Workers’ Compensation Lawyer Woodbury, New Jersey
Assisting the injured with workers’ compensation claims
A work-related injury can cause more than just physical pain. You may be psychologically traumatized. In addition, you may have concerns about missing work or how to pay the resulting medical bills. At Brown, Novick & McKinley Attorneys at Law, we can assist you in filing for workers’ comp. We have an in-depth understanding of the workers’ compensation process and know how to help.
NJ workers’ compensation laws are designed to ensure that employers provide financial assistance and medical benefits to employees who have been injured in on-the-job accidents or who suffer from work-related illnesses.
Who is eligible for workers’ compensation in New Jersey?
All employees who are injured during the course of their job duties or who contract an illness as a result of work-related exposure are eligible for workers’ compensation benefits. Someone hired as an independent contractor is typically not covered, but there are instances where businesses try to cut corners by misclassifying an employee as a contractor. Should you have a question about whether you might be actually entitled to workers’ comp benefits despite being designated as an independent contractor, we can review the facts and advise as to whether you might be covered.
When should you get a lawyer after suffering a workplace injury?
Though the workers’ compensation system is supposed to relieve the burden on injured employees, getting the result you deserve might be tougher than you expected. It might be best to retain qualified legal counsel as soon as you experience a work-related medical condition, especially if you think your claim will be challenged due to an alleged pre-existing condition or some other reason. After a denial of benefits or a decision providing only part of what you believe you deserve, there is no time to waste. You should contact an attorney immediately about an appeal before the state’s Division of Workers’ Compensation where we can present evidence supporting your claim and represent you in a hearing before an administrative law judge.
What benefits can you receive under NJ workers’ compensation?
Under New Jersey law, worker’s compensation claimants can receive the following benefits:
- Reimbursement for medical expenses — A prime goal of the workers’ compensation is to make sure that injured employees can get the prompt medical attention they need without worrying about cost or having to prove fault on anyone’s part. If you’ve been hurt during the course of your work, doctor’s bills, hospital costs, medications, transportation to healthcare appointments and rehabilitation expenses should all be recovered.
- Income replacement — Temporary total disability payments are equal to 70 percent of the claimant’s average weekly income, but cannot exceed a maximum level set by the state’s Commissioner of Labor and Workforce Development. For 2024, the weekly maximum is $1,131. When a work-related condition allows someone to perform some of their job functions, they can collect temporary partial disability, which provides a percentage of the total disability benefit based on the extent of their limitation.
- Permanent disability — In the event that a claimant can no longer work after achieving maximum medical improvement, they can receive permanent total disability benefits. These payments are similar to the temporary income replacement payments and are initially granted for a period of 450 weeks, then can be renewed until the recipient reaches retirement age. Permanent partial disability benefits are also available for those who can work on a limited basis.
- Death benefits — Following a fatal workplace accident, surviving family members can receive up to $3,500 to pay for funeral expenses as well as up to 70 percent of their loved one’s weekly income up to the statutory limit.
Depending on your situation, you might prefer to accept a lump-sum workers’ compensation settlement rather than collecting periodic disability payments. Our attorneys will examine your circumstances closely and help you decide what is the best way to proceed.
Can an injured employee sue a third party after a workplace Injury in New Jersey?
Though an employee typically cannot sue their employer or a co-worker for an injury that occurs on the job, there are instances where a third party’s negligence makes it possible to file a personal injury action. This can be important because you can recover damages in a third-party lawsuit that are not available in a workers’ comp claim. For example, you might be driving in the course of your work when a careless motorist hits you. Other circumstances that might lead to a third-party injury claim include when a worker is hurt due to a defective product or the negligence of someone employed by a separate contractor on a construction site. A personal injury lawyer from our firm can handle these cases along with your workers’ compensation claim.
Contact a New Jersey workers’ compensation lawyer for a free consultation
Brown, Novick & McKinley Attorneys at Law in Woodbury represents claimants in workers’ compensation actions after they have suffered a job-related injury or illness. Our office is in Woodbury and we assist clients in Gloucester County and other parts of New Jersey. Please call 866-942-4909 or contact us online to set up a free initial consultation.