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Receiving a Fair Amount for Your Workers’ Compensation Settlement

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

Workers’ Comp Laws Offer Unique Advantages, Disadvantages in Different States

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

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.

Workers’ Compensation Lawyers East Orange, NJ | Essex County | Work Injury Attorney

Accidents happen, that’s a given. However, when you’ve lost a loved one in a workplace accident, you shouldn’t have to be worried about paying your bills while you are grieving. Dependents are eligible to receive death benefits under the New Jersey Workers’ Compensation system.

One would think the process of obtaining these financial benefits would be fairly simple. Unfortunately, when it comes to NJ Workers’ Comp benefits, few things are quite that easy. At Team Law, we have guided thousands of families in Union, Middlesex, Essex and Hudson counties through the complex maze of guidelines involved with collecting Workers’ Compensation benefits. Contact our experienced lawyers today for assistance with your case.

What are Workers’ Compensation Death Benefits?

All employers in New Jersey are required by law to provide Workers’ Comp benefits for employees who get hurt at work. Also referred to as “being on disability, workmans comp covers medical expenses and provides replacement pay for someone who is out of work while recovering from a workplace injury for more than a week.

However, with the most catastrophic of accidents, when a worker dies, the Workers’ Compensation system also provides death benefits for surviving family members. The laws recognize that, if someone in your immediate family died as a result of a workplace accident, you will not only have funeral expenses but the burden of continuing to pay your bills, despite the loss of the deceased’s income. The individual (or estate) who pays for the funeral is entitled to receive up to $3,500 for funeral expenses if the death was caused by an accident or circumstance on the job.

Additionally, in New Jersey, weekly death benefits are paid in the amount of 70 percent of the weekly paycheck of the worker who was killed as a result of a workplace accident. There is a maximum benefit amount set by the NJ Commissioner of Labor each year. For details on how much death benefit compensation you may be entitled to receive, contact Team Law’s experienced Workers’ Compensation attorneys right away.

Who is Entitled to Receive Workers’ Comp Death Benefits?

According to the New Jersey Department of Labor, “dependents of a worker who dies because of a work-related injury or illness may be eligible to receive death benefits.

  • A surviving spouse and natural children who were living with the deceased at the time they were killed are automatically considered to be dependents.
  • Anyone claiming to be a dependent who was not living with the deceased at the time of death must prove legitimate dependency to a judge. This includes a surviving spouse, natural children over 18 years old, parents, grandparents, grandchildren, brothers, sisters, etc.
  • Once a child turns 18 years old (23 years old if they are a full-time student) they are no longer considered dependents of the deceased for the purposes of Workers’ Compensation death benefits.
  • However, a disabled child may be eligible for benefits after they turn 18 years old. They may also be eligible for additional benefits.

A New Jersey Workers’ Compensation judge will determine how death benefits are divided among the deceased’s dependents. If you believe you are entitled to death benefits because your loved one was killed in a workplace accident, contact the knowledgeable lawyers at Team Law. Our experience with the New Jersey Workers’ Compensation system is vast; we can assist you by dealing with the insurance companies to ensure that you get your share of the death benefits you are legally entitled to receive.

Contact Team Law Today for a Free Consultation about Workers’ Comp Death Benefits

If you believe you have a legitimate claim to a deceased’s Workers’ Comp death benefits, we can help. Call our office today or fill out our convenient online contact form to request a free consultation with skilled Workers’ Compensation attorneys in East Orange and Essex, Union, Middlesex and Hudson counties. We represent families across New Jersey.

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Client Testimonials

"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]

C. Evans, Millington, NJ / MEDICAL MALPRACTICE

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We handle cases in Elizabeth, Jersey City, New Brunswick, Newark, Orange, Perth Amboy, Plainfield, Summit, Jersey City, West New York, Clark, Westfield and all surrounding areas in New Jersey.

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