New Jersey Workers' Compensation Attorneys
Injured at Work? Call Levinson Axelrod, P.A.
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 our extensive experience and resources to guide clients injured in all types of accidents through their legal journeys. What’s more, in the past five years alone, we have recovered more than $350 million in compensation on behalf of our clients.
At Levinson Axelrod, P.A. we also have attorneys who are certified by the Supreme Court of New Jersey in workers' compensation law. Our lawyers are, therefore, uniquely qualified 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.
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Why Choose a Levinson Axelrod, P.A. Lawyer?
At Levinson Axelrod, P.A, our lawyers bring a wealth of experience to the table:
- 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
- 10 office locations led by a board-certified attorney
- Award-winning legal team recognized for notable results
Backed by decades of experience, we help workplace accident victims pursue compensation through any available means. Whether you are pursuing benefits through workers’ compensation or filing a personal injury lawsuit against a negligent third party, you can trust 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 case review.
What is 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 a no-fault policy, workers have the ability to receive benefits regardless of who caused their accident and injuries. Still, the claims 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.
Who Is Eligible for Workers’ 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 they do not have to be employed for any specific length of time. On the other hand, 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 performing a task on company premises.
- Occupational exposures or stresses in the course of work, including COVID-19 exposure.
Please note: The injury must have happened because of a task related to work for you to qualify for workers' compensation. Moreover, if you knowingly committed an act to get hurt, you will not be eligible for compensation.
What Benefits Can I Receive Under NJ Workers’ Compensation?
In the state of New Jersey, you generally cannot file a civil lawsuit against your employer or coworker 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, but 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 benefits 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, among others.
If the injury renders a worker totally and permanently disabled to the degree that they cannot work in any field, they may be eligible for payments for the rest of their life. These payments will typically come from the carrier or the state Second Injury Fund.
Can I Sue a Third Party for My Workplace Injury?
Some workplace accidents are the result of a third party’s negligence, such as an outside contractor or a property owner. In these situations, injured workers and families may have the right to seek justice and compensation through civil lawsuits, allowing for financial recoveries beyond what workers’ compensation provides, such as damages for pain and suffering. Since these lawsuits require victims to prove that a defendant was negligent, legal representation and clear and convincing arguments are critical.
The NJ workers' comp attorneys at Levinson Axelrod, P.A. can help you determine if you qualify for a third-party case, as we have experience pursuing workers’ comp claims and civil lawsuits.
Your Rights After a Workplace Accident
Accidents and injuries can create tremendous setbacks for victims and families, as well as make complex and foreign legal proceedings even more difficult. By understanding your rights after a workplace injury, you can take action to ensure you receive the benefits you deserve.
- Right to legal counsel: Following a workplace accident, one of the most important rights you have is your right to legal representation. Hiring an attorney does not harm your workers' comp claim.
- Right to medical care: If your injury was sustained during the course of your job duties, workers' comp should cover all costs associated with the treatment of your injury -- cost of treatment should NEVER prevent you from getting the care you need.
- Right to medical leave: Workplace injuries can take weeks or even months to fully heal. If your injury prevents you from returning to work for more than seven days, you may be entitled to temporary total disability benefits which are 70% of your average weekly wage (max/min limits also apply).
- Right to job security: Under New Jersey workers' comp law, it is illegal for your employer to terminate you or discriminate against you for filing for workers' compensation. If your employer is retailiating against you, contact our firm immediately!
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 civil lawsuit.
How to Protect Your Potential Case
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 you can.
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 the circumstances of your accident, you have rights, and you deserve to know what those rights are.
Contact Levinson Axelrod, P.A. Today
Our team at Levinson Axelrod, P.A. has dedicated our professional careers to fighting for the injured, and we have proven that our experience, resources, and unrelenting determination can make a huge 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 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.
Call us at one of our 10 convenient locations or contact us online 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.
Levinson Axelrod, P.A. is committed to helping good people through difficult times. We build real relationships and make communication a priority to provide the best possible service and results.