East Brunswick Workers Comp Lawyer

Worker’s Comp Attorney in East Brunswick

Being injured on the job results in serious hardship for employees and families.

Lost wages and financial bills bring financial uncertainty. Pain and disability often frustrate recovery and reduce quality of life.

Most employees who are injured on the job are entitled to compensation for lost wages, as well as the cost of medical bills and rehabilitation. But these are complex cases always best handled from the start by an experienced East Brunswick work injury attorney.

Legal Help for Work Injuries in New Jersey

Too often, employees believe their injury is not serious enough for legal help, or that seeking the advice of an experienced New Jersey workers’ compensation attorney will complicate their case or anger their employer. Many times, they  listen to employers and their doctors when it comes to seeking therapy and treatment.

Problems can arise throughout the process. In some cases, treatment or therapies may be denied by a workers’ compensation insurer. In other cases, complications arise, including the potential for lingering disability or reduced quality of life resulting from injury. In still other cases, employees can be ordered back to work before they are ready, or even lose their jobs when they are no longer able to perform at their previous level.

In the most extreme cases, a claim may be denied because an employer fails to carry required workers’ compensation insurance, attempts to blame injury on a pre-existing condition, or has misclassified an employer as an independent contractor, or someone who is otherwise exempt from such benefits.

In each of these scenarios, an injured worker has rights. But it’s up to him to assert those rights at each stage of the process.

Common New Jersey work injuries include: 

• Lacerations. Deep cuts or tears in skin or flesh.
• Sprains and strains. Sprains are stretched or torn ligaments, while strains are stretched or torn muscles and tendons.
• Joint injuries caused by either sudden strain, trauma or repetitive stress.
• Bruising and ligament or tendon injuries.
• Burns
• Eye Injuries
• Fractures
• Cumulative or Continuous Trauma, including carpal tunnel syndrome caused by repetitive stress and strain.
• Occupational illnesses, including respiratory and heart issues, as well as certain cancers caused by chemical or environmental exposure.

Workers’ Compensation vs. Personal Injury Claim

Workers’ compensation is a “no fault” insurance program that provides medical treatment, wage replacement, and permanent disability compensation to employees who suffer job-related injuries or illnesses.

It also provides death benefits to dependents of workers who have died as a result of their employment. Most employers are required to carry workers’ compensation insurance. These benefits are available regardless of fault.

In exchange for these guaranteed benefits, the worker does not have the right to bring a civil action against the employer for pain and suffering or other damages, with some exceptions. This means that a workers’ compensation claim against your employer prohibits injured employees from suing an employer for personal injury or wrongful death. The aim is to provide timely, cost effective benefits to injured employees, while protecting employers from lawsuits.

However, that does not mean a personal injury or wrongful death lawsuit is not possible. In cases where an employee does not have access to workers’ compensation benefits, a lawsuit against an employer is possible. In other cases, even if workers’ compensation benefits are collected, a personal injury or wrongful death lawsuit may be pursued against a negligent third party, such as an at-fault driver or another entity, such as a land owner or general contractor, that can be shown to be partially responsible for injury.

This is an important avenue of financial recovery that should be thoroughly investigated by your East Brunswick work injury attorney and another reason an experienced law firm should be contacted as soon as possible after an on-the-job injury occurs. There are also significant deadlines and reporting requirements to workers’ compensation claims. Seeking experienced legal help at the outset of your claim can help make sure your claim is not needlessly delayed or outright denied, and that you get all of the benefits to which you are entitled.

Filing a New Jersey Work Injury Claim

The Division of Workers’ Compensation is responsible for the administration of the New Jersey Workers’ Compensation Act (N.J.S.A. 34:15-1 et seq.). This includes a disability determination.

Providing benefit payments to injured workers who are totally and permanently disabled as a result of their last work-related injury, combined with the worker’s pre-existing disabilities, is a critical step in the process.  These benefits commence at the conclusion of the payment of benefits from the worker’s employer but can be significantly complicated by pre-existing conditions.

As an injured worker you may be entitled to:

• Medical benefits: The employer or insurer may specify medical providers. This is another reason why having an experienced law firm oversee your case is critical to getting the treatment you deserve.
• Temporary Total Benefits: Benefits equal to 70 percent of your wages, subject to statutory minimums and maximums, if you are out of work for more than 7 days. However, these benefits are subject to termination once an employee returns to work, reaches maximum medical benefits, or has received the statutory maximum 400 weeks of benefits. When, if and how you return to work are important considerations that can significantly impact your rights to benefits.
• Permanent partial benefits: These are benefits meant to compensate for permanent disability. Again, how your disability is defined and designated can significantly impact your rights.
• Permanent total benefits: For total disability, benefits can last indefinitely but are also impacted by how an injury is defined and designated.
• Death benefits: Up to $3,500 in burial expenses and 70 percent of wages up to defined statutory maximums.

As you can see, even a seemingly simple work injury claim can be complicated by the facts and circumstances of your case. This is particularly true when significant complications arise, when employers do not act in good faith when it comes to return-to work-orders, or when pre-existing conditions are blamed for current medical challenges or disabilities.

Seeking early consultation with a Middlesex County work injury attorney is the best thing you can do to protect your rights and the long-term financial well-being of you and your family. 

If you have been injured call Mayo Law for a free and confidential consultation to discuss your rights at 888-MAYOLAW.