Monmouth County NJ Workers’ Compensation Lawyers
Law Offices of Michael S. Williams – Proudly Serving New Jersey Residents for nearly 20 Years
Employees hurt while performing job duties are entitled to Workers’ Compensation benefits. A New Jersey Workers’ Compensation lawyer should be retained early on to protect the injured workers’ interest.
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 injuries. Some exceptions are if the employee was under the influence of alcohol or drugs and that solely caused the injury, or if the employee intentionally harmed themselves.
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 by the employer.
What Should the Injured do if 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 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 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, 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 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.
- 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 the Employee be Fired for Filing a Workers’ Compensation Claim?
No. It’s illegal for an employer to fire its employee for filing a workers’ comp claim. The employer also cannot discriminate or retaliate in any way.
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 no attorney fee is owed unless a settlement or an award in received. Workers’ comp attorneys typically receive 20 percent of the award or settlement determined by the Workers’ Compensation Judge.
In most cases the insurance company for the employer will pay 60% of the attorney fee and half the expert fees.
Thus, for example: If the 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. The $1,600.00 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?
A case 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)
Ocean County NJ Workers’ Compensation Lawyers
With offices located in Tinton Falls and New Brunswick, New Jersey, Michael regularly appears in workers’ compensation court in Ocean County’s Workers’ Comp court located in Toms River, New Jersey.
Middlesex County NJ Workers’ Compensation Lawyers
Michael attends court weekly in Middlesex County’s Workers’ Comp Court which is a short distance from his office 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. Please feel free to Call us today at 732-351-2800 or contact us online to schedule a free consultation. With offices conveniently located in Tinton Falls and New Brunswick, New Jersey we serve clients in Monmouth and Middlesex County and throughout the state.