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New Jersey Workers' Compensation Lawyers
New Jersey is a no-fault state for workers’ compensation, meaning that you can receive workers’ compensation benefits regardless of who was at fault for your injury. If you made a mistake that led to your injury, you’re still covered. Of course, insurance companies will look to deny the benefits you are entitled to as they make money by not paying what you are owed or minimizing what they pay, often at the expense of your health.
Workers’ compensation benefits available in New Jersey include:
- Medical benefits. Workers’ comp will pay 100% of your medical bills for treatment that is reasonable and necessary. This includes things like prescriptions and hospital stays.
- Temporary Total Disability. TTD benefits are available for injured employees who are unable to work and are receiving medical care. TTD payments are generally 70% of the employee’s (gross) average weekly wage. The amount is subject to a maximum and minimum.
- Permanent Partial Disability. A permanent partial disability entitles you to ongoing benefits. The amount of your weekly payment depends on the type of injury you have (which part of your body is disabled), as well as the severity of the injury. These benefits begin after TTD benefits end.
Workers’ compensation attorneys charge clients on a contingency basis. This means that you only pay if your attorney gets you benefits. If you lose your case and receive nothing, you pay nothing. Because you won’t have to pay an hourly fee for your lawyer’s time, it makes sense to go with the best lawyer or firm that you can find. We recommend finding a lawyer or firm who focuses their practice on representing injured workers, rather than a firm or attorney who only does workers’ comp on the side.
In New Jersey, attorney fees for workers’ compensation cases are limited to 20% of the award, subject to a maximum amount. This means that if you end up getting $50,000, your attorney would receive $10,000. If you recover nothing, you will not pay any attorney fees.
There are important steps to follow in order to ensure that you receive benefits. First, you should notify your employer of your injury as soon as possible. Notice does not have to be in writing, but you should tell your employer immediately if you are hurt. The employer is then required to file a first report of accident. Then, you have a certain amount of time to file a claim with the Division of Workers’ Compensation. You have two years from the date of injury to file a claim. If you have received benefits, you have two years from the date of the last payment. If you are filing a claim for an occupational injury, you have two years from the last time you were exposed. If you miss these deadlines, your claim could be barred forever.
We always recommend consulting with an attorney if you are injured on the job. You may need help getting a claim started if your employer is dragging their feet. Or maybe you need additional medical care, or believe you aren’t receiving the proper wage loss benefits. A good workers’ compensation lawyer can guide you through the process and give you peace of mind that you’ll be receiving the benefits to which you’re entitled. If you would like our recommendation as to which attorney is best for your case, please contact us at any time.
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