New Jersey Workers' Compensation Attorney
Hurt at Work? Call Levinson Axelrod!
A work-related injury can be damaging and painful. If you were injured on the job, don't wait to contact our workers' compensation lawyers in New Jersey. Since our firm was founded in 1939, we’ve leveraged extensive experience and resources to guide clients injured in all types of accidents through their legal journeys, and have recovered more than $1 billion in compensation on their behalves.
At Levinson Axelrod, we also have attorneys who are certified by the Supreme Court of New Jersey in workers' compensation law. Our lawyers are specialists in this particular field, obtaining additional education and taking more tests to prove their knowledge. When you hire our firm after a workplace accident, you can rest assured you will receive quality legal representation for your workers' comp claim.
Why Choose Levinson Axelrod, P.A.?
- Over $1 billion in compensation recovered for clients
- More than $350 million recovered in the last 5 years
- Serving New Jersey and beyond since 1939
- 8 office locations led by a board-certified attorney
- Award-winning legal team recognized for notable results
Backed by decades of collective experience, we have the tools and resources to help victims harmed in workplace accidents secure the compensation they need through any available means. Whether you’re pursuing benefits through workers’ compensation insurance or filing a personal injury lawsuit against a negligent third party, you can trust in our team to guide you through these difficult times.
Our award-winning attorneys serve clients throughout New Jersey from multiple locations and offer services in English, Spanish, German, Greek, Hungarian, Russian, and Portuguese. Give us a call today at (732) 440-3089 for a FREE review.
Your Rights After a Workplace Accident
Following a workplace accident, one of the most important rights you have is your right to legal representation. Accidents and injuries can create tremendous setbacks for victims and families, and make complex and foreign legal proceedings even more difficult.
With bold and unwavering advocates by your side, you can pursue the compensation you need through the most appropriate means – whether that requires navigating the workers’ comp process or filing a personal injury lawsuit.
Workers’ Compensation – Workers’ compensation is a no-fault insurance system that provides injured workers with benefits to cover their medical treatment, rehabilitation, and a portion of their lost income. Because workers’ comp is no-fault, workers have the ability to receive benefits regardless of who caused their accident and injuries. However, the claim process is challenging and requires workers to provide ample documentation and meet extensive requirements. We assist clients with both initial workers’ comp applications and appeals.
Third-Party Personal Injury Lawsuit – Some workplace accidents are the result of a third party’s negligence, such as a contractor who causes an accident as a result of their negligent or wrongful acts, including safety violations. In these situations, injured workers and families may have the right to seek justice and compensation by pursuing civil lawsuits. These cases are handled in civil court and allow for financial recoveries beyond what workers’ compensation provides, such as damages for pain and suffering. However, they require victims to prove a defendant was negligent, which means legal representation and clear and convincing arguments are critical.
Types of Workers' Compensation Benefits
In the State of New Jersey, you generally cannot file a civil lawsuit against your employer or co-employee when you are injured on the job or develop an occupational disease.* However, you can secure benefits through workers' comp.
New Jersey law provides injured workers with four benefits:
- Medical Benefits – The employer should provide coverage for medical treatment to cure and relieve the effects of the injury. The carrier controls the treatment. However, in emergencies, the injured employee should go to a hospital.
- Temporary Disability Benefits – If an employee sustains an injury that stops them from working for more than seven calendar days, temporary disability can cover lost wages.
- Benefits for Permanency – If an employee is permanently disabled or suffers permanent residuals because of a work injury, they may seek benefits based on the nature and extent of their injury.
- Death Benefits – If an employee dies because of a work-related injury, their dependents are eligible for death benefits. This includes funeral expenses. Dependents include legal spouses and natural children.
If the injury renders a worker totally and permanently disabled from any job, they may be eligible for payments for the rest of their life. These payments may come from the carrier alone, or from the State of New Jersey Second Injury Fund.
Who is Eligible for Worker’s Comp in New Jersey?
