What Does a New Jersey Workers' Compensation Attorney Do?

What Does a New Jersey Workers' Compensation Attorney Do?

What Does a New Jersey Workers' Compensation Attorney Do?

Workers' compensation law is designed to protect employees injured on the job. If an employee is hurt on the job, they may receive workers' compensation benefits. These benefits include medical care, disability payments, and death benefits. Medical care can include hospital bills, urgent care, and physical therapy. 

Some local Cherry Hill physical therapy clinics include:

Additionally, a workers' compensation attorney helps injured workers navigate the complex system of laws and regulations surrounding workers' compensation claims. They represent clients in hearings before administrative agencies such as the Bureau of Worker's Compensation.

An experienced workers' compensation lawyer knows what information is needed to file a claim and how to present evidence effectively. They can advise clients about whether to accept a settlement offer or go to trial. They can also help clients obtain additional benefits under federal programs such as Social Security Disability Insurance and Medicare.

Many states have enacted legislation requiring businesses to maintain certain records related to workplace injuries. An experienced worker's compensation attorney can review these documents and determine whether there is any basis for a lawsuit. When a client has been injured on the job, an attorney can help them understand the legal issues involved and negotiate a fair settlement.

When Do You Need A Workers Compensation Attorney?

Workers' compensation attorneys represent injured workers in cases where employers fail to provide adequate medical care or pay benefits. They may also represent employees who were fired without cause or those who suffered discrimination based on race, gender, religion, national origin, sexual orientation, disability, or age.

A workers' compensation attorney helps injured workers obtain medical treatment, file for unemployment insurance, and collect lost wages. An experienced workers' compensation lawyer can help you navigate the complex legal system and protect your rights.

What Should I Do If My Employer Isn't Reporting My Workers' Comp Claim?

Workers' compensation claims are very common these days. However, many employers don't report those claims to the state. This means that you may not receive any benefits.

When an employer doesn't report your claim, there are several things you should do.

  • First, contact your attorney right away. They will tell you what steps you need to take next.
  • Second, file a complaint with the Department of Labor & Industries. They will investigate the case and determine whether the employer has violated the law.
  • Third, talk to your doctor about filing a workers' compensation claim. They can give you advice about what to do next.
  • Fourth, call the Department of Labor & Industry and ask them to send out a notice to the employer. This will let the employer know that you filed a claim against them.
  • Finally, you can file a lawsuit against the employer if they refuse to pay you benefits.

Can My Employer Punish Me for Filing a Workers' Compensation Claim in New Jersey?

Workers' compensation laws protect employees injured on the job. If an employee is hurt on the job, they may file a workers' compensation claim against their employer. However, employers can punish employees who file workers' compensation claims. For example, employers can fire employees who file a workers' compensation claim.

New Jersey has a very liberal workers' compensation system. Employees can sue their employers for wrongful termination if they feel they were fired for filing a workers' comp claim. An employee who was fired after filing a workers' compensation claim can sue their former employer for wrongful termination. This type of lawsuit is called a "retaliatory discharge" lawsuit. A worker who feels they were unjustly terminated can sue their employer for retaliation but they will need to prove retaliation by showing that they were fired because they filed a workers' comp complaint.

Can I File a Lawsuit for a Workplace Injury or Illness?

In many instances, filing a lawsuit is the only way to seek maximum compensation for injuries or illnesses that you might not otherwise receive or for those that are more severe than the typical workers' compensation benefits.

If you've been denied medical treatment after being injured at work, you might be able to sue your employer. Additionally, if you've been fired or terminated, you may be able to sue your former employer for wrongful termination.

Do You Need to Prove Fault to Collect Workers' Comp Benefits?

An injured worker has the right to file a claim against the employer for damages. However, they must prove fault on the part of the company before they can collect any money. This means that the injured worker must show that the employer was negligent in causing the injuries sustained. If the employer did not cause the injuries, the worker may not receive compensation benefits.

The court will consider several factors to determine whether or not an employer is liable for an injury. The first factor is whether the employer had knowledge of the dangerous condition that caused the injury.

Types of Workers' Compensation Benefits Available in New Jersey

Workers' compensation benefits are designed to help injured workers recover from an injury sustained on the job. These benefits include medical care, temporary disability payments, permanent disability payments, death benefits, burial expenses, and funeral expenses.

There are two types of workers' compensation benefits available in New Jersey: first aid benefits and wage replacement benefits.

First Aid Benefits

These benefits are available to anyone who sustains an injury while working. First aid benefits include medical treatment, emergency transportation, and hospitalization.

Wage Replacement Benefits

These benefits are intended to replace lost wages due to an injury. Wage replacement benefits include temporary total disability benefits, permanent partial disability benefits, and vocational rehabilitation benefits.

Benefits may vary depending on the type of injury sustained, the worker's occupation, and the employer's insurance coverage. Injured workers should contact their employer's human resources department to determine what benefits are available to them.

Get The Most From Workers' Compensation 

At Garden State Justice Group, our workers' compensation attorneys represent clients in Union City and the surrounding areas. They can help injured workers recover damages for pain and suffering, lost wages, and medical expenses.

Our lawyers have a strong understanding of the New Jersey workers' compensation laws and can help each client recover the maximum compensation they deserve. Contact the legal team at Garden State Justice Group in Union City today for a free consultation.

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Shane Sullivan, Esq.
Date Published: June 30, 2022
Shane Sullivan, Esq. is a New Jersey Board Certified Civil Trial Lawyer that represents those who were injured or the family's of those killed by the negligence of others in personal injury lawsuits throughout New Jersey.
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