With the exception of those who employ workers covered by equivalent federal laws, every single employer in the state of New Jersey is required to provide workers’ compensation coverage to all their employers. Whether you are part-time or full-time, you should be eligible under this system to seek restitution for certain types of losses stemming from a work-related injury or illness.
However, there are a few procedural requirements to these claims that can be tough to navigate without help from a seasoned personal injury attorney’s help, to say nothing of how complicated the process of appealing a workers’ comp claim denial can often be. A New Brunswick workers’ compensation lawyer could provide whatever kind of assistance you need to get the benefits you need and deserve following a workplace accident.
The central purpose of workers’ compensation coverage is to function as a shield for employers from civil liability for personal injuries. In exchange for giving up their right to sue their employer directly for losses sustained due to workplace accidents or hazardous conditions, workers gain the right to seek benefits for economic losses stemming from such incidents without having to prove anyone else at fault—or themselves completely blameless for—their injuries.
In addition to covering all expenses for an injured worker’s reasonably necessary medical treatments, workers’ compensation may provide additional short-term and long-term benefits if a worker’s injury leaves them unable to work for any period of time. If a worker is temporarily disabled for longer than seven consecutive workdays, they may seek reimbursement through a workers’ comp claim for up to 70 percent of their pre-injury average weekly wage, so long as that amount is greater than 20 percent and less than 75 percent of the Statewide Average Weekly Wage. These temporary disability benefits are generally available until the recipient reaches Maximum Medical Improvement as determined by their physician.
If a worker suffers a permanent partial disability due to a workplace accident, a New Brunswick workers’ compensation attorney could help them seek weekly benefits for different durations depending on the specific disability they suffered, in accordance with the Schedule of Disabilities. Finally, workers who are totally and permanent disabled by a workplace injury can seek permanent total disability benefits for a minimum starting period of 450 weeks, and potentially indefinitely depending on how or whether their condition ever improves.
After getting hurt at work or developing an illness due to work-related conditions, workers in New Jersey have a maximum of 90 days from either the date of the relevant incident or their professional medical diagnosis to notify their employer of their condition. If there is any dispute about whether benefits should be paid or what their value should be, injured workers have up to two years to apply for an Informal Hearing or formally petition for a reexamination of their claim.
If neither of these options result in a satisfactory settlement offer, the case may proceed to court for a judge to decide upon. Finally, if a judge passes down an unfavorable ruling, the impacted claimant may pursue an appeal with the New Jersey Superior Court. Assistance from a workers’ compensation lawyer in New Brunswick is virtually essential to getting through this process efficiently and pursuing a positive outcome effectively.
Under state law, attorneys helping with workers’ compensation claims cannot charge claimants for their services in advance, and they only receive legal fees if a judge awards those fees to them after a compensation award is ordered. In light of that, there is virtually no reason not to talk to an experienced legal professional if you have any concerns about getting the benefits you need from your workers’ comp claim.
A seasoned New Brunswick workers’ compensation lawyer could stand by your side from start to finish of the workers’ comp claims process, working tirelessly ensure a favorable result on your behalf. Learn more about your legal options by calling today.