Will My New Jersey Workers Compensation Claim Go to Trial?

Can Injured Workers Sue Their Employer For A Work-Related Injury?

The New Jersey Workers Comp system provides a valuable service to employees injured on the job. It helps ensure they receive compensation for their injuries and also allows them to return to work in a safe manner. However, some claims may go to trial if there is a disagreement between an employee and employer over the amount of benefits or other details related to the claim. This article will examine what happens when a New Jersey Workers Comp claim goes to trial, including how it works and potential outcomes.

It is important to understand the process of going to trial with a workers' comp claim in New Jersey so you know what steps are involved should your own situation require it. This article will provide information about how the court handles such cases so readers can make informed decisions about their rights under workers’ comp law in this state.

Our workers' compensation attorneys at Garden State Justice Group have extensive experience in handling workers' compensation cases in New Jersey. We understand the complex legal system and know how to navigate the process to maximize your benefits. We have helped countless clients receive the compensation they need for medical expenses, time off work, and more.

Local medical centers that treat injuries sustained on the job:

What Is A Workers’ Compensation Case?

A workers' compensation claim is a lifeline for those who have suffered an injury or illness related to their job. It can provide much-needed financial relief, medical care and essential rehabilitation services in such difficult times. Despite being one of employees' most important legal rights, many people do not understand the intricacies of filing a successful workers’ comp claim. This lack of knowledge often leads individuals to miss out on vital benefits they may be entitled to receive by law. A qualified workers' comp lawyer or NJ Workers’ Comp attorney should always be consulted when it comes time to file a claim for workers' compensation benefits as this process can quickly become complicated and overwhelming without professional guidance. Without proper representation, injured employees may face substantial delays in receiving the full extent of coverage they are legally entitled to under state and federal laws.

Is Going To Trial Necessary?

Whether or not a New Jersey workers comp claim will go to trial depends on the circumstances of the case. Generally, compensations cases do not require going through an entire trial and can be resolved outside of court. This is beneficial for all parties involved as it saves time and money and avoids undesirable publicity that could arise from a full-fledged courtroom hearing.

Compensation laws in New Jersey are designed to ensure that injured employees receive appropriate compensation for their injuries. It is important to consider whether hiring a Compensation Lawyer would result in more benefits than simply relying upon the judgment of a Workers Comp Judge. A lawyer may be able to negotiate a settlement that exceeds what would be given by the judge alone, depending on the severity of the injury and other factors such as lost wages due to missed work days while recovering from an accident or illness. Moreover, they have experience navigating the complexities of NJ workplace law take legal action if necessary should there be any disputes between employee and employer regarding compensation rights.

Ultimately, each situation must be evaluated individually before deciding whether or not taking legal action is required. Consulting with an experienced attorney who specializes in workers comp law can help provide guidance on how best to proceed forward with your particular case.

Are There Alternatives To Going To Court?

The thought of going to court can be daunting. Fortunately, there are alternative options available when it comes to resolving your workers' comp claim. A compensation attorney may negotiate on your behalf with the insurance company and come up with a settlement offer that is acceptable to both parties.

Two types of workers’ comp settlements are lump-sum payment and structured settlement. The former is usually paid in one installment while the latter involves periodic payments over an extended period of time. Both have their own set of advantages and disadvantages so it's important for you to consult with your lawyer before making a decision.

When deciding which option best suits your needs, consider these points:

Lump-Sum Payment

  • Pros: convenience, no taxes or legal fees, use funds however you want
  • Cons: difficult to budget, cannot access future earnings if needed

Structured Settlement

  • Pros: steady income stream for life/specific term, protected from creditors & lawsuits
  • Cons: limited access to funds (can't withdraw large amounts), potential tax liability

Be sure to discuss all aspects related to settlement offers with your workers' comp attorney before making any decisions about how to proceed with your case.

How Does The Law Protect Workers In New Jersey?

