What can I Expect from my Workers’ Compensation Case?
If you suffered a work injury you are likely entitled to workers’ comp benefits which include medical treatment and if you’re unable to work, temporary disability benefits. You may also be entitled to compensation for the degree of loss of function to your injured body part(s). This is referred to as permanent partial disability or if you can no longer work in any capacity because of your work injury, permanent total disability.
I’m Nervous to Speak to an Attorney
I totally get it. For most clients they’ve never done this before. Regardless of how someone who was injured at work finds me, we need to have a meeting to discuss what happened and to make sure I’m the right fit for them and them for me. Transparency is very important to me.
When I meet with clients, we basically have a conversation and for the most part I ask questions regarding the work injury. Some clients are already treating, some aren’t. While every case is different my initial concerns are making sure they are getting the best treatment and receiving temporary disability benefits if they can’t work. I want them to be able to just focus on their treatment, themselves and their families and not the case. Their only concern should be getting better and hopefully back to work; not the case or dealing with insurance companies. That’s my job.
For the meeting itself, it’s not required that the client be in person at my office, but I prefer it. However, it’s whatever they feel most comfortable – so the meeting can be on the phone, zoom or in person at my office or somewhere else the injured worker feels comfortable.
Filing the Claim Petition
If it’s a fit, at the conclusion of the meeting or shortly thereafter I file the employee claim petition which formally gets the case into court system. Without doing this you would not be able to get compensation for your injuries at the end of the case. It also allows us to have a workers’ comp judge assigned to the case which can greatly assist if issues occur during your treatment and we need the court to intervene. You’re not suing your employer. They are not being served with a complaint. The claim petition will be sent directly to your employer’s workers’ comp insurance carrier so they can assign an attorney.
What Happens When Treatment is Over?
When treatment is over in a New Jersey workers’ compensation case, several key steps and outcomes may occur, depending on the specifics of the case.
- MMI: Typically, treatment is over when the authorized treating doctor deems that the employee has reached maximum medical improvement (MMI) which is a state in which additional treatment will no longer improve the medical condition.
- TEMP: If temporary disability benefits were still being paid at the time, it would stop. This is regardless of whether there is a return to employment.
- EXAMS: Next, my office and the insurance company will schedule you to attend “permanency independent medical exam(s)”. Both sides are entitled to their own exams. This is exactly what it sounds like – one or more doctors will examine you and provide an opinion as to your percentage of disability (the degree in your loss of function in body parts.)
What Happens After the Exams?
After the exams are done and reports are received, they are exchanged. At that point the attorneys try to negotiate a settlement. If a settlement cannot be reached between the parties the attorneys will conference the case with the workers’ comp. This quite literally is asking the judge for assistance in trying to resolve the case. In most cases the judge will review the reports and will provide a recommendation on what they believe the case should settle for. There are no jury trials in workers’ comp, so most cases settle for what the judge recommends.
Settlement
A future blog will go into more details on settlements, however, in general our office will prepare all of the paperwork and go over it with you. We will explain how you get paid your settlement and your continued workers’ comp rights. In accepting a settlement, you will be waving you right to trial, so you will know exactly what you will be putting in your pocket.
Seek the Assistance of an Attorney Immediately After an Injury
Meeting early with an attorney who specializes in New Jersey Workers’ Compensation will help you avoid the pitfalls that can result in your comp claim being denied. They will assist in making sure all injuries were reported appropriately and that prompt medical care and other benefits are provided. They will deal with the headaches that come with all personal injury claims so you can focus on getting better and back on your feet.
Contact a New Jersey Workers’ Compensation Lawyer at the Law Offices of Michael S. Williams to help you get back on your feet
If you have been injured on the job and need help with your claim, a Workers’ Compensation lawyer at the Law Offices of Michael S. Williams is here for you. Call 732-351-2800 or contact us online to schedule a free initial consultation. Our offices are located in Tinton Falls and New Brunswick, New Jersey and we serve not only clients in Monmouth and Middlesex County, but throughout the state.
