In 2023, there were 133,726 work-related accidents reported in New Jersey, according to the Department of Labor and Workforce Development. If you suddenly find yourself among this crowd: unable to work due to a job-site injury, facing mounting medical bills, and unsure of the direction to seek help, Workers’ Compensation may be the solution you need. As New Jersey Workers’ Compensation lawyers, we are here to guide you through the tricky process of cutting through the red tape and getting your benefits. Our team of reputable attorneys wants to fight for your rights!

Workers’ Compensation Laws in New Jersey

First and foremost, Workers’ Compensation is a type of insurance that provides benefits to employees who are injured or become ill because of their job. In New Jersey, the Workers’ Compensation system is designed to provide medical benefits, income replacement, and other support to employees who suffer work-related injuries or illnesses. As an injured worker, start by knowing your rights, responsibilities, and the law.

The New Jersey Workers’ Compensation Act covers most employees who suffer work-related injuries or illnesses. From construction workers and factory employees to office personnel and healthcare professionals, the act extends to a wide range of industries and occupations. Independent contractors are rarely covered under Workers’ Compensation laws (but sometimes). To determine whether you are eligible for benefits, speak to a helpful New Jersey Workers’ Compensation lawyer like Levinson Axelrod.

Types of Workers’ Compensation Benefits

These are the benefits available in New Jersey:

• Medical Benefits: This covers the cost of reasonable and necessary medical treatment, including doctor visits, surgeries, medications, physical therapy, and assistive devices.
• Temporary Total Disability Benefits: If your injury prevents you from working for more than seven days, you may be entitled to temporary total disability benefits. These benefits are calculated at a rate of 70% of your average weekly wages, up to the statewide maximum. Temporary total disability benefits continue until you can return to work or reach maximum medical improvement.
• Permanent Partial Disability Benefits: If your injury results in a permanent impairment but does not completely prevent you from working, you may be eligible for permanent partial disability benefits. This type of benefit compensates you for the loss of function or mobility of a specific body part.
• Permanent Total Disability Benefits: In cases where your injury or illness prevents you from ever returning to work, you may be entitled to permanent total disability benefits. These benefits provide ongoing compensation if you are completely out of the workforce. These benefits may come from the carrier as a “total last accident” claim, or in partnership with the Second Injury Fund.
• Death Benefits – if someone were to pass away as a result of an accident or illness arising from the course of their employment, their dependents would be entitled to dependency benefits, and help with funeral costs.

When you initially see the authorized healthcare provider, they will evaluate your condition, provide necessary medical treatment, and determine if you are eligible for the temporary disability benefits. These benefits will compensate you for lost wages during your recovery period. Be sure to follow the prescribed treatment plan and attend all medical appointments to improve your chances of receiving the maximum compensation possible.

The Workers’ Compensation Process in New Jersey: What You Need to Know

Workplace injuries can be life-altering events, and navigating the Workers’ Compensation system can feel overwhelming. Understanding the proper steps to take after an injury is crucial to protect your rights and secure the benefits you deserve.

• Report Your Injury Promptly - New Jersey law requires you to notify your employer within 90 days of your accident or 90 days from when you became aware of an occupational disease. Timely reporting is essential to establish your claim – and the sooner the better!
• Seek Appropriate Medical Treatment - Your employer may designate specific healthcare providers for work-related injuries. Always be sure to ask the staff for copies of prescriptions or notes if they are available. The more we have to document your treatment, even before requesting the records, the easier it will be to secure treatment if something changes.
• File a Claim Petition When Necessary - If your employer or their insurer fails to provide adequate benefits or is unresponsive, you can file a Claim Petition with the Division of Workers’ Compensation to formally initiate the legal process. You have two-years from the last payment of benefits to file a claim with the Court. If the insurance company did not pay any benefits, then the date to use is the date of the accident. This is known as the Statute of Limitations. If a claim is not filed within this time, you will be forever barred from seeking compensation.
• Participate in the Discovery Phase - During this evidence-gathering period, having experienced legal representation from firms like Levinson Axelrod can ensure your interests are protected while documents are exchanged and witnesses interviewed.
• Prepare for Court if Needed – When settlement attempts fail, your case will proceed to a Trial where a judge will evaluate the evidence and decide your claim. The biggest issue in most cases is the nature of permanent disability. Be sure to note those activities of daily living that you have had to change or modify because of this accident or illness.

Taking the correct steps after a workplace injury can significantly impact the outcome of your Workers’ Compensation claim. Mistakes or delays may result in reduced benefits or even denial of your claim.

Need a New Jersey Workers’ Compensation Attorney?

If you were injured on the job, you can benefit from having a trusted New Jersey Workers’ Compensation lawyer on your side. At Levinson Axelrod, we have a proven track record of helping injured people throughout the state secure the Workers’ Compensation benefits they deserve. Our team of experienced New Jersey lawyers is dedicated to fighting for your rights and ensuring that you receive the maximum compensation you are entitled to. We have seen firsthand the challenges you are facing and will guide you through every step of the process so you can focus on healing. To speak to a trusted Levinson Axelrod attorney about your jobsite injury, call us at 732-440-3089 or contact us online.