If you were injured at work in New Brunswick, New Jersey, you may be entitled to authorized medical treatment, temporary disability benefits while you are unable to work, and compensation for a permanent injury.
The Law Offices of Michael S. Williams, LLC maintains a New Brunswick office at:
The Plaza Building
317 George Street, Suite 320
New Brunswick, New Jersey 08901
Attorney Michael S. Williams has represented injured New Jersey workers for approximately 20 years. He personally handles claims involving denied medical treatment, unpaid temporary disability benefits, premature return-to-work releases, disputed permanent disability, and third-party claims arising from workplace accidents.
We represent injured employees in New Brunswick and throughout Middlesex County. Workers’ compensation cases arising in New Brunswick and Middlesex County are generally heard in the New Brunswick Workers’ Compensation Court.
Call 732-351-2800 for a free consultation with a New Brunswick workers’ compensation lawyer.
A Local Workers’ Compensation Attorney in New Brunswick
A workplace injury can leave you dealing with pain, medical appointments, reduced income, and uncertainty about whether you will be able to return to your job. Disputes may develop even when the employer or insurance carrier initially accepts the claim.
A carrier may challenge:
••Whether the injury arose from employment
••The relationship between an additional injured body part and the workplace accident
••The need for an MRI or other diagnostic testing
••Authorization for treatment by a specialist
••Recommended physical therapy, injections, or surgery
••The employee’s continued inability to work
••Whether an offered light-duty position complies with the doctor’s restrictions
••Continued payment of temporary disability benefits
••Whether the authorized doctor discharged the employee prematurely
Our representation is not limited to negotiating a settlement after medical treatment ends. We also work to protect an injured employee’s right to appropriate medical care and wage-replacement benefits while the case is pending.
Workers’ Compensation Benefits After a New Brunswick Work Injury
New Jersey workers’ compensation may provide several types of benefits to employees who suffer compensable workplace injuries or occupational conditions.
Authorized Medical Treatment
The employer or its workers’ compensation insurance carrier is responsible for providing and paying for reasonable and necessary authorized treatment related to a compensable work injury.
Authorized treatment may include:
••Emergency medical care
••Physician and specialist examinations
••MRIs and other diagnostic testing
••Physical and occupational therapy
••Injections
••Surgery
••Prescription medication
••Medical equipment and assistive devices
In New Jersey, the employer or insurance carrier generally has the right to select the authorized medical providers. That does not mean an injured employee has no options when the authorized care is inadequate or necessary treatment is denied.
Learn more in our article: Can You Choose Your Own Doctor in a New Jersey Workers’ Compensation Case?
Temporary Disability Benefits
If a compensable work injury prevents an employee from working for more than seven days, temporary disability benefits are generally paid at 70% of the employee’s average weekly wage, subject to the statutory minimum and maximum rates.
Disputes frequently arise over:
••Calculation of the employee’s correct average weekly wage
••The employee’s continued inability to work
••Availability of suitable light-duty work
••Compliance of a proposed light-duty assignment with the doctor’s restrictions
••Continued eligibility for temporary disability benefits following a return-to-work release
Temporary disability benefits generally continue until the employee returns to work, reaches maximum medical improvement, or has received the maximum period of benefits permitted by law, subject to the particular facts and applicable legal requirements.
Permanent Partial Disability Benefits
An employee who has a permanent loss of function caused by a work-related injury may be entitled to a permanent partial disability award.
The value of the claim depends upon factors including the:
••Body part affected by the injury
••Nature and extent of the permanent disability
••Resulting functional limitations
••Employee’s average weekly wage
••Applicable statutory compensation rate
The fact that an employee returns to work does not necessarily prevent the employee from receiving a permanent partial disability award.
Permanent Total Disability Benefits
When a compensable work injury leaves an employee permanently unable to return to gainful employment, the employee may qualify for permanent total disability benefits.
Permanent total disability benefits are initially payable for 450 weeks. Benefits may continue after the initial 450-week period if the employee remains unable to earn wages and satisfies the requirements imposed by New Jersey law.
Dependency and Death Benefits
When a compensable workplace accident or occupational disease results in death, qualifying dependents may be entitled to weekly dependency benefits and allowable funeral expenses.
What if Workers’ Compensation Refuses Treatment?
Acceptance of a workers’ compensation claim does not guarantee that every treatment recommendation will be approved.
An employer or insurance carrier may deny or delay:
••An MRI or other diagnostic study
••Treatment by an orthopedic surgeon, neurologist, pain-management physician, or other specialist
••Physical therapy
••Injections
••Surgery
••Treatment for an additional injured body part
••Additional care after an authorized doctor attempts to discharge the employee
When necessary treatment is denied or unreasonably delayed, an attorney should file a Motion for Medical and Temporary Benefits with the New Jersey Division of Workers’ Compensation. Depending upon the medical evidence, the motion can request an order directing the employer or insurance carrier to authorize treatment and pay applicable temporary disability benefits.
