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 Lawyer Elizabeth, NJ | Union County | Work Injury Attorney
You may be thinking: “It’s bad enough I got hurt on the job, now I have to sit in court, too?” Unfortunately, yes, you do have to appear before a NJ Workers’ Comp judge at least once in order to finalize your case. That’s because all Workers’ Compensation claims in the State of New Jersey must be signed off on by a judge before they can be settled.
If you or someone you know has been injured on the job, contact Team Law for skilled in-court Workers’ Compensation representation. We can handle your workmans comp case from beginning to end in an effort to make sure you get maximum compensation for your workplace injuries. However, at whatever point of your case you contact us, our knowledgeable lawyers will be by your side in court and can make a real difference in the outcome of your case.
It’s All About “Measuring Your Loss of Function”
The final step of your Workers’ Compensation claim is usually a cash award. The amount of that award, determined by a judge after your medical treatment is completed, is based on which body part or parts were injured in your accident. State law attaches a “base value” to each body part. In other words, if you lost the ability to use your right hand, that’s worth a certain amount of money. If you suffered a brain injury, that’s worth a separate amount of money.
Under the law, 26 weeks after your final medical treatment, Team Law will have you evaluated by a special Workers’ Comp doctor who will perform an exam and review the records of the doctors who treated you (after the accident.) This doctor will prepare a report that includes medical history, physical findings, as well as an evaluation of the permanent nature of your injury. He or she will prepare a comprehensive report to be presented to a judge. The insurance carrier will request the same medical examination and report from their doctor.
With those medical determinations and recommendations for disability percentage in hand, Team Law will negotiate on your behalf with opposing counsel and bring your case before a Workers’ Compensation judge who will make a final decision as to the amount of your award.
How is a Final Determination Made in Your NJ Workers’ Compensation Case?
Your Team Law attorney will go to court and show the judge your medical evaluations. We will review the reports with the insurance carrier’s lawyers in an effort to make a fair suggestion to the judge about the percentage of the award, based on all the relevant factors of the case. Once the judge approves the award, you will have to come to court and accept the settlement offer before the judge.
Contact Team Law Today for a Free Consultation about Your Work Place Injury
Workers’ Compensation laws are designed to protect employees who get hurt on the job. These benefits cover medical treatment, replacement pay and often a cash award depending on the extent of your injuries. The final step of the process is an in-court appearance where a judge will make a final determination about your case and compensation.
Don’t go it alone. You need an experienced Workers’ Comp lawyer from Team Law by your side. We will explain the process as it’s happening and negotiate for maximum compensation allowed by law. Contact us today for your free consultation.
"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]