Workers’ Compensation Law in New Jersey
Woodbridge Workers’ Compensation Lawyers Explain What Workers Need to Know
Every year, around 35,000 to 50,000 hurt workers file workers’ compensation claims in the state of New Jersey. New Jersey workers’ compensation laws protect workers injured on the job. Workers’ compensation can provide medical benefits, temporary disability benefits, permanent partial benefits or permanent total benefits if an employee gets hurt at work, regardless of who is at fault. Workers’ compensation may also provide death benefits to families who lose loved ones in fatal workplace accidents or because of an occupational illness.
A workplace injury can cause significant physical, financial and emotional stress. If you have suffered a workplace injury, you may wonder what benefits are available to you as an employee in the state of New Jersey. The Woodbridge workers’ compensation lawyers of Spevack Law Firm are dedicated to helping injured workers understand how New Jersey workers’ comp laws protect their right to financial compensation, medical treatment and more. Since opening the doors to our law office in 1928, we have helped workers take the right steps in obtaining the maximum compensation their workers’ comp policies allow.
Timing is critical. After getting hurt performing the required duties of your job, take the steps to protect your right to fair workers’ compensation benefits. Call our law firm today.
What Workers’ Compensation Benefits are Available in New Jersey?
Employers must provide benefits depending on the extent of the workplace injuries. New Jersey workers’ compensation laws set the amount of benefits provided to injured workers.
Benefits may include providing compensation for the medical care of a work injury, such as prescription costs, diagnostic testing, hospital stays and surgery. A doctor chosen by your employer typically provides medical benefits covered under you workers’ comp policy. If you need emergency medical attention from a different doctor, let your employer know.
Depending on the severity of the injury, your employer may also be required to provide temporary or permanent disability benefits to make up for your inability to work.
You may be able to receive temporary disability benefits if you have been unable to work for at least seven days. Temporary disability benefits provide you with up to 70 percent of your original income while you are unable to work.
If you are permanently disabled due to your work-related injuries, you may be eligible for permanent disability benefits. Permanent disability benefits can be either permanent total or permanent partial:
- Permanent partial benefits are paid to workers who are not completely impaired in their ability to work and go about daily life. Permanent partial benefits pay up to 70 percent of your original income or a portion of your lost income.
- Permanent total disability benefits are paid to those who are unable to return to work, and can be paid up to 450 weeks. After 450 weeks, workers must show that they unable to make their previous earnings to still be eligible for permanent total disability benefits.
If you are unsure what kind of workers’ comp or disability benefits you are entitled to claim, the experienced Woodbridge workers’ compensation lawyers at the Spevack Law Firm want to help. Our work injury attorneys can further explain what workers’ compensation benefits may be available to you and for your unique situation during a claim consultation.
Can I Sue My Employer for a Work Injury?
Workers’ compensation insurance protects both employees and employers. Under New Jersey workers’ compensation law, every employer is required to carry workers’ compensation insurance or be self-insured. Both options allow workers hurt on the job to can gain financial benefits during recovery until they reach maximum medical improvement.
Due to New Jersey workers’ compensation statute that provides all workers hurt on the job with benefits, employees generally cannot sue their employer for damages even if the employer is at fault. In very limited situations, a worker may have grounds for a lawsuit outside of workers’ compensation if an employer intentionally caused the workplace injury.
Workers hurt by a third party, or a person or company that is not a direct employee of the employer, may be entitled to file a personal injury claim for damages outside of workers’ compensation. This personal injury claim may be against a contractor or manufacturer of defective equipment, also known as a third party liability lawsuit.
When to Hire a Workers’ Comp Lawyer
Gaining full compensation in a workers’ compensation claim is something a workman comp lawyer can help ensure. More importantly, having a workplace injury lawyer will be an invaluable asset in any of the following situations:
- An employer denies your workers’ comp claim by alleging that your injury is not work related
- An employer partially denies your workplace injury claim by dismissing part of your medical bills as unnecessary or unrelated to the injury
- You are discriminated against for filing a workmans comp claim or for testifying on a workers’ compensation case
While it would be ideal if every employer cooperated with workers’ compensation law, you may need the help an experienced workers’ compensation attorney. To learn more about the benefits you are entitled to under New Jersey workers’ comp laws, contact the Woodbridge workers’ compensation lawyers at the Spevack Law Firm today. We can point you in the right direction and advise you about whether hiring an attorney to represent your claim is in your best interest. There is no obligation to hire us to receive this guidance, so call or fill out our online case review form now!