Monmouth County NJ Workers’ Compensation Attorneys
If you’re hurt while performing your job duties, you are entitled to workers’ compensation benefits. It is not a requirement to be hurt at a location owned or controlled by your employer. You may still be entitled to workers’ compensation benefits even if you are off your employer’s premises.
Our office is located in Tinton Falls, New Jersey. We represent individuals who have suffered work injuries who live in Monmouth County and throughout New Jersey.
What if I’m at Fault for my Work Injury?
Workers’ compensation is a “no fault” insurance program. You will receive benefits regardless who is at fault, even if you were entirely at fault for the accident that caused your injuries. Some exceptions to this are if you were under the influence of alcohol or drugs, or if you intentionally harmed yourself. In exchange for these benefits, the worker cannot bring a civil action against the employer for pain and suffering or other damages, except in cases of intentional acts.
What Should I do if I’m Hurt at Work?
You should notify your employer as soon as possible. The notice may be given to your supervisor, personnel office, or anyone in authority at your place of business. Notice does not have to be in writing. If you need medical treatment, a request should be made to your employer as soon as possible. If you need emergent medical care do not 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 – You will not be responsible for any medical bills for authorized treatment. There are no co-pays, deductibles, and no balance billing.
- Temporary Total Benefits – You are entitled to 70% of your gross weekly wages if your time out of work extends beyond 7 days. These payments are provided while you are unable to work and receiving medical treatment due to your work injuries.
- Permanent Partial Benefits – You are entitled to disability compensation if your workplace injury or occupational disease results in permanent partial disability. This means that you are not totally unable to work, but now suffer from some partial disability due to a workplace accident.
- 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, if you are totally disabled due to a work-related accident you may qualify for benefits for the rest of your 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 Claim?
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, you have two years from the date that you first became aware that your condition was related to your job.
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 common injuries or illnesses that are covered 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.
- 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 I get Fired for Filing a Workers’ Compensation Claim?
No. It’s illegal for your employer to fire you for filing a workers’ comp claim. Your employer also cannot discriminate or retaliate against you in any way because you were hurt at work and decided to file a workers’ comp claim for your injuries. If you feel that you’ve been fired, discriminated or retaliated against by your employer because of your workers’ compensation claim, you should contact an attorney immediately.
How much does a Workers’ Compensation Attorney Charge?
A workers’ comp attorney fee in New Jersey is governed by Section 34:15-64 of the Workers’ Compensation Act.
We do not charge an hourly fee, but rather a contingency fee. Meaning you do not owe us any money unless you receive a settlement or an award. As your lawyer we would receive a percentage of the award or settlement determined by the Workers’ Compensation Judge, but the fee award is capped at 20 percent of the gross award or settlement.
Typically in New Jersey the attorney receives a fee of 20 percent, however, the insurance company for the employer will pay more than half of the attorney fee; typically 60%.
Thus, for example: If your gross workers’ comp award or settlement was $20,000.00 the attorney fee would be $4,000.00 and the insurance company would pay $2,400.00. Your $1,600.00 share would simply be deducted from your settlement or award by the insurance company which will pay you directly. You will never have to go into your own pockets.
What happens after I’m done with Treatment?
After your treatment is completed we will send you to a doctor and your employer’s insurance company will send you to a doctor. These doctors will examine you and review your treatment records and write what is called a permanency report. Both sides will then use the reports as evidence of your percentage of disability. (How much your case is worth). After we resolve your case the insurance company is required to begin making payments to you within sixty (60) days, but it’s typically sooner.
What is a Re-Opener?
If your case is resolved by way of an “Order Approving Settlement” or if you are awarded a Judgment by the Workers’ Compensation Judge at trial you will have a right to re-open your case if your injuries become worse from the date of settlement or award. You will have two (2) years to re-open from the last date of compensation. Typically this is the date in which you receive your last check from the insurance company. If you re-open you 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
You do not have to be working for the same employer to re-open your case. You do not lose your rights to re-open if you have a new job.
Where is the Workers’ Compensation Court?
This all depends on where you live, where your employer is located and where you were injured. In that order. So if you live in Shrewsbury, New Jersey your workers’ compensation case will be in Freehold Workers’ Compensation Court located at 2 Paragon Way which services all Monmouth County Workers’ Comp matters. While we are located in Monmouth County we represent injured employees throughout the state of New Jersey. The other Workers’ Compensation Courts are located in:
- Atlantic City (Cape May and Atlantic Counties)
- Bridgeton (Cumberland and Salem Counties)
- Hackensack (Camden and Gloucester Counties)
- Jersey City (Hudson County)
- Lebanon (Somerset, Hunterdon and southern Warren Counties)
- Mount Arlington (Sussex, Morris and northern Warren Counties)
- Mount Holly (Burlington County)
- New Brunswick (Middlesex and eastern Somerset counties)
- Paterson (Passaic County)
- Plainfield (Union County)
- Toms River (Ocean County)
- Trenton (Mercer County)
Following a workplace accident you have a right to legal counsel. Contacting and hiring an attorney will not harm your claim.
Throughout the year each week Michael has case listings in all the mentioned workers’ comp courts.
Ocean County NJ Workers’ Compensation Lawyers
While our office is located in Tinton Falls, New Jersey, Michael regularly appears in workers’ compensation court in Ocean County’s Workers’ Comp court located in Toms River, New Jersey.
He also often makes appearances further north of Ocean and Monmouth counties.
Middlesex County NJ Workers’ Compensation Attorneys
Michael attends court weekly in Middlesex County’s workers’ comp court located in New Brunswick, New Jersey, near its border with North Brunswick.
It is extremely important to have an experienced attorney involved in your Workers’ Compensation matter early on. Michael and his team have a combined 40 years of experience helping employees who were hurt at work. Please feel free to contact us today.