New Jersey Workers Compensation Attorneys

You May Be Entitled To More Than Just Workers Compensation in NJ:

Our client experienced an injury at work when he placed his tool box on a dolly that had no brakes. The dolly moved.  The tool box fell crushing our client’s ankle. We sued the manufacturer of the dolly and obtained a multi-million dollar recovery for our client; far more than that he was entitled to under the workers compensation laws.  We always consider third party actions (eg. against the manufacturer of an inherently dangerous product or machinery) when there is a workers compensation claim.

Although workers compensation laws are designed to eliminate most direct lawsuits against employers and employees, many times workers are injured at work as a result of the negligence or carelessness of someone with whom he is working. That person may be employed by a different contractor or subcontractor and therefore, the injured worker would not be precluded by workers compensation laws from bringing an action to obtain full financial compensation for the pain, suffering and economic loss sustained.  Such an action can result in an award and settlement far exceeding that which workers compensation pays.

We are always analyzing on the job injuries to determine whether or not there could be potential monetary recoveries against a negligent defendant not protected by workers compensation laws. Our analysis is free and we will let you know whether or not you have such a case.

What is Workers Compensation?

Under New Jersey workers compensation law, employees who are injured in the course of their work are entitled to receive benefits regardless of who was at fault. These benefits cover employees who suffer job-related injuries or illness and include the following:

• Reasonable medical services necessary to treat the job injury or illness
• Temporary disability benefits to help replace lost wages up to statutory maximum
• Permanent disability benefits to compensate for the continued effects of the injury
• Burial and death benefits for dependents in cases of fatal injury

In some cases a dispute over how much is due – or if compensation is due at all – may arise between the injured worker and employer or between the injured worker and the employer’s insurance company. In cases of workplace injuries, it is important to contact a New Jersey workers compensation attorney to ensure that full reimbursement and medical treatment for the damages suffered is secured.

Workers compensation is insurance, taken by employers, to provide cash benefits and medical care for employees who become injured or suffer an illness as a result of their work. Employers must pay for this insurance under New Jersey law, and employees do not need to contribute to the cost of their compensation. Once it has been determined that the injury or illness incurred is work-related, the employer or insurance carrier must pay the claim.

What to Do If You are Injured At Work

If you are injured or contract an illness as a direct result of your work, you should report the injury or illness immediately to your employer. Advising your employer does not have to be in writing and can be given to your direct supervisor, personnel office, or anyone in a position of authority at your workplace.

You should also seek the necessary medical treatment to address the injury or illness. Under NJ workers compensation law, your employer and/or their insurer can choose the medical professional to treat your workplace injury. You should retain all documentation pertaining to your injury or illness as this may be needed in future to support your claim for reimbursement in NJ workers compensation settlements and cases.

Once you have notified your employer of a workplace injury, their insurance carrier will evaluate the claim and decide if they believe it is compensable under workers comp law. Its representatives will contact you, your employer, and the medical professional to aid their assessment.

The process for filing workers compensation claims can be stressful, perplexing and time consuming. Having a New Jersey workers compensation attorney guide you through can help you during this difficult time.

Can My New Jersey Workers Comp Claim Be Disputed?

In some instances, an employer or their insurance carrier may disagree over the entitlement to benefits, whether the injury or illness was work-related, the level of payment for temporary disability benefits, or to the type and extent of medical treatment required. By engaging with an experienced and professional personal injury lawyer in NJ, you will be able to effectively explore options such as filing a Claim Petition or an Application for an Informal Hearing with the Division of Workers Compensation. In this way, you can obtain the NJ workers compensation settlement or reimbursement you deserve.

If an illness or injury incurred in the workplace causes you to miss more than seven days of work, your employer’s insurers are obligated to evaluate your case. Workers compensation benefits should never be accepted before consulting with an experienced NJ workers compensation lawyer.

What is the Statute of Limitations on Workers’ Comp in New Jersey?

The statute of limitations on workers’ compensation claims in New Jersey is two years from the date of injury or when the employee first becomes aware of a work-related illness. Injured workers can file a claim and receive benefits for their damages, such as lost wages, medical bills, and other expenses. If you do not file a claim within this two-year window, then it may be denied.

The best way to ensure you receive the compensation you deserve for your workplace injuries is to retain an experienced workers’ compensation attorney who can help file your claim and isn’t afraid to go the distance and represent you in court if necessary.

Are There Exceptions to the Statute of Limitations?

Depending on your circumstances, the court may allow an extension on a case-by-case basis. For example, if you have an illness due to repetitive exposure to a toxic substance, you have a two-year window from the date you reasonably knew you had a health problem directly related to your employment.

However, it is crucial to understand that missing the deadline does not guarantee an extension and that strict conditions must be met before a judge grants one.

Time Is of the Essence

After sustaining an injury at work, it’s crucial to act quickly and hire a skilled attorney to protect your rights, including ensuring your claim is not time-barred. Even if you believe your illness or injury isn’t serious, do your due diligence by seeking legal advice.

Choosing a New Jersey Workers Compensation Attorney

At Rothenberg Law Firm LLP, we believe there is no work more fulfilling than the work we do to help our clients restore their lives.

We are a firm dedicated to serving the New Jersey area. Our values of honesty, promptness and courtesy, patience, compassion, and thoroughness support our mission to maximize our clients' recoveries and restore their devastated lives. We understand that to be effective at earning the workers compensation or third party settlements our clients deserve, we must be zealous and tireless advocates.

If you’ve experienced a work injury, contact the Rothenberg Law Firm LLP today. We are a dedicated team of NJ lawyers that are prepared to fight for you.  

Contact a personal injury lawyer in NJ today, 1-800-624-8888:

***Your initial consultation is always free.

*** We do not take a fee, unless and until we are successful in recovering money for you.