If you have been injured on the job it is likely that you will have the option to consider a settlement negotiated by your attorney with your employer’s Workers’ Comp insurance company. Given this opportunity it is very important to make every decision wisely, and doing so with the assistance of your experienced attorney will…… Read More
When a person who lives in New Jersey suffers a work-related injury and files a Workers’ Compensation claim to cover their medical costs and related expenses, the claims process is very different than it would be for someone injured while working in a state like California. That’s because each state has its own Workers’ Compensation…… Read More
Uber, the major online transportation company, has resolved two class action lawsuits by drivers who wanted the company to make changes to improve work conditions and provide Uber drivers with “employee” status. The lawsuits were filed in California and Massachusetts. Uber, which is based in San Francisco, CA, provides online car services across the country.…… Read More
I got hurt on the job. Can I sue my employer?
There are almost no circumstances under which you can sue your employer if you are hurt on the job in Essex, Union, Middlesex or Hudson counties or anywhere else in New Jersey. The NJ Workers’ Compensation system covers those injuries by providing medical treatment when appropriate, replacement pay and a cash award if you are left with a permanent injury after the treatment is complete and you have returned to work. There are some exceptions. Please contact Team Law to learn more about your rights.
If I file for Workers’ Compensation in NJ, will I have to go to court?
Yes. Under the New Jersey Workers’ Compensation law, all cases must be approved by a NJ workmans comp judge. In almost all cases, however, you will not have to appear in court more than one time. Team Law will be by your side throughout the entire in-court hearing process.
Can they make me return to work before I’m ready?
Very often, the insurance company’s doctor will declare you ready to return to work before you feel you are ready. This is a highly debated and extremely complicated area of the Workers’ Comp law. You should consult a Team Law attorney to discuss the specifics of your case. We will deal with the insurance company on your behalf.
Can my boss fire me for filing a Workers’ Comp Claim?
It is against the law in NJ for an employer to punish or discriminate against you in any way for pursuing your rights under Workers’ Compensation law. If you were hurt at work and fired after filing claim, or otherwise feel you are being punished for filing a claim, contact Team Law immediately to discuss the specifics of your situation.
Does the Workers’ Compensation System allow me to choose my own doctor?
No. Under NJ Workers’ Comp law, your employer and its Workers’ Comp insurance carrier get to choose the doctor(s) who treat you. However, in some rare situations, this can be challenged. Talk to a Team Law Workers’ Comp lawyer to learn more about this.
How much replacement pay can I get?
NJ law requires your employer to pay you 70 percent of your average weekly wages (up to a maximum amount determined by the State of NJ each year) for up to 400 weeks.
Can they send me back to work on light duty?
Yes. If your Workers’ Compensation doctor believes you can return to work with light duty restrictions and your employer says they will accommodate those restrictions, you must return to work to perform light duty. However, this determination by the doctor can be challenged under certain circumstances. Talk to a Team Law attorney about your rights.
Can I work at all while I’m collecting Workers’ Comp replacement pay benefits?
No. If you are collecting Workers’ Comp replacement pay, you cannot work at all, nor can you attend any educational programs. Failure to comply may be considered fraud. You can, however, switch jobs while you are under medical treatment by the authorized NJ Workers’ Compensation doctor.
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You get up every morning and go to work to earn a living and provide for your family. However, if you get injured at work, your health and your family’s ability to make ends meet may suffer dramatically. Workers’ Compensation benefits are available to help employees who have workplace injuries. The benefits pay for medical and living expenses. However, although New Jersey labor laws require your employer to provide you with Workers’ Comp insurance, laws do not dictate the way insurance companies handle claims. Often, these companies will fight injured workers every step of the way in an effort to limit their own liability and expense. Allow us to deal with the insurance companies on your behalf.
Team Law’s Workers’ Compensation lawyers believe hard-working NJ residents in Edison, Elizabeth, Newark and Orange, who have been injured at work, should not have to face the fight of their lives going up against insurance companies. When you are out of work because of an injury, Team Law will go to work for you. If your loved one suffered an untimely death due to a workplace accident, we will make sure the family is compensated with death benefits. We’ll take on your fight and work tirelessly to get you the Workers’ Compensation benefits you deserve and need so that you can focus on your health and not your bills. We will make sure that all deadline are met and can also re-open an existing Workers’ Compensation claim.
What are Workers’ Compensation Benefits?
