New Jersey Workers' Compensation Attorney

Injured while working in New Jersey?

If you have been injured while working in New Jersey, you may be entitled to file a workers' compensation claim. You should consider hiring a New Jersey personal injury lawyer from the Law Offices of Lloyd E. Bennett, Esq., P.C. Our proven firm has been concentrating on New Jersey workers' compensation claims since 1987 and has helped thousands of injured workers' receive the compensation they deserve.

An employee or their dependents can receive workers' compensation benefits for an injury or death arising in the course of employment. The employer or their insurance carrier is required to pay for necessary and reasonable medical treatment, as well lost wages during the period of rehabilitation. After a formal claim is filed by our accomplished firm, benefits may be paid for permanent disability.

Frequently Asked Workers' Compensation Questions

Can I file a claim even if I caused my own injury? Yes, under the Workers' Compensation Statute, it doesn't matter who caused the accident. Injured workers' have rights and y ou are covered as long as the accident occurred during the course of employment.

What must I do if I was injured on the job? You must notify your employer as soon as possible. The notice may be given to the foreman, supervisor, personnel office, or anyone in authority at the employer's place of business. To ensure that your rights are being fully protected, it is very important to contact one of our skilled attorneys as soon as possible after an injury at work.

How do I get medical treatment for my injuries? If you need medical treatment, a request should be made to your employer as soon as possible. Under New Jersey workers' compensation law , the employer and/or their insurance carrier can select the physician to treat you for work-related injuries. If you are not treated at the authorized treatment center, you may have to pay the bill.

I do not like the doctor to whom I was referred by my employer's insurance company. What recourse is available to me? Workers' compensation law gives the employer the authority to select the medical professionals to provide care to an injured worker, however, if the employer refuses or neglects to provide services reasonable and necessary to cure or relieve you of the effect of the injury restoring function where possible, you may take action by filing a Motion for Medical and/or Temporary Disability Benefits and a workers' compensation judge will decide whether you need additional treatment.

What if the Employer refuses to cooperate? You should contact our firm as soon as possible to protect your benefits for workers' compensation .

Who decides whether or not I will to receive workers' compensation benefits? Your employer's workers' compensation insurance carrier or your employer, if they are self-insured, will investigate your claim and make a determination as to your eligibility to receive temporary workers' compensation benefits. Our firm will also review the case and make a determination as to whether or not you are entitled to benefits and tenaciously pursue the maximum amount obtainable. Our resourceful attorneys have the know-how to negotiate workers' compensation settlements that can help our clients recover and move on beyond their injury. Some severe injuries, for example traumatic brain injuries or spinal injuries, require life-long care and one of our caring attorneys will fight to help you receive the compensation you need. A workers' compensation judge may also make a decision in certain cases.

While I was out of work as a result of a work-related injury, my employer terminated me. Is such termination permissible? The workers' compensation statute prohibits the termination of an employee in retaliation for filing a workers' compensation claim or for testifying at a workers' compensation hearing. If you feel you were terminated for these reasons contact our firm as soon as possible to defend your rights and you're your employer accountable.

The workers' compensation doctor has released me for light duty work, but my employer advises that there is no such work available. What can I do? If light duty work is not available, you should continue to receive temporary disability benefits until you reach maximum medical improvement. If you have any questions, you should contact our office right away.

I have two jobs, one full time and the other part time, and I was injured on the part-time job, and because of the injury I am also unable to work at the full-time job. Can I collect workers' compensation benefits from my full-time job? Unfortunately, no, since you were injured on your part-time job, any workers' compensation benefits will be based on that employment alone.

Are workers' compensation benefits taxable? Workers' compensation benefits are not taxable.

I have a serious job injury that will prevent me from returning to my job forever. Are there any retraining services offered that can help me in this situation? The State of New Jersey's Division of Vocational Rehabilitation that will help individuals with disabilities by providing retraining. If you have a disability that is preventing you from working, you may wish to submit a referral for services. Our helpful lawyers may be able to help you determine what options you have when seeking retraining.

