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 5 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.
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
- Nine 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.
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, as well as 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 civil lawsuit.
- Workers’ compensation claims: 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.
- Third-party personal injury lawsuits: Some workplace accidents are the result of a third party’s negligence, such as a contractor who causes an accident by committing negligent or otherwise wrongful acts (e.g. safety violations). In these situations, injured workers and families may have the right to seek justice and compensation through 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. Since these lawsuits require victims to prove that a defendant was negligent, 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 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.
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.
Can I Sue a Third Party for My Workplace Injury?
As mentioned, if you were injured at work by the negligence of a third party, you may have a valid civil court case against that third party. Examples of when these third-party cases might occur are when a worker gets injured on someone else’s property or in a traffic collision in the course of employment. Another common example is when a construction worker is hurt because of another contractor.
In New Jersey, injured workers are allowed to proceed with both a workers’ compensation case in the workers’ compensation division and a third-party case in the civil division. Our 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.
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.
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 have accumulated the experience needed to handle all types of workplace accident cases and have proven our ability to secure successful results, including:
- $3 million workplace accident settlement obtained in a civil court case involving a 31-year-old ironworker who suffered a serious head injury when he was struck by a cinder block at work on a construction site.
- $2.65 million settlement in a third-party case brought against the New Jersey Department of Transportation (NJDOT). 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 in construction. Our firm was able to overcome the barriers presented by state laws that prohibit injured workers from bringing claims against an employer or coworker by seeking liability from NJDOT.
- $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 required surgery to treat her injuries. 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 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 nine 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.
Personal Injury Settlement $1,000,000
Mark Kuminski of our office represented a client who was injured at work, while unloading a tractor trailer. As a result of the incident, the plaintiff re-injured his lower back, for which he had previously undergone surgery ten years earlier. Following this incident, the plaintiff was required to undergo a second surgery. He was unable to return to work as a combination of the injuries sustained in this accident, as well as a unrelated health condition.
Worker's Compensation Settlement $1,000,000
A 33-year-old sanitation worker suffered severe and debilitating injuries when he was caught in a garbage compactor while working for the City of Linden. The garbage compactor had insufficient warning devices, so our client was unaware that the tail gate was descending. It was alleged at the time of trial that the lack of sufficient warning devices made the garbage compacter a defectively designed product under New Jersey Products Liability law, and therefore our client was entitled to compensation.
Worker's Compensation Settlement $1,000,000
A worker fell from a roof, resulting in severe back injuries and future disabilities. Through expert testimony, it was established that the defendant should have provided workers with fall protection to prevent this type of accident. Settlement was agreed to during trial.
Work Injury Verdict $739,034
A woman tripped and fell in the parking lot at her workplace in Princeton, causing her to undergo surgery. Partner Jim Dunn of the Hillsborough office was able to prove that the property owner was negligent in the way that they constructed the premises so as to cause a dangerous condition. A Somerset County jury awarded verdicts for both the medical bills and the plaintiff's pain & suffering.
Personal Injury Settlement $575,000
Mark Kuminski handled this case for the plaintiff, who was injured at work when he slipped and fell on a wet floor, injuring both knees. The floor outside his office had recently been mopped by an outside contractor, and the wet floor signs were placed by the defendant in such a manner that they would not have been readily observable as the plaintiff exited his office. The plaintiff aggravated preexisting conditions in both knees, for which he had previously undergone multiple knee surgeries. As a result of
Personal Injury Settlement $550,000
Plaintiff, a 30-year old warehouse manager, sustained a severely lacerated arm with resulting scarring when a strap he was using ripped apart during a loading procedure. The lawsuit was filed against the manufacturer and retailer of the strap, both of whom denied responsibility. After a trial on liability, a civil jury agreed with the plaintiff that the retailer had improperly warranted the utility of the product. Shortly thereafter, the case was settled for $550,000.00 by Richard Levinson.
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.
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