Reliable Workers Compensation Lawyers in Millville, Vineland, Bridgeton and Surrounding Communities

Under New Jersey Workers Compensation Law, an injured worker is entitled to receive medical treatment, wages when the worker cannot work due to the work injury, and compensation for permanent injuries. Not all workers' compensation insurance companies will willingly provide these benefits to an injured worker. A lawyer can help the injured worker by filing a motion with the Workers Compensation Court compelling the insurance company to provide medical treatment and wages. In addition, a lawyer will ensure that an injured worker receives fair compensation for permanent injuries by hiring medical experts, making effective legal arguments, and, when necessary, bringing the matter to the Workers Compensation Court.

Under New Jersey Workers Compensation Law, a worker can receive compensation for injuries sustained as a result of a specific accident, such as a trip and fall, a slip and fall, a lifting or bending accident, an assault by a coworker, customer or client, a motor vehicle accident during the course of employment, or injuries resulting from faulty machinery or equipment.

In addition, the New Jersey Workers Compensation Law provides compensation for occupational injury, illness, or disease. These are types of injuries, diseases, or illnesses that occur due to the day-in and day-out exposure to the conditions of employment and they happen to the worker over a period of time that the worker is exposed to the conditions of his or her employment. Examples of some of the conditions that can cause occupational injuries include repetitive physical tasks that the worker must engage in; exposure to environmental conditions, such as chemicals, dust, fumes, or extreme temperatures; and long-term exposure to employment harassment or employment bullying. 

Examples of injuries that are covered by workers' compensation include:

• Broken bones
• Sprains and strains
• Cuts and abrasions
• Torn ligaments
• Spinal injuries
• Herniated and bulging discs
• Carpal tunnel syndrome
• Epicondylitis
• Plantar fasciitis
• Concussions
• Closed head injury
• Hernias
• Eye injuries
• Damaged hearing due to exposure to noise
• Emotional and mental injuries due to work conditions or secondary to physical injury
• Respiratory illnesses due to exposure at work
• Cardiac illnesses 
• Neurological injury due to trauma or repetitive exposure 
• All orthopedic injuries to knees, feet, ankles, legs, neck, back, shoulders, hips, arms, elbows, hands, and fingers

An injured worker should not use private insurance for a work injury. Under the law, the workers' compensation insurance carrier should provide and pay for medical treatment. There are many qualified physicians within most carriers’ networks. If injured worker attempts to use their own insurance, they may get stuck with the bill since the law requires workers compensation to pay for treatment.

A lawyer will not take money upfront in your workers' compensation case. Your lawyer will charge you a contingent fee at the end of the case. This means that the lawyer will only get paid if you receive compensation for permanent injury. The fee is set by law and is up to 20% of any compensation you receive for permanent injury. In most cases, the workers' compensation insurance company will be responsible for a portion of the fee bringing the injured worker's fee down to 8% of his or her recovery for permanent injury.

The law forbids an employer from terminating an employee for either bringing a workers' compensation claim or hiring a lawyer to help with his or her claim. If an employer takes negative employment action against an employee because he or she brings a workers' compensation claim, the employer can be subject to fines and the employee may sue the employer for retaliation. Negative employment action can include firing or demoting an employee, reducing pay or hours, or taking away employment benefits.

The New Jersey Workers Compensation Law requires employers to provide workers' compensation insurance for all employees injured at work. The injured worker will be entitled to medical treatment, lost wages, and compensation for permanent injury. The law requires that the medical treatment be paid for by workers' compensation insurance. Therefore, if an injured worker uses private medical insurance for a work injury, they may get stuck with the bill following treatment. It is important that all injuries get reported in a timely fashion so the injured worker can ensure that he or she receives treatment and does not get stuck with a bill.

In New Jersey, an injured worker should immediately report all injuries to his or her supervisor or manager. The law requires workers' compensation insurance carriers to provide and pay for medical treatment. There are no deductibles or copays charged to an injured worker. There should be no out-of-pocket expenses under the workers' compensation law in New Jersey.

Under New Jersey Workers Compensation Law, a worker who is paid “off the books” is still entitled to workers' compensation benefits, which include medical treatment, lost wages, and compensation for permanent injury. Under New Jersey Law, a worker is entitled to workers' compensation if the employer controls the employee’s activities during work hours. The fact that wages are off the books or under the table will not prevent the worker from being entitled to workers' compensation benefits.