Workers’ compensation offers benefits to those injured on the job and those who develop occupational diseases, regardless of who is at fault. An employee is eligible for workers' compensation regardless of if they work full-time or part-time. And, you do not have to be employed for any specific length of time. However, independent contractors, consultants, and freelancers are not eligible for workers' compensation.
Eligible work-related injuries can include:
- Getting into an accident when you go to pick up office supplies
- Sustaining an injury while on performing a task on your company’s premises
- Occupational exposures or stresses in the course of work
The injury must have happened because of a task related to work. If you suffer an injury outside of work or job-related tasks, you will not qualify for workers' compensation. Additionally, it does not matter who is at fault for the work-related accident. However, if you knowingly committed an act to get hurt, you will not be eligible for compensation.
Can I Sue a Third Party for My Workplace Injury?
If you were injured at work, not by the negligence of your employer or the conduct of a co-employee, but by the negligence of a third party, you may have a negligence case against that third party in civil court. These cases are called third-party cases. You are allowed to proceed with both a workers’ compensation case in the workers’ compensation division and a third party case in the civil division.
Examples of when these types of cases might occur are when a person gets injured on someone else’s property at work, a car accident in the course of employment, a construction worker hurt because of another contractor or an employee injured by a machine. We can help you determine if this type of case exists and represent you for both the workers’ compensation case as well as any potential third party claim.
How To Protect Your Potential Claim
Here’s what to do if you are injured at work:
- Report any accident or injury as soon as possible to your employer (within 14 days).
- Seek medical attention promptly.
- Keep a record of the accident. Make detailed notes with the names and addresses of all involved.
- Speak with a New Jersey workers’ compensation attorney as soon as possible.
Workers’ compensation cases can be tricky, especially if they occur on the way to work, on the way home from work, or during your lunch hour. No matter what the circumstances of your accident, you have rights, and you deserve to know what those rights are.
Proven Results in Workplace Accident Cases
Workplace accident cases are known for their complexity, and for the need to carefully investigate incidents and determine the best avenue for recovery. Over the 80 years our firm has been serving injured victims, workers, and their families, we’ve accumulated the experience to handle all types of workplace accident cases, and have proven our abilities to secure successful results, including:
- $3 million workplace accident settlement obtained in a personal injury case involving a 31-year-old ironworker who suffered a serious head injury when he was struck by a cinder block while working on a construction site.
- $2.65 million settlement in a personal injury case brought against the NJ Department of Transportation. Our client suffered serious injuries, including the amputation of one leg, when an empty vehicle left in neutral struck our client while he was working on a construction site. Our firm was able to overcome the difficulties of New Jersey laws prohibiting injured workers from bringing claims against an employer or co-employee by seeking liability from the DoT.
- $1.2 million construction accident settlement obtained on behalf of a construction worker who was injured and required neck surgery after being rear-ended by a dump truck.
- $739,000 workplace accident verdict secured for a client who fell in the parking lot of her workplace and as required to undergo surgery. Our firm was able to effectively prove the property owner was negligent in constructing the premises and creating a dangerous condition. A Somerset County jury awarded damages for our client’s medical expenses and pain and suffering.
Contact Levinson Axelrod, P.A. Today
Our team at Levinson Axelrod, P.A. has dedicated our professional careers to fighting for the injured – and have proven that our experience, resources, and unrelenting determination can make the difference for clients when it matters most.
If you wish to discuss a potential workplace accident case, your rights, and how our firm may be able to help you with a workers’ compensation or third party personal injury case, contact us for a free and confidential consultation.
We are your neighborhood lawyers for workers’ compensation cases. Levinson Axelrod, P.A. serves clients throughout the State of New Jersey. Feel free to meet with us at one of our eight convenient neighborhood locations, or contact us today to discuss your claim.
*In very rare circumstances in which the employer has intentionally injured or willfully exposed a worker to a known danger, there may be a civil case against an employer. We can evaluate those circumstances as well.