Jamesburg Workers’ Compensation Attorneys

Fighting for Injured Workers in Jamesburg, NJ

When Jamesburg employees are injured on the job, they typically will need to rely on their employer’s workers’ compensation benefits to get by while they recover. Unfortunately, many workers are met with resistance when they try to file a claim for these benefits. They have applications rejected which can make them wary of filing them in the first place. They may be mistreated on their job site and worry that they will be fired or suffer in other ways should they file for benefits.

Our Jamesburg workers’ compensation attorneys know that all workers deserve to know their rights, whether they are injured or not. We are passionate about making sure those who have been injured do not stand alone against their employer’s powerful insurance company. We believe in leveling the playing field for injured workers, so that they can focus on what is most important, their healing.

Contact us today at (732) 655-8310 for a free case review.

Am I Eligible for Workers’ Compensation in NJ?

You may be entitled to workers’ compensation in New Jersey following a work injury or work-related occupational disease. Workers in the private industry, as opposed to federal employees or those in certain industries, are usually protected by these benefit programs as a means to mitigate litigation and connect injured employees to the income and health benefits they need after an illness or injury.

Although there are some employment relationships and certain circumstances that may get in the way, most New Jersey employers are legally required to hold workers’ compensation insurance. As such, if you believe your illness or injury may be covered, you should be able to obtain the medical and wage benefits you need to recover without facing needless litigation.

What is Covered Under a Workers Comp Settlement?

There are 3 types of workers’ compensation benefits which an applicant may receive from their settlement. Under certain circumstances, depending on the severity of your situation, you may recover all three categories in your settlement.

Medical Expenses

Medical expenses will cover all the payments you made for medical treatments such as hospital care, surgery, chiropractic care, prescription medications, and others. If injuries prove too extensive or serious for one form of treatment, the insurance policy may cover others forms of ongoing care as well. The last thing an injured person should do after an on-the-job accident is to not see a doctor based on concerns over cost.

Lost Wages

If an applicant’s workers’ compensation claim is approved, the following benefits will cover a portion of the paychecks they lost as a result of their injury during their partial or full disability. The payments will not be as high as the original check. The average weekly wage of the last 26 weeks before the date of the accident may be established under certain circumstances. They are: The Date of Disability is the Day Following the Accident

• Permanently Partially Disabled Making Less Weekly Income Than at the Time of the Accident

The payments for workers’ compensation benefits will last up until 450 weeks.

Death & Specific Loss

Death benefits, are intended to help a deceased worker’s family cover final expenses and household expenses. They can provide temporary wages for a nominal amount of time. A family will not receive these benefits until the worker has passed away.

Specific loss benefits will be considered if one of the following medically diagnosed losses occur in the following parts of the body. Loss or Loss of Use of:

• Toes
• Foot
• Leg at or Above the Knee
• Eye
• Forefinger
• Middle Finger
• Ring Finger
• Little Finger
• Loss or Loss of Use of Hearing in One Ear

The payments will not be as high as the original paycheck either, because not only will the benefits only cover the necessary medical treatment, the loss of wages, and if the first 7 days of disability do not keep one out of work for more than 14 days.

How to File for Workers' Compensation in New Jersey

Filing a workers' compensation claim in New Jersey involves several crucial steps. Here’s a comprehensive guide:

1. Report Your Injury: The first step is to report your injury to your employer. New Jersey law requires that you inform your employer of the injury as soon as possible. This notification can be verbal or written, but it is crucial to document the report and keep a copy for your records. Delays in reporting can complicate your claim and potentially impact your eligibility for benefits.
2. Seek Medical Treatment: After reporting your injury, seek medical attention immediately. It is important to visit a healthcare provider who can assess and document your condition. Make sure to inform your healthcare provider that your injury is work-related. The medical records will be essential in substantiating your claim and ensuring you receive appropriate treatment.
3. File a Claim Petition: To formally initiate your claim, you need to file a claim petition with the New Jersey Division of Workers' Compensation. This petition includes detailed information about your injury, your employer, and the nature of your claim. It is advisable to file this petition as soon as possible to avoid any delays in receiving benefits.
4. Provide Documentation: Supporting documentation is critical for a successful workers' compensation claim. This includes medical records, a copy of your injury report to your employer, any communication related to the injury, and proof of lost wages if applicable. Keeping thorough records and documentation can strengthen your case and help expedite the claims process.
5. Attend Hearings: In some cases, you may need to attend hearings before a workers' compensation judge. These hearings are part of the process where you present evidence, and the insurance company or employer may contest your claim. It is essential to be prepared and provide clear, compelling evidence to support your case.

How a Lawyer Can Help

Navigating the workers' compensation process can be complex and overwhelming. Having a knowledgeable Jamesburg workers' compensation lawyer on your side can make a significant difference in the outcome of your claim.

Here’s how we can assist you:

• Expertise and Guidance: Our experienced attorneys at Levinson Axelrod, P.A. have in-depth knowledge of New Jersey's workers' compensation laws. We can guide you through the entire process, from filing the initial claim to attending hearings and appealing denied claims. Our expertise ensures that your case is handled correctly and efficiently.
• Ensuring Proper Documentation: One of the critical aspects of a successful workers' compensation claim is providing accurate and thorough documentation. We assist in gathering and organizing the necessary paperwork, medical records, and other evidence needed to support your claim. Proper documentation can significantly impact the approval of your claim.
• Negotiating with Insurance Companies: Insurance companies often seek to minimize their payouts and may offer settlements that are less than what you are entitled to. Our attorneys are skilled negotiators who will advocate on your behalf to secure a fair and reasonable settlement. We understand the tactics used by insurance companies and will work to ensure you receive the compensation you deserve.
• Handling Denied Claims: If your claim is denied, it is crucial to understand your options for appealing the decision. Our legal team has experience in handling denied claims and can help you navigate the appeal process. We will review the reasons for the denial, gather additional evidence if needed, and represent you during the appeal to improve your chances of a successful outcome.
• Providing Support and Advocacy: Dealing with a work-related injury can be stressful, both physically and emotionally. Our team at Levinson Axelrod, P.A. provides compassionate support and advocacy throughout the process. We are here to address your concerns, answer your questions, and provide the reassurance you need during this challenging time.

Call us at (732) 655-8310 or fill out our online contact form to get started.