Illegal residents who are injured at work can still bring a workers' compensation claim in New Jersey. The sole legal question is whether the worker was injured during his or her employment. If so, the law requires that the worker receive medical treatment, lost wages, and compensation for permanent injury even if the worker is not a legal resident of the United States.

If you are denied medical treatment after sustaining an injury at work, you need to contact an experienced workers' compensation lawyer. An experienced lawyer can assist you by filing a motion for medical treatment with the Workers Compensation Court which can order the workers' compensation insurance carrier to provide necessary medical treatment. This could require producing a medical report recommending treatment. An experienced workers' compensation attorney will hire a medical expert on your behalf to provide the necessary medical reports.

The New Jersey Workers Compensation Law requires the workers' compensation insurance carrier to provide lost wages to injured workers when a doctor keeps them out of work. The worker is entitled to 70% of the average weekly wages at the time of injury until the worker is returned to work or has done treatment. An experienced workers' compensation lawyer will ensure you receive the lost wages you are entitled to by making effective legal arguments and filing a motion with the Workers' Compensation Court when the workers' compensation carrier fails to pay wages when required under the law.

Under the New Jersey Workers Compensation Law, the workers' compensation insurance carrier must pay the worker lost wages when the doctors take him or her out of work. If the doctors place the worker on modified, restricted, or light-duty work, the worker should return to work only if the employer can accommodate the restricted or modified duty. If the employer cannot accommodate the restrictions, the workers' compensation insurance company must continue to pay the employee until the employee is returned to work full duty or is released from treatment. An experienced lawyer can assist in making sure that an employer follows the work restriction provided by the doctors following an injury at work. If the employer cannot accommodate the work restrictions, an experienced lawyer can take legal action to ensure the worker receives payment for lost wages.

If a worker or employee sustains a work injury that is permanent in nature, the worker is entitled to compensation for permanent injury. The amount of compensation is determined by schedules under the New Jersey Workers Compensation Law. The schedules are also referred to as charts. The charts are used to determine the amount of compensation a worker is entitled to after a work injury. The factors used are the body part that is injured and the degree of permanent injury. An experienced workers' compensation lawyer will ensure the injured worker receives the most that is available under the New Jersey Workers Compensation Law by hiring medical experts to provide medical opinions, making an appropriate demand and effective legal arguments and, when necessary, going to Workers Compensation Court to ensure the worker receives fair compensation.

New Jersey Workers Compensation Law provides permanent disability benefits for workers who cannot return to work because of a work injury. A worker who is successful in establishing permanent disability will receive a lifetime of payments based upon the injured worker's wages at the time of his or her injury. A worker who is seeking permanent disability payments will benefit from hiring an experienced workers' compensation lawyer since there are rigorous proofs that must be established to win permanent disability benefits. The worker must present persuasive and compelling medical evidence that establishes that the work injury is permanent in nature and resulted in the worker's inability to return to work. An experienced workers' compensation lawyer will obtain qualified medical experts and make effective legal arguments on your behalf to establish permanent disability.

If you are injured at work in New Jersey and your employer does not have workers' compensation insurance, you can receive medical treatment and lost wages from the uninsured employer's fund, which is a fund that is set up by the State of New Jersey. To make a claim through the uninsured employer's fund, the worker should contact an experienced workers' compensation attorney since the application requires strict compliance with regard to filing and serving legal documents with the New Jersey Workers Compensation Court. Once the correct Petitions and Motions are filed and served, applications for medical treatment and wages can be upon the uninsured fund. 

Although not common, in some cases, a worker will die because of a work-related injury or illness. Under New Jersey Workers Compensation Law, if a worker dies due to a work injury, the dependents of the deceased worker can receive death benefits. This can include funeral expenses and dependency payments to the dependents. A dependent can include a spouse, biological and adopted children, disabled adult dependent children, grandparents, grandchildren, parents, and siblings. The dependents can receive up to 70% of the worker's wages at the time of the injury. If there is more than one dependent, the death benefit will be split between all of the dependents under the New Jersey Workers Compensation Law. Spouses are entitled to receive death benefits for their lifetime unless the surviving spouse remarries. Children will receive dependency benefits until the age of 18, or 23 if they are enrolled in college or trade school. Some adult children can receive benefits longer if they are disabled. The remaining dependents will typically receive 450 weeks of benefits. An experienced workers' compensation lawyer will assist you in establishing the legal requirements for dependency under the New Jersey Workers' Compensation Law.