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.
Workers’ Compensation Attorney Perth Amboy, NJ | Middlesex County | Work Injury Lawyer
As soon as you are injured on the job and realize that medical treatment and recovery are going to require you to be out of work, you need to properly notify your employer that you intend to file for Worker’s Compensation benefits. After all, it’s their duty to make these required benefits available to all employees. However, while the law mandates coverage, it doesn’t require your employer to automatically accept your claim.
If you got hurt at work in New Jersey, whether on a construction site or in an office, and your employer is denying your claim to Workers’ Compensation benefits, call the experienced Workers’ Comp attorneys at Team Law. We will deal with the insurance company on your behalf. Sometimes an employer, by way of the insurance carrier, will attempt to limit your benefits by initially denying a claim. When this happens, they know you will either go away or fight for your medical treatment and replacement pay. Most of the time, employers are not punished by the courts if the denial is eventually overturned. Since they don’t fear retribution, they can make an injured employee jump through hoops to get their benefits.
Reasons an Employer Might Deny Your NJ Workers’ Comp Claim
First things first: your employer may deny your claim, but all legitimate job-related injuries are covered by the NJ Workers’ Compensation System. That being said, you may have to fight for your benefits if they are initially denied. Rest assured, however, that a knowledgeable workmans comp lawyer at Team Law will fight for your right to get every benefit you are entitled to receive.
Most insurance carriers are willing to provide coverage when an employee makes a claim. Some carriers, however, will do anything they can to cut costs. They deny your claim hoping you will not pursue it. If your claim is denied, entirely or in part, you should be informed in writing. Some supposed reasons for denial include:
Employer/insurance carrier believes you didn’t suffer a serious injury that warrants a claim.
Employer/insurance carrier believes your injury didn’t take place during work or within the scope of employment.
Employer/insurance carrier doesn’t think you need medical treatment for your injury or the Workers’ Comp doctor says you don’t need treatment.
Team Law Will Fight Tirelessly for Your Workers’ Compensation Benefits
If your Workers’ Comp claim is denied, your Team Law attorney will request a Hearing with the New Jersey State Workers’ Compensation Court. It’s not up to the employer to prove any of its beliefs regarding your injury or need for treatment. It’s the employee’s responsibility to prove that the injury did occur on the job, the medical treatment is required, and that recovery time is medically necessary. We will help you prove your case. Further, in addition to Workers’ Comp benefits, you may have a third party claim against someone other than your employer who was responsible for your injuries.
What Is Doctor Shopping?
Some unscrupulous insurance carriers will attempt to limit your access to the Workers’ Compensation benefits you deserve. They send you to a doctor who examines you, possibly orders some diagnostic tests, and determines treatment is medically necessary. The insurance company then sends you for a second opinion. It is their hope that Doctor No. 2 will offer a different diagnosis, one that sends you back to work without the need for expensive treatment and recovery time.
This is called “doctor shopping.” It is illegal. If your insurance carrier has required you to seek multiple opinions for seemingly underhanded reasons, call Team Law immediately.
We will take on the insurance company and get you the benefits you are entitled to receive. We never back down to loud-mouth lawyers. We welcome the chance to prove your case. Team Law’s Workers’ Compensation attorneys will go to court on your behalf. We’ve been successfully representing injured workers, like you, in Union, Essex, Middlesex and Hudson counties in New Jersey for decades.
Call Team Law Today for a Free Consultation about Your Denied Workers’ Comp Claim
Experience matters. So do relationships. The skilled Workers’ Comp lawyers at Team Law know their way around New Jersey courtrooms. They know the law and they know how to get you the benefits you need to receive treatment for your injury quickly. If your injuries are so severe that you may be entitled to permanent disability payments, we can help you get what you deserve.
Contact Team Law today to request your free consultation with a Workers’ Comp lawyer who will take on your fight in Perth Amboy and all of Middlesex County, and help get you the medical treatment and replacement pay you need.
"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]