The Division of Workers' Compensation in New Jersey administers and enforces workers' compensation laws. These laws protect workers who are injured while performing their job duties and provide them with financial support during their recovery period. Under these laws, employers must obtain a policy that provides employees with the payment of medical bills, lost wages, and other benefits if they become hurt or disabled on the job.

Workers in New Jersey may be able to file a claim against an employer's insurance company or through the state’s division of workers' compensation if they feel they have been wrongfully denied benefits after getting injured at work. Once a claim has been filed, it will be assigned to a workers' compensation judge who will review all evidence presented and make a ruling based on what was submitted by both parties. If there is still disagreement about the case after this process, then it could go to trial where each party can present arguments before the court makes its final decision.

When Can You File A Claim For Benefits?

According to the National Safety Council, approximately 3 million workers annually suffer workplace injuries. If you have been injured while working in New Jersey, it is important to understand when you can file a claim for benefits under the state’s Workers' Compensation Act.

In most cases, an employee must file a claim petition within two years of suffering an injury at their workplace. In addition, if your employer does not provide written notice of its refusal to accept liability or pay compensation benefits within fourteen days from the date of accident, then you are allowed to consider this as implied acceptance and proceed with filing a claim. Otherwise, should there be any delays on behalf of the employer due to negligence or misconduct, then additional time may be added onto this deadline.

It is important to note that if a worker misses these statutory deadlines for filing claims it could result in denial of their case by the court system. Therefore, it is essential that anyone who has suffered a workplace injury take action immediately so they do not miss their window for receiving financial support through workers' comp.

How Do You Calculate The Amount Of An Award Or Settlement?

According to NJ.gov, the state of New Jersey paid out over $1.2 billion in benefits to injured workers in 2018. When deciding how much compensation to award, several factors are taken into consideration. The settlement amount is based on an evaluation of various elements such as the worker's age, education level and experience in their field of work. Other considerations include any future medical costs that may be associated with the injury, lost wages from being unable to return to work due to the injury, and pain and suffering endured by the injured party. You can resolve a New Jersey workers' compensation claim whenever you please, unlike certain states. Nonetheless, many employees wait until they have improved medically to the fullest (MMI). When your doctor determines that treatment is no longer expected to improve your condition, you are at MMI or maximum medical improvement.

In some cases an exchange for a lump sum or full and final settlement can be reached between the two parties without going to trial. This allows both sides to come together and negotiate an agreeable amount for all involved. A comp settlement will also factor in each party's legal fees during negotiations or legal proceedings if a trial is necessary. In many cases these settlements are confidential agreements meaning neither side discloses terms of payment nor do they disclose who was awarded what amount.

In some circumstances, the employee (or their attorney) may submit documentation requesting emergency assistance. A Motion for Medical and Temporary Benefits is the official name for this request. These requests usually takes place within a short time after they are submitted, frequently within a few weeks.

Thus, be sure you and your attorney have thoroughly reviewed the implications before agreeing to stop your compensation claim in exchange for a one-time payment. You must also appear in court for Section 20 settlement hearings where a workers' compensation judge will ensure that you are aware of the amount of money you will get and that you are aware that you are giving up future rights as part of the settlement. You will fill out a number of forms that outline the terms and conditions of the settlement for both Section 20 and Section 22 settlements. You must appear at a settlement hearing if you are entering a Section 20 settlement. A compensation judge will assess your settlement at this hearing, ask you questions, and ensure you realize it is a full and final settlement before you enter it.

What Are Common Types Of Injuries Covered By Workers' Comp?

According to bls.gov, there were 82 fatal work injuries in New Jersey in 2020, an increase of 8 from the 74 statewide total in 2019. Workers' comp is a form of insurance that compensates employees injured on the job. It's designed to protect both employers and employees from financial losses associated with workplace injuries. But what types of injuries can be covered under workers' comp laws?

