Union County. Workers' Compensation Lawyers

Workers' Compensation in New Jersey

New Jersey’s workers' compensation law is designed to protect employees who are injured or become ill due to their job duties. This no-fault system means that workers do not have to prove that their employer was negligent in order to receive compensation. However, obtaining the benefits you deserve can be a challenging and time-consuming process. In New Jersey, nearly every employer is required by law to carry workers' compensation insurance to cover injuries and illnesses that occur in the workplace.

The system is meant to ensure that injured workers receive necessary medical treatment, financial support during their recovery, and compensation for lost wages. Whether you are a construction worker, office worker, healthcare professional, or any other type of employee, you are entitled to workers' compensation benefits if you sustain an injury while performing your job duties.

However, even though the process is designed to be straightforward, navigating workers' compensation claims can be difficult, especially when dealing with insurance companies, medical providers, and employer representatives. That’s where a skilled Union County workers' compensation lawyer can be invaluable.

Workers' Compensation Benefits

If you are injured on the job in Union County, New Jersey, you may be entitled to various types of workers' compensation benefits, including:

Medical Benefits

One of the key aspects of New Jersey’s workers' compensation system is providing coverage for medical expenses. If you are injured at work, your employer’s workers' compensation insurance should cover all reasonable and necessary medical treatment. This includes doctor visits, hospital stays, surgeries, physical therapy, and medication. In some cases, you may also be entitled to additional treatments like rehabilitation or home health care.

Temporary Disability Benefits

If your injury prevents you from working, you may be eligible for temporary disability benefits. These benefits provide wage replacement while you are unable to work due to your injury or illness. In New Jersey, these benefits typically pay two-thirds of your average weekly wage, subject to state maximums. Temporary disability benefits are paid until you are able to return to work or reach maximum medical improvement (MMI), which means your condition has stabilized and is unlikely to improve.

Permanent Disability Benefits

If your injury results in a permanent disability that impacts your ability to work, you may qualify for permanent disability benefits. These benefits are designed to compensate for the long-term effects of your injury. In New Jersey, permanent disability benefits are divided into two categories:

1. Partial Permanent Disability (PPD): If your injury causes permanent but partial loss of function (such as limited use of a limb), you may receive PPD benefits, which are calculated based on the severity of the disability.
2. Total Permanent Disability (TPD): If your injury or illness prevents you from working altogether, you may be entitled to TPD benefits, which replace a larger portion of your lost wages and are paid for life in some cases.

Death Benefits

If a worker tragically dies as a result of a workplace injury or illness, their surviving spouse, children, or other dependents may be entitled to death benefits. These benefits can help cover funeral expenses and provide financial support for the surviving family members.

Vocational Rehabilitation

In some cases, workers who are unable to return to their previous job due to their injuries may qualify for vocational rehabilitation services. These services may include job retraining or education to help you find new employment that accommodates your physical limitations.

Why Has Your Claim Been Denied?

While the workers' compensation system in New Jersey is designed to provide support to injured workers, it is not always easy to secure the benefits you need. One of the most common obstacles injured workers face is having their claims denied. There are several reasons why a workers' compensation claim might be denied, including:

Lack of Timely Reporting

In New Jersey, you are required to report your workplace injury to your employer within a certain timeframe, usually within 14 days of the incident. Failing to report your injury promptly can lead to a denial of your claim. That’s why it’s crucial to notify your employer as soon as possible after an injury occurs.

Failure to Seek Medical Treatment

If you fail to seek medical treatment for your injury in a timely manner or if you fail to follow your doctor’s treatment plan, your claim may be denied. Workers’ compensation insurance companies may argue that you didn’t take your injury seriously enough or that your failure to seek proper care means your injury is not as severe as you claim.

Pre-Existing Conditions

If you have a pre-existing condition that was aggravated by your work-related injury, the insurance company may try to deny your claim by arguing that your condition was not caused by the workplace injury. This can be a particularly complex issue, but a skilled workers' compensation attorney can help present evidence to show that your injury is indeed work-related.

Employer Disputes

Some employers may dispute the circumstances of the injury or claim that the injury did not occur while performing work duties. It is essential to have an experienced attorney on your side to help gather the necessary evidence and witness testimony to support your claim.

Failure to Meet Eligibility Requirements

In some cases, workers may be ineligible for workers' compensation benefits due to their employment status, such as being classified as an independent contractor instead of an employee. A lawyer can help you understand whether you qualify for workers’ compensation benefits based on your specific employment situation.

If you’ve been injured on the job, you don’t have to navigate the workers’ compensation system alone. At Levinson Axelrod, P.A., our team of experienced Union County workers' compensation lawyers is here to provide you with the guidance and support you need. We’ll fight for your rights and ensure that you receive the benefits you deserve.

Contact us today at (732) 440-3089 for a free consultation and take the first step toward securing the benefits you are entitled to.