline.
In New Jersey, employers are required to carry workers' compensation insurance. When an employee is injured or becomes ill due to their job, they can file a claim to receive benefits. These benefits can include coverage for medical expenses, lost wages, and even compensation for permanent disabilities. However, the process is not always straightforward, and having a skilled Middlesex County workers' compensation lawyer on your side can make a significant difference in ensuring your claim is handled efficiently.
Common Types of Benefits
Injured workers in New Jersey are entitled to several types of benefits through workers' compensation. Each type of benefit serves a different purpose, ensuring that injured employees are supported through their recovery and beyond.
- Medical Benefits: Medical benefits cover the cost of treating your work-related injury or illness. This can include doctor visits, hospital stays, surgery, medications, rehabilitation, and therapy. All reasonable and necessary medical expenses should be covered by workers' compensation, as long as the treatment is authorized.
- Temporary Total Disability Benefits: If your injury prevents you from working for more than seven days, you may be eligible for temporary total disability (TTD) benefits. These benefits are designed to replace a portion of your lost wages while you are recovering and unable to work. In New Jersey, TTD benefits are generally 70% of your average weekly wage, up to a maximum amount set by the state.
- Permanent Partial Disability Benefits: If you suffer a permanent injury but are still able to work, you may be entitled to permanent partial disability (PPD) benefits. These benefits are calculated based on the extent of your injury and the body part affected. Common examples include the loss of a limb or impaired vision.
- Permanent Total Disability Benefits: In cases where a worker is completely unable to return to any form of work due to a permanent injury, they may be entitled to permanent total disability (PTD) benefits. These benefits provide long-term compensation and are typically paid weekly.
- Death Benefits: If a worker tragically loses their life due to a workplace injury, their dependents may be eligible for death benefits. These benefits include coverage for funeral expenses and ongoing financial support for dependents such as a spouse or children.
Common Reasons Why Your Claim is Denied
While workers' compensation is meant to protect injured workers, not every claim is approved. In fact, claims can be denied for the following reasons, some of which may seem unfair:
- Failure to Report the Injury on Time: One of the most common reasons for claim denial is failing to report the injury within the required time frame. In New Jersey, you must notify your employer of your injury as soon as possible, preferably within 90 days. Delays in reporting could lead to suspicion and rejection of your claim.
- Insufficient Medical Documentation: If you don’t have proper medical documentation proving that your injury is work-related, your claim may be denied. You must seek medical treatment promptly and ensure that all injuries are well-documented by an authorized healthcare provider.
- Disputes Over Whether the Injury is Work-Related: Sometimes, employers or insurance companies may argue that the injury was not caused by your job or that it resulted from a pre-existing condition. In such cases, your lawyer can help gather evidence and expert testimony to prove that your injury is indeed work-related.
- Missing Deadlines for Filing Paperwork: Workers' compensation claims involve several strict deadlines. Missing any of these deadlines—whether for filing the initial claim, submitting medical records, or appealing a denial—can jeopardize your ability to collect benefits.
Reviews & Testimonials
*Results may vary depending on your particular facts and legal circumstances.
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I want to thank you for all of your help settling my case seamlessly and promptly with an unexpected, and speechless outcome. I'm still in a bit of shock and I'm still processing it all. After my case bounced from associate to associate, I had...- G.K.
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Celine took what I thought would be a stressful situation and turned it into a wonderfully positive experience for me and for my family. Her passion for her job, and her compassion towards her clients, is without limit. She is a fighter.
- P.G. -
I recently had the pleasure of working with the remarkable attorneys, Celine and Richard, at Levinson Axelrod, and I cannot recommend them highly enough! Thank you for your exceptional work and for going above and beyond to secure justice for your clien
- P.T. -
"Thank you and your team for fighting so hard for me."
Thank you for your quick response and for the information. Most importantly, thank you and your team for fighting so hard for me. I am grateful to have had such a caring and diligent team representing me throughout this ordeal.
- M.F.
How Our Firm Can Help
Navigating a workers' compensation claim can be complicated, especially if your claim is denied or if you are dealing with a difficult insurance company. Levinson Axelrod, P.A. is here to help you every step of the way. Here’s how we can support you:
- Filing Claims & Appeals: We help ensure that your claim is filed correctly and on time. If your claim is denied, we guide you through the appeals process.
- Securing Full Benefits: Our experienced attorneys fight to ensure that you receive all the benefits you are entitled to under the law, from medical coverage to wage replacement.
- Negotiating with Insurance Companies: We handle negotiations with insurance companies on your behalf, so you don’t have to worry about being taken advantage of.
- Representation in Court: If your claim needs to go to a hearing or court, we provide strong legal representation to protect your rights.
Contact us today at (732) 440-3089 for a free consultation and let us handle the legal challenges so you can focus on your recovery.
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