In general, any injury sustained while performing work-related activities may be eligible for coverage. This includes physical ailments such as repetitive motion injuries or back problems caused by lifting heavy objects, psychological disorders resulting from stress or traumatic events, and illnesses contracted due to exposure at the workplace.

The most common type of workers’ comp claims involve:

Physical Injuries:

  • Sprains and strains
  • Broken bones
  • Amputations
  • Back pain

Mental Disorders:

  • Anxiety & Depression
  • Post Traumatic Stress Disorder (PTSD)
  • Work-Related Stress Injury

Employees must meet certain criteria in order to receive benefits under their state's workers' compensation laws. The process usually requires filing an official claim before a workers' compensation judge, which will determine whether the employee is entitled to benefits based on the nature and severity of their injury or illness.

What Are The Limitations On Filing A NJ Work Injury Claim?

In New Jersey, all workers are protected by the state's Workers' Compensation Laws. This means that if an employee is injured or becomes ill on-the-job, they can file a claim petition to receive compensation for medical bills and lost wages. However, there are limitations in place when filing such claims in the Garden State. The law also offers the employee who needs rapid medical attention and temporary benefits immediate redress. In such cases, the employee may elect to submit a "Motion for Medical and Temporary Benefits," which is given a 30-day first hearing date before a Compensation Judge.

The first limitation relates to time: A formal claim must be filed within two years of the date of injury or illness. After this period, no benefits will be paid out regardless of whether or not an individual meets the criteria required for a successful claim. 

It is also important to note that certain requirements need to be met before a person can qualify for workers’ comp benefits in New Jersey. To begin with, employers must have purchased valid insurance coverage prior to any injury taking place - without it, benefits cannot be claimed under the law. Additionally, those intending to make a claim must provide proof that their injuries were caused directly as part of their job duties; otherwise, these claims may be denied due to lack of evidence.

For anyone looking to benefit from New Jersey’s Workers' Compensation Laws, understanding these limitations is essential – failure to do so could result in severe financial ramifications down the line. It is therefore advisable that individuals seek professional legal advice ahead of making any claims relating to workplace illnesses or injuries suffered while employed within the state.

When Is It Wise To Seek Legal Representation For A Comp Case?

The previous section discussed the limitations on filing a claim in New Jersey. It is important to consider when seeking legal representation from experienced personal injury law firm for one's compensation case might be wise. There are several key indicators that can help guide individuals who have been injured while at work, and are considering initiating a workers' comp claim petition:

  • If an employer fails to respond or denies the last payment due under their state’s workers comp laws
  • If there are disputes over whether medical treatment was necessary or should be covered by the insurance company
  • If the individual has difficulty receiving benefits, such as wage replacement payments

When these issues arise, seeking legal assistance from an experienced attorney may be beneficial. An experienced lawyer will know how to navigate the complexities of a workers comp case and ensure that all parties involved receive fair compensation. Additionally, they possess vital knowledge about what evidence is needed for building a strong case before going to trial. Furthermore, having legal counsel helps protect employers from potential liability if an employee decides to take action against them outside of the confines of their state’s Workers Comp system. With this in mind, it is often wise for those with a valid injury claim to consult with a knowledgeable lawyer prior to submitting any paperwork related to the claim. Additionally, New Jersey workers' comp case attorneys will have experience appealing or reopening your claim if the compensation settlement is not reached. 

Who Can Help With Your Workers’ Compensation Claim?

Injured workers have many options for help with their workers' compensation claims. It is important to understand the process, rights and obligations of a claim before seeking assistance. A qualified attorney can provide guidance through this complex system. They are familiar with state laws, deadlines and procedures essential for obtaining benefits.

A workers' comp judge presides over disputes between employers and injured employees in New Jersey. The role of the judge is to ensure that both sides receive due justice. Judges will hear testimony from witnesses, review evidence submitted by each side and make necessary rulings on contested issues such as whether an injury was work-related or if a disability exists. Their decisions may be appealed to higher courts if necessary.