An injured employee should not wait until the entire claim has been formally denied before consulting an attorney. Important disputes frequently arise while the carrier continues to describe the claim as accepted. Early legal representation can help ensure that all injured body parts are reported, medical recommendations are addressed, the correct wage rate is used, and improper efforts to terminate treatment or temporary disability benefits are challenged promptly.
Read more: What Can You Do When Workers’ Compensation Refuses Treatment?
What if the Workers’ Compensation Doctor Sends You Back to Work Too Soon?
An authorized doctor may release an employee to full duty or restricted work even though significant symptoms and physical limitations remain. A premature return-to-work release can affect the employee’s medical treatment, temporary disability benefits, and employment.
The doctor may not fully understand the employee’s actual job duties. In other cases, the employer’s proposed light-duty assignment may exceed the medical restrictions, or additional treatment may still be necessary.
An employee should not simply ignore a return-to-work release or remain home without obtaining legal advice. Failing to report for work could place the employee’s temporary disability benefits and employment at risk.
An attorney can investigate whether the:
••Doctor understood the employee’s actual duties
••Employer can accommodate the medical restrictions
••Proposed light-duty assignment exceeds those restrictions
••Employee continues to require authorized treatment
••Additional medical evidence supports continued disability
Learn more: What Happens if a Workers’ Compensation Doctor Sends You Back to Work Too Soon?
Recent Workers’ Compensation Results for Injured New Jersey Workers
The Law Offices of Michael S. Williams, LLC has obtained substantial workers’ compensation awards for injured employees, including:
Permanent Total Disability Award
Permanent total disability benefits obtained for a delivery driver who suffered a lower-back injury and was unable to return to gainful employment. The initial 450 weeks of permanent total disability benefits totaled $372,850. Benefits may continue after the initial 450 weeks if the injured worker remains eligible under New Jersey law.
$303,000 Workers’ Compensation Award
Eye and psychological injuries suffered by a construction worker.
$184,000 Workers’ Compensation Award
Bilateral shoulder injuries suffered in a workplace slip and fall.
$164,000 Workers’ Compensation Award
Back injury suffered by an automobile mechanic.
$136,000 Workers’ Compensation Award
Back injury suffered by a liquor-store employee.
$123,000 Workers’ Compensation Award
Back and shoulder injuries in a workers’ compensation reopener.
$103,000 Workers’ Compensation Award
Back injury suffered while moving a desk.
$103,000 Workers’ Compensation Award
Back injury involving air-conditioning units.
Every case is different, and prior results do not guarantee a similar outcome.
Common Workplace Injuries We Handle
Our firm represents New Brunswick employees in claims involving:
••Back and spinal injuries
••Neck injuries
••Shoulder injuries
••Knee, hip, foot, and ankle injuries
••Hand, wrist, arm, and elbow injuries
••Fractures, tendon tears, and ligament injuries
••Concussions and traumatic brain injuries
••Psychological and neuropsychological injuries
••Repetitive-stress and overuse injuries
••Occupational exposures and illnesses
••Work-related motor-vehicle accidents
••Aggravation of pre-existing conditions
A compensable condition does not have to result from one sudden accident. Repetitive job duties and occupational exposures may also produce compensable injuries or illnesses. A pre-existing condition does not automatically prevent recovery when employment materially aggravates, accelerates, or contributes to that condition.
What Should You Do After a Work Injury?
Report the Accident Promptly
Notify your employer or supervisor as soon as possible. Explain how the accident happened and identify every injured body part.
Do not assume that a coworker, supervisor, or medical provider will report the claim for you. If symptoms involving another body part develop later, report them promptly rather than waiting until treatment is completed.
Request Authorized Medical Care
Ask the employer where you should obtain authorized treatment. Seek emergency treatment when necessary, but otherwise confirm that the provider is authorized by the employer or insurance carrier.
Keep track of requested treatment that is delayed or denied.
Document the Claim
Preserve relevant information and documents, including:
••The date, time, and location of the accident
••The names of witnesses
••Photographs or video when available
••Communications with the employer or insurance carrier
••Medical appointments and treatment recommendations
••Work notes and restrictions
••Pay records
••Dates missed from work
••Any light-duty assignment offered by the employer
Consult an Attorney Promptly
An injured employee should obtain legal advice soon after a workplace injury, not only after the insurance carrier denies the entire claim.
Early representation may help ensure that:
••Every injured body part is properly reported
••The claim is filed against the correct employer and insurance carrier
••The employee’s average weekly wage is calculated accurately
••Medical recommendations are addressed promptly
••Temporary disability benefits are paid at the correct rate
••Improper attempts to terminate treatment or benefits are challenged
••Evidence supporting a possible third-party claim is preserved
Waiting may allow medical, wage, or employment problems to become more difficult to correct.
