Law Offices of Michael S. Williams – New Jersey Workers’ Compensation Attorneys Proudly Serving New Jersey Residents
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 not only represent Monmouth and Middlesex county residents, but also Ocean and Union counties and throughout New Jersey.
It is extremely important to have an experienced New Jersey Workers’ Compensation attorney involved in your case early on to help navigate the workers’ comp claims process and ensure that you receive all the benefits you are entitled to under the Workers’ Compensation Act. Our goal during the initial phases of your case is to make sure you get the best medical care and are compensated while you’re out of work. We deal with the headaches that come with all personal injury claims so you can focus on getting better and back on your feet. Please feel free to call us today at 732-351-2800 or contact us online to schedule a free consultation.
What Should I Do If I Got Hurt At Work?
Notify the employer as soon as possible. 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 possible. If emergent medical care is required do not wait. Go to the hospital.
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 themselves.
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.
How Long Do I Have To File A Workers’ Compensation Case?
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 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.
- 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.
- Any other orthopedic injury and/or illnesses.
Can My Employer Fire Me?
No this absolutely should not happen, but unfortunately some employers regardless of it being illegal 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. It 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.
What Is A Re-Opener?
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 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 have the matter is initially resolved. If re-opened the worker may be entitled to:
- Additional Treatment
- Additional Temporary Disability Benefits if the worsening of your injuries prevents you from working; and
- Additional Permanent Disability Benefits
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)
With offices located in Tinton Falls and New Brunswick, New Jersey, Michael regularly appears in workers’ compensation court in Monmouth, Middlesex, Ocean and Union Counties. 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.
