Law Offices of Michael S. Williams – New Jersey Workers’ Compensation Attorneys Proudly Serving Injured New Jersey Residents From Monmouth and Middlesex County Offices
Employees hurt while performing job duties are entitled to Workers’ Compensation benefits. With offices in Tinton Falls and New Brunswick, New Jersey, the Law Offices of Michael S. Williams are conveniently located representing not only Monmouth, Middlesex and Ocean County residents, but all New Jersey.
An experienced New Jersey workers’ comp attorney can help navigate the claims process and ensure that you receive all the benefits you are entitled to under the Workers’ Compensation Act.
The Law Offices of Michael S. Williams are skilled New Jersey workers’ compensation attorneys who are well respected and highly trained in handling work injury cases for our injured New Jersey clients.
We deal with the headaches that come with all personal injury claims so you can focus on getting better and back on your feet.
We take an aggressive yet compassionate approach in handling New Jersey workers’ compensation matters which allow our clients to get the best medical care and be fully compensated for their injuries.
If you live in New Jersey and have been injured please call us today at 732-351-2800 or contact us online. Free Consultations always for injured New Jersey residents.
What Should I Do If I Got Hurt at Work?
Notify the employer as soon as you can. Actual knowledge of the injury satisfies notice. The notice may be given to a supervisor, personnel office, or anyone in authority. Notice does not have to be in writing.
If medical attention is needed a request should be made to the employer as soon as reasonably possible. If emergent medical care is required don’t wait. Go to the hospital.
What Does Workers’ Compensation Cover?
The Workers’ Compensation Act provides the following benefits to employees who suffer job-related injuries or illnesses.
- Medical Benefits – Injured employees are not responsible for any medical bills for authorized treatment. There are no co-pays, deductibles, and no balance billing.
- Temporary Total Benefits – 70% of the gross weekly wages once out of work extends beyond 7 days until there is a return to work or medical treatment is completed.
- Permanent Partial Benefits – Disability compensation if the workplace injury or occupational disease results in permanent partial disability. There is an ability to return to gainful employment.
- Permanent Total Benefits – Permanent total disability is defined under the New Jersey Workers’ Compensation system as a “physical or mental neuropsychiatric total permanent impairment caused by a compensable accident or compensable occupation disease, where no fundamental or marked improvement in such condition can be reasonably expected” In other words, due to a work-related injury benefits will be paid for the remainder of the injured worker’s life.
- Death Benefits – Are provided to dependents of workers who have passed away in a work related accident or due to a work-related injury.
A complete list of benefits provided to New Jersey sick and/or injured workers can be found at New Jersey’s Department of Labor and Workforce Development website.
What Type of Injuries are Covered in Workers’ Compensation?
Any injury that arises out of the course of your employment is covered. Some common causes of injuries are slip and/or trip and fall, injuries due to lifting, bending or twisting and injuries from a motor vehicle accident while driving for work.
Other injuries or illnesses may be caused from occupational exposures which include repetitive motions. Some commonly seen covered injuries are:
- Muscle and ligament sprains, strains, and tears.
- Broken bones and/or fractures.
- Cervical, thoracic and lumbar spinal vertebrae and disc injuries, including fractures, disc bulges and herniations.
- Shoulder Injuries.
- Injuries due to repetitive stress or motions.
- Cuts, burns, lacerations and/or punctures.
- Concussions and other traumatic brain injuries.
- Amputations.
- Inguinal hernias.
- Psychiatric, neuropsychiatric, psychological and neuropsychological injuries.
- Heart attacks and/or stroke.
- Eye and dental injuries.
- Exposures including Covid-19 related illnesses.
- Pre-existing condition, illness or injury that is aggravated.
- Any other orthopedic injury and/or illnesses.
Is There a Notification Deadline?
Unless the employer has actual knowledge of an injury, the employee must notify the employer of the injury within fourteen (14) days after the date of the accident. It does not have to be in writing, it can be given to anyone of authority and you do not personally have to be the one to provide the notice.
If notice is given, or knowledge obtained within thirty (30) days from the occurrence of the injury, compensation will be allowed unless the employer can show that they were prejudiced and if proved then compensation would only be barred to the extent of such prejudice.
If notice is given within ninety (90) days after the accident, the employer can bar compensation by showing it was prejudiced by the lack of notice. No compensation is allowed if notice is not provided nor knowledge obtained by the employer within ninety (90) days of the date of the accident.