Third-Party Claims After a Workplace Accident
Workers’ compensation generally provides medical, temporary disability, and permanent disability benefits. It ordinarily does not provide compensation for pain and suffering.
If someone other than the employer or a coworker negligently caused the accident, the employee may also have a separate personal-injury claim.
Potentially responsible third parties may include:
••Negligent drivers
••Contractors or subcontractors
••Property owners
••Maintenance companies
••Manufacturers or sellers of defective products or equipment
••Other negligent third parties
Examples may include a delivery driver injured by another motorist, a construction worker injured by another contractor, or an employee injured by defective equipment.
Our firm handles both workers’ compensation and personal-injury claims, allowing us to investigate all potential sources of recovery arising from a workplace accident.
New Brunswick Workers’ Compensation Court
Workers’ compensation cases arising in Middlesex County are generally heard at:
New Brunswick Workers’ Compensation Court
550 Jersey Avenue
New Brunswick, New Jersey 08901
Our New Brunswick office is located at 317 George Street, Suite 320. We represent injured workers appearing in the New Brunswick Workers’ Compensation Court and throughout New Jersey.
Workers’ Compensation Representation Throughout Middlesex County
This page focuses on our New Brunswick office and representation of employees injured in the city. For information about claims throughout the county, visit our Middlesex County Workers’ Compensation Lawyer page.
We also represent injured workers in communities including:
••Edison
••East Brunswick
••South Brunswick
••Perth Amboy
••Sayreville
••Piscataway
••Monroe Township
Frequently Asked Questions
Do I Have to Prove That My Employer Was Negligent?
No. New Jersey workers’ compensation is generally a no-fault system. An employee ordinarily does not have to prove that the employer negligently caused the accident to obtain workers’ compensation benefits.
The employee must still establish that the injury or occupational condition is sufficiently connected to the employment.
Can I Choose My Own Workers’ Compensation Doctor?
Generally, the employer or insurance carrier has the right to select the authorized medical providers. If appropriate treatment is refused, delayed, or prematurely terminated, an attorney may seek relief through the Workers’ Compensation Court.
Treatment obtained independently may not automatically become the financial responsibility of the employer or carrier. An injured employee should obtain legal advice before arranging substantial unauthorized treatment, except when emergency care is required.
What if My Employer Refuses to Report the Injury?
An employer’s refusal to report an accident does not necessarily prevent an employee from pursuing workers’ compensation benefits.
An attorney can investigate the applicable insurance carrier, provide formal notice, and file a Claim Petition when appropriate. The employee should preserve any texts, emails, incident reports, or other evidence showing that the injury was reported.
Can I Be Fired for Filing a Workers’ Compensation Claim?
New Jersey law prohibits an employer from retaliating against an employee because the employee claimed or attempted to claim workers’ compensation benefits.
Whether a particular termination or other employment action constitutes unlawful retaliation depends upon the circumstances. A retaliation claim may involve remedies outside the workers’ compensation case.
How Long Do I Have to File a Workers’ Compensation Claim?
A New Jersey workers’ compensation Claim Petition generally must be filed within two years of the work injury or the last payment of compensation, whichever is later.
Different rules and factual considerations may apply to occupational disease claims and applications to reopen prior awards. Injured employees should not wait until the deadline approaches before consulting an attorney.
Can I Reopen My Case if My Condition Gets Worse?
Certain workers’ compensation awards may be reopened when the work-related condition materially worsens, provided the application is filed within the applicable statutory period.
The right to reopen and the applicable deadline depend upon how the original case was resolved and the date of the last payment of compensation.
How Much Does a Workers’ Compensation Lawyer Cost?
There is no upfront attorney’s fee. Attorney’s fees in New Jersey workers’ compensation cases are determined and approved by the Workers’ Compensation Court.
Initial consultations with our office are free.
Personal Attention From Michael S. Williams
Attorney Michael S. Williams provides direct, hands-on representation. Clients are not passed from one attorney to another.
Our firm carefully reviews:
••Medical treatment and recommendations
••Temporary disability payments
••The employee’s average weekly wage
••Work restrictions and return-to-work releases
••Permanency evidence
••Potential applications to reopen prior awards
••Possible third-party claims
When necessary treatment or benefits are denied, we are prepared to present the issue to the Workers’ Compensation Court.
Speak With a New Brunswick Workers’ Compensation Lawyer
If you were injured at work in New Brunswick, the Law Offices of Michael S. Williams, LLC can evaluate your claim and explain the benefits that may be available.
Our New Brunswick office is conveniently located at:
The Plaza Building
317 George Street, Suite 320
New Brunswick, New Jersey 08901
We represent injured workers in New Brunswick, throughout Middlesex County, and across New Jersey.
Call 732-351-2800 for a free consultation. You may also contact us online to request an in-office, telephone, or virtual consultation.
There is no upfront attorney’s fee.
