If injured on the job in New Jersey, you can file a workers’ compensation claim to receive benefit payments. But many employers discourage the filing of workers’ compensation claims. However, you have a right to claim benefits. Especially since you have been indirectly paying for the workers’ compensation insurance premiums through lower compensation from your employer. At the workers’ compensation and personal injury law offices of Lerner, Piermont Riverol & Lawlor, P.A., in Jersey City, we help workers from many industries obtain workers’ compensation benefit payments when injured on the job or if they become sick due to the work environment. Since 1972, our workers’ compensation lawyers have helped thousands of workers claim their rightful benefits. And if your initial claim is denied, we can help you pursue an appeal.
What is Workers’ Compensation in New Jersey?
Workers’ compensation is a no-fault insurance system designed to provide financial and medical benefits to employees who are injured or become ill as a result of their job. Under this system, instead of having to prove fault, you will only have to prove you were injured in the scope of your employment. For most employees, this is a mandatory protection that employers are legally required to maintain.
Types of Injuries and Illnesses Covered
The New Jersey workers’ compensation system covers a wide range of injuries and occupational illnesses. Some of the most common examples are as follows:
- Traumatic injuries from workplace accidents such as falls, burns, or machinery malfunctions
- Repetitive stress injuries like carpal tunnel syndrome or tendonitis
- Occupational diseases from long-term exposure to hazardous substances
- Back, neck, and spinal cord injuries caused by lifting, carrying, or repetitive strain
- Respiratory illnesses related to inhaling dust, fumes, or other airborne toxins
- Hearing or vision loss connected to workplace conditions
- Stress-related or psychological conditions when they are directly tied to the job environment
- Injuries resulting from motor vehicle accidents that occur while performing work duties
Benefits Available Under New Jersey Workers’ Compensation
When a claim is accepted, several types of benefits may be available to an injured worker. These benefits are designed to address both the immediate and long-term impact of an injury. They are as follows:
- Medical benefits: Full coverage of reasonable and necessary treatment, including doctor visits, hospital stays, surgery, physical therapy, and more.
- Temporary total disability benefits: Partial wage replacement when the worker is unable to return to work for more than seven days. Typically, these benefits equal 70% of the worker’s average weekly wage.
- Permanent partial disability benefits: Compensation for injuries that cause lasting impairment but do not completely prevent the individual from working. In this case, payments will depend on the type and severity of the injury.
- Permanent total disability beliefs: Wage replacement for workers who can no longer return to any type of employment due to their injury or illness. These benefits may be paid for life, depending on the circumstances.
- Death benefits: Financial assistance for surviving dependents when a workplace injury or illness results in death. Funeral expenses are also covered, up to a statutory minimum.
The Workers’ Compensation Process in New Jersey
The workers’ compensation process isn’t always straightforward, which is why you should always have a competent team of lawyers in your corner. That said, a brief overview of the process is as follows:
- Notify your employer of the injury as soon as possible. Verbal notice is acceptable, but written notice is best.
- Once informed, your employer is required to contact its workers’ compensation insurance carrier and inform them of your injury.
- The insurance company will typically direct you to an authorized physician for evaluation and treatment.
- The insurer will then review the claim and decide whether to accept or deny it. If accepted, your benefits will begin. If denied, you should consider appealing.
- When disagreements arise, they may be resolved through the Division of Workers’ Compensation by filing a claim petition or an application for an informal hearing.
What to Do if Your Claim is Denied
Receiving a denial can be discouraging, but it doesn’t have to be the end of the road. In fact, many valid workers’ compensation claims are initially denied. If your claim is denied, you should take the following steps:
- Review the denial letter to determine the specific reason given by the insurer.
- Gather medical records, witness statements, and other documentation that support your claim.
- Contact our office immediately upon receipt of a denial from the employer and/or their workers’ compensation insurance company.
Occupations at High Risk
Certain jobs carry higher risks of injury. Some of those are as follows:
- Construction workers: Exposed to falls, heavy machinery, electrical hazards, and dangerous worksites. Often, OSHA violations lead to serious injuries.
- Healthcare employees: At risk of lifting injuries, exposure to contagious illnesses, and needlestick accidents.
- Factory and warehouse workers: Frequently suffer repetitive motion injuries, equipment-related accidents, and crush injuries.
- Truck drivers and delivery workers: Often face vehicle collisions, long hours leading to fatigue, and musculoskeletal strain from loading and unloading cargo.
- Police officers and correctional staff: Encounter violent incidents, stress-related illness, and injuries from physical confrontations.
- Railroad employees: Face risks from heavy equipment, shifting cargo, and long-term exposure to noise and vibration.
File Your Workers’ Compensation Claim On Time
In New Jersey, workers’ compensation claims are subject to a strict statute of limitations. Injured employees generally have two years from the date of the injury or from the last payment of compensation benefits (whichever is later) to file a formal claim petition with the Division of Workers’ Compensation. If you fail to file your claim within this time period, you will likely be permanently time-barred from suing.
Contact Our Workers’ Compensation Lawyers in Jersey City, NJ
Here at Lerner, Piermont & Riverol, P.A., we have decades of experience representing injured workers in Jersey City and throughout New Jersey, including in Newark, Paterson, and Elizabeth. If you need a dedicated team of knowledgeable Jersey City workers’ compensation lawyers in your corner, simply contact us for a free initial consultation today. We’re here to fight for the benefits you deserve, every step of the way.
