Workers Compensation

New Jersey Workers Compensation Lawyer

New Jersey Workers’ Compensation Law requires that every employer maintain a Workers’ Compensation Insurance Policy covering every employee.

Workers compensation claims are often broken into two categories:  Traumatic injuries and cumulative injuries including occupational exposure.

Traumatic Injuries

A work injury may be the result of a single incident such as dropping an object on your foot, or cutting your finger on a machine.

Cumulative Trauma

An injury may also be a result of work activities over a period of time.  For example, a person whose job requires the lifting of heavy objects over a period of time may develop back or neck pain due to repetitive trauma on the job. Another example would be a person whose job requires repetitive motion of the hands or wrists such as assembly work or typing at a computer.  This worker might develop carpal tunnel syndrome or repetitive use syndrome of the hands or wrists, and this would also be a work injury entitling a person to the same benefits as if it had been a specific injury.

A work injury may also be the result of an occupational disease or illness that the work place has produced.  An example would be a worker who develops asbestosis due to exposure to asbestos products on the job.

Aggravations

An incident or activity on the job, which aggravates a previous injury or condition, is also considered a work injury.  An example of this would be an employee who has had prior back problems and then re-injures the back while lifting on the job.  That person is entitled to work injury benefits for the re-injury.  The employer, however, will get a credit for the prior condition.
Medical Treatment

An injured worker is entitled to all medical, surgical, chiropractic, and hospital care reasonably required to cure and relieve the injured worker from the effects of the industrial injury. 

The employer, or its insurance company, is required to provide the medical care.  The employer, or its insurance company, has the right to select the treating doctor or medical provider.  If you are injured and treat with an unauthorized medical provider, the employer, or its insurance company, is not required to pay for the medical care. 

Temporary Disability

When an injured employee is unable to work because of an injury or illness, which was caused by the employment, the employee is entitled to receive temporary disability compensation. This benefit is payable at the rate of 70% the injured employee’s weekly earnings with certain maximums and minimums.  For injuries which occur after January 1, 2006, the maximum weekly payment is $666.00 per week. 

Temporary disability compensation benefits will terminate when the injured worker returns to work, has been released by the authorized treating physician to return to his or her regular work, or when the injured employee's condition becomes permanent and stationary, meaning that the injury has healed as much as possible, and no further improvement is expected.

Permanent Disability

Permanent disability is that degree of disability or impairment that remains after the employee has reached the point of maximum healing.  A permanent disability may be partial or total.  If a person suffers a permanent partial disability, the person is entitled to a permanent disability rating and award even though he or she may be able to return to work.

Permanent disability payments are based on a table of payments, which correlates to percentage of injury.  If the injury or occupational exposure results in death, the dependents of the employee may bring an action for dependency benefits. The benefits relating to injury and death are defined by New Jersey Statute and are summarized in a table which is published each year.

Time Limitations

As soon as the worker knows or suspects that he or she has a work related injury or illness, he or she should immediately report it to his or her employer.  Notice of the injury should be given within the first fourteen days following an accident. If it is not given, then benefits do not commence until notice is given or knowledge is obtained.  If no notice is given within 90 days, then the workers compensation will be considered time barred.

In addition to giving notice of the claim, an injured employee must file a Claim Petition to obtain a permanent disability award.  The Claim Petition must be filed within two years after the date on which the accident occurred, or within two years of the last payment of compensation, which includes not only monetary payments but the furnishing of medical treatment as well. 

Other Claims

The injury was caused by someone else's negligence.  Can I file an additional lawsuit against them?

In order for an injured employee to recover civil damages, in addition to his or her workers' compensation benefits, it is necessary that proof be offered that the injury was the fault of a "third party." A third party is considered to be a person or party separate and distinct from the injured employee's employer or a co-worker.

One example of a potential third party would be when a delivery driver suffers an injury in a rear end auto accident.  In this example, the third party would be the driver who rear-ended the car of the delivery driver.  Therefore, the delivery driver would be able to pursue a third-party personal injury action against the other driver, as well as a workers' compensation claim with his or her employer.

If you have been while on the job, it is important that you contact an attorney immediately to discuss your case.  Contact Aiello, Harris, Devero, Marth & Schiffman and we will be happy to further discuss your case with you.

The Right Law Firm Means More Money

Serving workmans comp clients across North and Central Jersey including the cities of Watchung, Bridgewater, and Somerville in Somerset County, Newark and West Orange in Essex County, Elizabeth, Scotch Plains, Springfield, Plainfield, and Cranford in Union County, Clinton and Flemington in Hunterdon County, New Brunswick and Edison in Middlesex County, Hackensack in Bergen County, Patterson in Passaic County, Morristown and Florham park in Morris County, Hoboken and Jersey City in Hudson County, Phillipsburg in Warren County, and Freehold, Colts Neck and Marlboro in Monmouth County.