It makes sense to think that if you have been injured on the job, you can legally hold your employer responsible. This is not true; you cannot sue your employer for injuries sustained at work. You may, however, be able to file a third party liability lawsuit. Your Team Law workers’ compensation lawyer can explain your rights.
That being said, regardless of how you were injured in the workplace, you can file for Workers’ Compensation benefits. Your New Jersey employer is required by law to have an insurance policy in case you do get injured. This policy should provide several benefits, including:
Medical Benefits: You will receive medical treatment, including doctors’ visits, tests, and surgeries or rehab that might be required. Your employer chooses the doctor who will treat you; you don’t get to use your own physician. The workmans comp policy will pay for your treatment until the doctor says he or she believes you have attained the highest level of medical improvement they believe possible.
Temporary Disability Benefits: Your benefits include replacement pay if you are unable to work while you are receiving medical treatment or recovering from your injury. Your replacement paychecks will be calculated based on the prior 26 weeks of salary earned. You will get 70 percent of that figure, after you have been out of work for eight days, up to 400 weeks. In 2014, $843 was the most you could get no matter how much money you typically made.
Permanent Disability Benefits: After all treatment is completed and replacement pay benefits have ended, if you are left with the loss of function of any body part, you may be entitled to a cash award, known as permanent disability benefits. This is a very tricky area of the law. Contact Team Law today for advice on your particular case.
Insurance companies want to limit their liability and will use a variety of tactics to delay your medical treatment (or cut it off before you are completely healed) and delay your replacement paychecks. Ultimately, it’s not that the insurance companies are evil; they are doing their jobs. They want to limit financial liability on claims. They will do whatever it takes to make that happen, including denying benefits, attempting to curtail your medical treatment too soon, and arguing against your permanent disability status. If the insurance company tries to deny your claim, contact Team Law right away.
If you are in Essex, Union, Hudson or Middlesex county, or anywhere else in New Jersey, you need a skilled workers’ compensation lawyer who won’t back down – especially during the in-court hearing. At Team Law, we have successfully represented injured workers throughout New Jersey, making sure they don’t get cheated out of the benefits they are rightfully entitled to claim. See examples of our NJ Workers’ Compensation Verdicts and Settlements.
What are Third Party Claims?
You may be able to file a liability claim against a negligent third party who caused your workplace injury. An example of a third party claim may be if you sustained injuries as a result of falling from faulty scaffolding that collapsed. In this case, you may be able to sue for:
When Should You Speak with an Experienced NJ Workers’ Compensation System Lawyer?
When you get injured at work, the first thing you need to do is get medical assistance; your health comes first. Second, you need to file a workers’ compensation claim with your employer.
That’s where the trouble may start. If you are denied benefits or are experiencing challenges from the insurance company or doctors assigned to your case by the insurance company, call Team Law immediately. Our skilled team of workers’ compensation lawyers will make sure:
You understand all the details associated with obtaining workers compensation.
We determine whether a third party is responsible for your work-related injury.
We obtain all applicable components of NJ workers compensation related to your injury and its circumstances.
Having a qualified attorney by your side when you are injured at work will offer you peace of mind. The insurance companies have lawyers fighting for them; you deserve to have someone who protects and fights for your rights. At Team Law, we represent injured workers in Clark, West New York, Plainfield and all surrounding communities. We will fight to make sure you obtain the maximum compensation you deserve.
Call Today for a Free, No-Obligation Consultation with an Experienced New Jersey Workers’ Comp Lawyer
Team Law attorneys are committed to helping every client get the most out of their workman’s compensation benefits. This includes provision of medical treatment and replacement pay. In the unfortunate event of a wrongful death, we will help the family get death benefits on their loved one’s behalf. We know that the in-court hearing process can be lengthy and complex. Only an experienced NJ personal injury lawyer can help you understand and navigate these often-choppy waters with ease. Learn about our other practice areas.
Call Team Law’s group of NJ personal injury lawyers or fill out our convenient online contact form to schedule your free consultation and learn how we will fight for you to earn maximum benefits in your workers’ compensation case.
If you get injured at work, Team Law will go to work for you.
"I would absolutely recommend Roy Konray and his colleagues at Team Law. Roy took his time to get to know me and my medical malpractice case. In addition to being friendly and very easy to get along with, Roy did his homework. He is very knowledgeable about medical information and came to trial prepared to fight for my rights. He kept me informed throughout the process and was on my side every step of the way. I'm sincerely grateful to have been represented by him and even more grateful for the verdict he won for me." [read more]