Law Offices of Michael S. Williams – New Jersey Workers’ Compensation Attorneys Fight For The Injured
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.
Workplace accidents frequently injure workers, leading to long recoveries, ongoing medical or rehabilitative treatment, and lost wages. Workers’ compensation insurance safeguards employees.
Our experienced workers’ compensation attorneys guide you through the claims process ensuring you secure all benefits under the Workers’ Compensation Act. We handle the complexities that come with personal injury claims, allowing you to focus on recovery.
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 clients.
Our aggressive yet compassionate approach secures the best medical care and full compensation for your injuries. We offer free consultations for anyone needing representation in workers’ compensation matters. Call 732-351-2800 or contact us online.
What Should I Do If I Got Hurt at Work?
In an emergency seek medical attention: If your injuries need urgent care, visit a medical professional promptly. Some injuries may have delayed symptoms that could pose serious risks if left untreated. Under New Jersey law, employers or insurers may designate the physician(s) to treat the injury. Inform the doctor that your injuries are work-related to facilitate the completion of necessary forms and avoid claim denial.
Report the accident: Notify your supervisor or employer immediately or as soon as possible. If your injuries don’t require urgent care, inform your employer first. Provide clear details about the accident and your injuries. Make sure you mention everything that hurts. Employers must submit an accident report to their workers’ compensation insurer within a specific timeframe, and many have policies mandating prompt employee reporting of accidents and injuries. Request a copy of the accident report for your records.
Document the scene: If safe, photograph the accident scene. Capture evidence of defective equipment, slippery floors, or damaged railings and take images of your injuries. This documentation may support a potential personal injury case besides workers’ compensation.
Retain legal representation: Workers’ compensation law is complex, and insurance companies demand specific information and documentation for claim acceptance. Incomplete or erroneous information often leads to claim denials. It is advisable to seek assistance from an experienced workers’ compensation lawyer who can guide you through the process and protect your rights.
What Does Workers’ Compensation Cover?
The Workers’ Compensation Act provides the following benefits to employees who suffer job-related injuries or illnesses.
- Medical Benefits – You pay no medical bills for authorized treatment. There are no co-pays, deductibles, and no balance billing.
- Temporary Total Benefits – You receive 70% of your gross weekly wages if you cannot work beyond 7 days due to the work injury or illness.
- Permanent Partial Benefits – You are entitled to disability compensation if your workplace injury or occupational disease results in permanent partial disability. This means you’re not totally unable to work but now suffer some loss of function due to a workplace accident.
- Permanent Total Benefits – You are entitled to disability compensation for the rest of your life if you can’t work in any capacity due to the work injury or illness and no fundamental or marked improvement is reasonably expected. In other words, if you are totally disabled due to a work-related incident.
- Death Benefits – Are provided to dependents of workers who have passed away due to a work-related accident or exposure.
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?
Notify your employer within 14 days of the injury unless they already know. 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 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 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 90 days of the date of the accident.
How Long do I Have to File a Workers’ Compensation Case?
You must file a workers’ compensation claim petition within two years of the injury or the last payment of compensation, whichever comes last.
In situations in which the injuries take longer to develop such as an occupational exposure which includes not only illnesses but also injuries due to repetitive motions, you have two years from the date that you first became aware that your condition was related to your job.
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 employment 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, you can re-open your case within two years from the date you receive your last payment if your injuries become worse. If re-opened, you 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
If you have been injured in an accident at your workplace our New Jersey workers’ compensation lawyers at the Law Offices of Michael S. Williams fight for your benefits. Our offices are conveniently located in Tinton Falls and New Brunswick, New Jersey. We serve clients not only in Monmouth and Middlesex County but throughout New Jersey. Call 732-351-2800 or contact us online to schedule a free consultation.
