East Brunswick Workers’ Compensation Lawyer

Defending Your Rights as an Employee in East Brunswick

A job-related injury can leave you struggling to survive, unable to work and earn a living. The New Jersey workers’ compensation system is a “no-fault” insurance program that provides benefits to employees who suffer a job-related injury or illness.

The benefits provided under the system include:

The amount in benefits is only a portion of your wages and is often far less than you and your family need to survive. In many work-related accidents, a third party may hold responsibility for what occurred, which allows you to file a lawsuit against that party and recover far more in damages. The first step is a full evaluation of the facts in your case.

Understanding your rights and available resources is crucial. Many workers are unaware that they may be entitled to additional compensation through third-party claims, which can significantly increase the compensation received. By consulting an experienced workers' compensation lawyer, you can explore all possible avenues for recovery and ensure your rights are well protected. This assistance is particularly vital given the complexities and potential challenges of workers’ compensation claims.

Call our East Brunswick workers’ compensation lawyer today at (732) 338-0785 for a free consultation to discuss your case, or contact us online.

Understanding the New Jersey Workers' Compensation Process

Navigating the workers' compensation process in New Jersey involves several steps that must be carefully followed to ensure benefits are received. Initially, injured employees must report the injury to their employer promptly. 

This report triggers the employer's obligation to notify their insurance carrier and begin the claims process. Failure to promptly report an injury can jeopardize entitlements to workers’ compensation benefits, making timely notice a crucial first step.

Once a claim is initiated, the insurance company evaluates it to determine eligibility for benefits. During this evaluation, thorough documentation such as medical records and accident reports is crucial. In New Jersey, employees have the right to seek benefits for medical treatment, wage replacement, and compensation for permanent injuries.

Engaging a knowledgeable attorney can be invaluable during this stage as they can facilitate communication with insurers and ensure all necessary documents are submitted, reducing the likelihood of delays or denials.

Common Missteps in Workers' Compensation Claims

Workers often face numerous pitfalls when pursuing compensation claims. One common mistake is not seeking immediate medical attention, which not only impacts health but also weakens the link between the work incident and the injury in the eyes of insurers. 

Another misstep is failing to follow the treatment plan prescribed by medical professionals, as insurers can use this as a basis to deny or discontinue benefits. Communicating with insurers without legal representation can also present challenges. Employees may inadvertently make statements or sign documents that could undermine their claims. 

Legal guidance can help employees avoid these pitfalls by handling communications and ensuring their rights are advocated. Additionally, understanding the potential for third-party claims can increase compensation but is often overlooked without professional legal advice.

Frequently Asked Questions About Workers' Compensation in East Brunswick

What Benefits Are Available Under Workers' Compensation in New Jersey?

New Jersey workers’ compensation provides several types of benefits, including medical care, temporary total benefits (providing two-thirds of your average weekly wage), permanent partial benefits for lasting injuries, and permanent total benefits if injuries prevent any future work. These benefits are designed to support injured workers in their recovery and return to work, but understanding eligibility and maximizing these benefits often requires expert legal assistance.

How Long Do I Have to File a Workers' Compensation Claim?

In New Jersey, the statute of limitations for filing a workers' compensation claim is generally two years from the date of the injury or the date of the last received benefit. This period emphasizes the importance of timely action in pursuing claims. Claims involving repetitive stress injuries or occupational diseases often have different onset timelines, requiring legal insight to effectively navigate.

Can I Choose My Own Doctor for Work Injury Treatment?

Under New Jersey's workers' compensation laws, the employer or their insurance carrier typically has the right to select the treating physician. However, workers can request to change their doctor if unsatisfied with the care provided. Seeking legal counsel can help ensure your rights are honored and potentially facilitate access to suitable medical treatment under your compensation plan.

Is It Possible to Receive Compensation for a Preexisting Condition?

New Jersey’s workers’ compensation law allows for claims if a work incident aggravates a preexisting condition. Proof is required to establish the link between the workplace incident and the worsening condition. A detailed medical evaluation confirming the work-related aggravation can bolster a claim, which can be complex without professional advocacy.

What Happens if My Workers' Compensation Claim Is Denied?

If a workers’ compensation claim is denied, the employee can file a claim petition or an application with New Jersey’s Division of Workers’ Compensation. These actions initiate a legal process that may involve hearings and require substantial evidence. Partnering with an attorney can be pivotal for navigating this process and improving the likelihood of overcoming a denial.