Bergen County Workers’ Compensation Lawyers

New Jersey’s workers’ compensation system is a type of no-fault insurance that protects workers who have been injured on the job or have contracted an occupational illness. This is not a benefit exclusive to union workers; workers’ comp covers every employee from the first day of employment. Unfortunately, the system doesn’t always function smoothly and sometimes workplace injury victims do not receive the reimbursement for medical care and lost wages they are entitled to receive under the law. If you have trouble collecting workers’ compensation benefits, Feitlin, Youngman, Karas & Gerson, LLC in Glen Rock is prepared to help. Our Bergen County workers’ compensation lawyers have decades of experience representing injured workers throughout New Jersey, and we are here to help claimants receive the payment they need to support themselves during a tough time.

What Benefits Does Workers’ Compensation Provide?

Employees who suffer a work-related injury or illness are eligible for benefits that can include:

• Healthcare cost reimbursement: Workers’ comp pays 100 percent for all reasonable and necessary medical treatment.
• Temporary disability: If you are unable to work at all, you can receive temporary total disability benefits that pay 70 percent of your weekly wages, subject to a maximum and minimum set annually by the state. If you cannot perform at full strength but can manage light duty, workers’ compensation will pay a temporary partial disability benefit to make up part of the difference between your previous and current salary. Temporary benefits can be paid for up to 400 weeks.
• Permanent disability: After you have reached maximum medical improvement, or after you have exhausted temporary disability benefits, you can submit a claim for permanent total disability or permanent partial disability benefits. These can provide partial wage replacement during the years when you would have been expected to work before your injury or illness.
• Vocational rehabilitation: Workers who can no longer perform in their previous occupation because of a job-related injury can receive job retraining and job placement counseling.
• Death benefits: When a worker is fatally injured, workers’ comp provides up to $5,000 in reasonable funeral and burial costs, plus payments that can go to a deceased worker’s surviving spouse, minor children, or other family dependents.

In many cases, insurance companies seek questionable justifications for denying claims so they can reduce their payout. As a result, many workers cannot access the benefits to which they are entitled. Our personal injury lawyers are familiar with the different tactics used by carriers to deny claims and press for a fair review of the pertinent facts.

How Benefit Rates Change Each Year

Weekly benefits are tied to the statewide average weekly wage and reset each January. The rate is locked to the year of your accident, not the year you settle, so an older injury is paid at that year’s rate. You can confirm the current benefit rates through the New Jersey Department of Labor.

Steps to Take After a Work Injury

If you have been injured at work or have received a diagnosis of a work-related illness, you should immediately report the matter to your supervisor. The law allows you 90 days from the date of the accident, but you should not delay, as that could enable your employer to claim you were injured elsewhere. You should then arrange to get medical treatment. Upon notification, your employer is required to file a claim with their workers’ compensation carrier. You should ask for the claim number for your records.

It’s also beneficial to speak with a workers’ compensation attorney about the possibility of filing a third-party personal injury claim. If your workplace injury was caused by a third party (not your employer or a co-worker), you could seek damages from the liable party that include payment for harm that is not compensable under workers’ compensation, such as payment for pain and suffering.

Two Deadlines, Not One

Reporting your injury is only the first clock. Under N.J.S.A. 34:15-17, notice within 14 days is safest, and past 90 days no compensation is allowed at all. Separately, a formal Claim Petition must be filed with the Division of Workers’ Compensation within two years of the accident. Reporting on time does not preserve that second deadline.

Workers’ Compensation Appeals

Drawing on our experience as workers’ compensation and employment lawyers, our firm has a deep understanding of how companies operate and handle workplace injury claims. If you’re being accused of getting hurt while doing something outside your job duties or attempting to secure benefits for a pre-existing medical condition, we’ll push back on your behalf. Our attorneys are skillful advocates who can represent you in a hearing if your claim is denied and negotiate the amount of a temporary or permanent disability settlement.

Pre-Existing Conditions and the Second Injury Fund

A prior condition does not disqualify you. New Jersey’s Second Injury Fund exists for workers whose disability results from a new work injury combined with an earlier impairment.

New Jersey Workers’ Compensation FAQ

Can I sue my employer for a workplace injury?

Almost never. Workers’ compensation is the exclusive remedy against your employer, which is why the system is no-fault. The exception is a third party, such as a negligent driver, a property owner, or an equipment manufacturer. A third-party lawsuit can recover pain and suffering, which workers’ compensation does not pay.

Contact Our New Jersey Workers’ Compensation Lawyers

Feitlin, Youngman, Karas & Gerson, LLC represents injured workers in Bergen County and throughout New Jersey in workers’ compensation claims. To speak with the experienced workers’ compensation lawyers in our Glen Rock office, simply contact us today.