Seeking legal advice about your workers’ compensation claim is critical when deciding whether or not it should go to trial. An experienced attorney specializing in workers’ compensation law knows how to navigate the complicated system so you obtain fair treatment and benefits owed under the law.

Who Qualifies for Disability?

In New Jersey, workers who suffer an injury on the job may be eligible to receive benefits for temporary or permanent disabilities. Temporary disability benefits are for those workers who require a period of medical treatment and healing before they can return to work, while permanent disability benefits are for those workers who are unable to return to their job due to the lasting effects of their injury. Benefits for both types of disability may include wage replacement and medical care if a worker is severely hurt on the job.

NJ Workers' Comp Lawyers Fight For the Compensation You Deserve

NJ Workers' Comp Lawyers are invaluable when it comes to navigating the complex laws and regulations that govern workplace injuries and illnesses in the state of New Jersey. By hiring an experienced lawyer, you can ensure that you are receiving the full medical and temporary benefits due to you following an accident or illness, as well as any other assistance you may need in the wake of your injury or illness. 

Some of the benefits of hiring an NJ Workers' Comp Lawyer:

  1. Knowledge of State Laws: An experienced NJ Workers' Comp Lawyer is well-versed in the laws, regulations, and procedures governing workplace safety and injury claims in the state of New Jersey. This knowledge is invaluable when it comes to understanding the process and ensuring that you receive the full benefits due to you. They are aware of the statute of limitations that applies to filing an application for an informal hearing. This two-year statute of limitations may begin from the date of the injury but certain situations require a claim petition must be filed within 30 days for disability benefits.
  2. Expert Advice: An experienced lawyer can provide invaluable advice throughout the process. From helping you file your claim to negotiating with insurance companies, a lawyer can ensure that you are getting the best outcome and the most money possible.
  3. Representation in Court: If your case goes to court, an experienced lawyer can be your advocate and provide support throughout the process. A lawyer will be able to present your case in the most effective manner possible and ensure that you receive the best outcome possible.
  4. Professional Negotiations: An experienced lawyer can also negotiate with insurance companies and other parties to ensure that you receive the best outcome possible. An experienced lawyer can also help you understand the process and make sure that you are getting the most money possible.

Hiring an NJ Workers' Comp Lawyer is a wise investment when it comes to navigating the complex laws and regulations governing workplace injuries and illnesses in the state of New Jersey. With the knowledge and experience of an experienced lawyer, you can ensure that you receive the full benefits due to you and get the best outcome possible. 

New Jersey Workers Get Maximum Comp Settlements | Call Today For a Free Consultation

In conclusion, workers' compensation claims in New Jersey are a complicated process and the decision to take your case to trial is not one that should be taken lightly. It is important for those who have been injured on the job to understand their rights under the law so they can make an informed decision about how best to proceed with their claim. By understanding the limitations of filing a claim and what kinds of injuries may or may not be covered by workers’ comp, claimants will have all the information necessary to decide whether going to court is worth it. 

Finally, there are resources available such as state departments and private organizations which exist solely for providing help and advice regarding workers’ compensation issues. Taking advantage of these services can ensure that you receive all of the benefits due to you under New Jersey law without having to go through litigation. With knowledge comes power; use it wisely in making sure your case gets just resolution no matter how difficult the journey ahead may seem.

The legal team at Garden State Justice Group will represent you before the Division of Workers' Compensation and often represents clients throughout New Jersey. Our team offers free case reviews so injured workers can help us evaluate your case as precisely as possible. It's important to remember that the workers' comp system is a complex legal process, and it is often difficult for an individual to navigate without the help of an experienced lawyer. That's why it's important to contact us as soon as possible after you have been injured. We will work tirelessly on your behalf to get you the compensation you deserve.

If you or a loved one has been injured while on the job in New Jersey, the workers' comp lawyers at Garden State Justice Group are here to help. Contact our law today for a free consultation and get started on the road to recovery.

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Shane Sullivan, Esq.
Date Published: March 7, 2023
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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