How much are the benefits for loss of wages? If you are disabled for a period of more than seven days, you will be eligible to receive temporary disability benefits a rate of 70% of your average weekly wage. These benefits are provided during the period when you are unable to work and under active medical care. Benefits are usually terminated when you return to work in some capacity or if you reach maximum medical improvement, or MMI. MMI is a term that is used when additional treatment will no longer improve the medical condition of the injured worker.

Can I also collect NJ State Temporary Disability Benefits (TDB) due to a job-related injury? Work-related injuries or illnesses are not compensable under the New Jersey Temporary Disability Benefits Law, however, if you are claiming workers' compensation benefits and the claim is contested by the workers' compensation insurance carrier, temporary disability benefits may be paid pending resolution of a formal WC claim petition.

How long must I be out of work before I am eligible to receive workers' compensation benefits? By law, you must be unable to work for seven days before you are eligible for temporary disability benefits. Benefits are retroactive to the first day and the seven days need not be consecutive. Please note that there is no similar waiting period to receive medical benefits or permanent disability benefits. Those benefits are due regardless of the number of lost work days. There are many types of workplace accidents that can leave you in physical pain and emotional stress at the uncertainty of your income. If you are not receiving the benefits you deserve, contact our trusted firm as soon as you possibly can .

What are the time limits for filing a claim with the Division? There is two-year statute of limitations that applies to workers' compensation cases. A formal claim petition must be filed within two years of the date of injury or the date of last payment of compensation, whichever is later. Medical treatment authorized by the employer is considered a payment of compensation. In cases of occupational illness, for example, toxic exposure or hearing loss, the claim petition must be filed within two years from the date you first became aware of the condition and its relationship to your employment.

How long do I have to wait before I receive benefits from my employer or their insurance carrier? Generally, you can expect to wait two weeks before receiving temporary disability benefits. If your employer or their insurance carrier unreasonably and negligently delays denial of a claim, they may be liable to you for an additional 25% of the amounts due, plus any reasonable legal fees incurred in relation to the delay. A delay of 30 days or more is presumed to be unreasonable. If you have not received your benefits, you should contact our dedicated firm without delay.

I was awarded disability benefits by a workers' compensation judge. When will I receive my benefits? The workers' compensation insurance carrier has 60 days to process the payment, after which time you may be entitled to receive simple interest on the delayed payments. It is more realistic to expect receipt of your initial payment within 6 to 8 weeks from the date of the judge's order.

I was awarded disability benefits by a workers' compensation judge, and my condition is getting worse. What can I do? You have two years from the date of last payment of your award or last payment of a medical bill to reopen your case. To reopen your case, you must contact the insurance carrier and it is also important to contact an experienced attorney from our office.

What is the Second Injury Fund? Who is eligible? First established in the 1920s, the Second Injury Fund is intended to promote the hiring of disabled individuals and to reduce the potential costs of workers' compensation awards for employers. To be eligible for fund benefits, an individual must be permanently disabled as the direct result of a work-related injury in combination with a pre-existing partial disability. It is not necessary that the pre-existing partial disability be work related.

Are Second Injury Fund benefits paid in addition to regular compensation benefits? No, fund benefits are the same amount as those received from the employer or the employer's insurance carrier and begin when the employer's obligation to make benefit payments cease.

How long are Second Injury Fund benefits payable? Fund benefits are potentially paid during the lifetime of the injured worker so long as the injured worker remains totally and permanently disabled and unemployed. Benefits cease upon the death of the worker. Death, funeral and dependents' benefits are not payable from the fund.

Can I work and collect Second Injury Fund benefits? Yes, but after the first 450 weeks of benefits for total and permanent disability, wages from employment will be used to reduce your benefit amount.

Help is available workers' compensation laws are complex and involve a huge variety of factors. Dealing with employers and insurance adjustors can be intimidating leaving you feeling powerless as to the outcome of your injury claim. Don't allow yourself to be taken advantage of, an attorney from our firm can aggressively stand up for your rights and assist you in seeking compensation that allows you to focus on recovery.

Contact a New Jersey workers' compensation lawyeras soon as you can to determine your rights and options after an injury at work.