How Long do I Have to File a Workers’ Compensation Case?
It doesn’t matter if you have a workers’ comp case in Monmouth, Middlesex or another county, the deadline, which is called the statute of limitations, to file a workers’ compensation claim petition is within two years of the injury or the last payment of compensation, whichever comes last.
In situations in which the injuries take longer to development such as an occupational exposure which includes not only illnesses but also injuries due to repetitive motions, it’s two years from the date that the injured first became aware that that the condition was work related.
What if I’m at Fault for my Work Injury?
Workers’ Compensation is a “no fault” insurance program. Benefits will be received regardless who is at fault, even if the injured employee was entirely at fault for the accident that caused the injuries.
Some exceptions are being under the influence of alcohol or drugs and that solely caused the injury, or you intentionally harmed yourself.
What if Someone Else is at Fault?
In some cases you may be able to bring a separate claim for your injuries if someone else besides your employer or a co-worker was at fault. If you drive for work and were involved in a car accident at the fault of another, slipped and fell at another’s property or suffered any other type of personal injury in the course of your employer due to a third party, a good injury attorney will investigate and pursue a separate claim for you in addition to the workers’ comp case.
Can My Employer Fire Me?
No this absolutely should not happen, but unfortunately some employers will still retaliate.
It’s illegal for an employer to fire its employees for getting hurt at work and/or filing a workers’ compensation claim.
The employer should not discriminate or retaliate in any way. if this does happen it’s illegal and the employee should file a separate lawsuit against the employer.
How Much Does a Workers’ Compensation Attorney Charge?
A workers’ comp attorney fee in New Jersey is governed by N.J.S.A. § 34:15-64 of the Workers’ Compensation Act.
In most cases the Judge will award the attorney 25% of the gross award or settlement and in most cases the workers’ compensation insurance company will pay 60% of the attorney fee. If the claim is not successful there is no attorney fee.
Thus, for example: If the gross workers’ comp award or settlement was $20,000.00 the attorney fee would be $5,000.00 and the insurance company would pay $3,000.00. The $2,000.00 share would simply be deducted from the settlement or award by the insurance company which will pay the injured worker directly.
What Happens When Treatment is Over?
After treatment is completed exams will be scheduled by both sides. The doctors rendering the exams will issue reports that will evidence percentage of disability. Then the reports will be exchanged and the parties will work towards a resolution. Once the matter is resolved the insurance company is required to begin making payments within sixty (60) days, but it’s typically sooner.
Can I Get More Benefits After Settlement?
In cases resolved by way of an “Order Approving Settlement” or awarded a Judgment at trial, there is a right to re-open the case if the injuries become worse. This is called a Re-Opener or more formally an Application for Review or Modification of Formal Award This must be filed within two (2) years from the last date of compensation. Typically, this is the date in which the last compensation check is received.
If re-opened the worker may be entitled to:
- Additional Treatment if your injury becomes worse and you need more treatment;
- Additional Temporary Disability Benefits if the worsening of your injuries prevents you from working; and
- Additional Permanent Disability Benefits if your disability has increased.
Even if working for a different employer the case can be re-opened.
Where is the Workers’ Compensation Court?
Typically the matter is listed in the county of which the injured worker resides.
The following are where the Workers’ Compensation Courts are located and the counties the Court serves:
- Atlantic City (Cape May and Atlantic Counties)
- Bridgeton (Cumberland and Salem Counties)
- Camden (Camden and Gloucester Counties)
- Freehold (Monmouth County)
- Hackensack (Bergen County)
- Jersey City (Hudson County)
- Lebanon (Somerset, Hunterdon and southern Warren Counties)
- Mt. Arlington (Sussex, Morris and northern Warren Counties)
- Mt. Holly (Burlington County)
- New Brunswick (Middlesex and eastern Somerset Counties)
- Paterson (Passaic County)
- Plainfield (Union County)
- Toms River (Ocean County)
- Trenton (Mercer County)
A Workers’ Compensation Lawyer at the Law Offices of Michael S. Williams Will Help you Obtain Benefits
With offices located in Tinton Falls and New Brunswick, New Jersey, Michael regularly appears in workers’ compensation court in Monmouth, Middlesex, and Ocean County. He is well known and respected throughout the state for his aggressive and companionate advocacy for his clients who have been hurt at work. Please feel free to Call us today at 732-351-2800 or contact us online to schedule a free consultation.
