Accomplished NJ Workers’ Compensation Attorneys Fight for Your Benefits
Capable representation for appeals of denied claims and disability settlements
If you are an employee of a business and you suffer a work-related injury or illness, you are entitled to a range of workers’ compensation benefits, including medical treatment and partial wage replacement. Worker’s compensation is a no-fault insurance program, so you don’t have to prove someone else was responsible, and you are covered even if your own negligence caused the accident. Generally, the system works smoothly, providing a safety net for workers and protecting employers from lawsuits. But too often, workers have claims denied, or face unreasonable obstacles in accessing benefits. If this happens to you, our workers’ comp attorneys at Brach Eichler are ready to help. With determination and close attention to every detail, we manage workers’ comp appeals and resolve disputes over benefits, so you can enjoy financial security and peace of mind.
Benefits available through NJ workers’ compensation
New Jersey workers’ compensation benefits fall into five main categories:
- Medical benefits — Employers must provide immediate, necessary, and curative medical treatment until maximum medical improvement is reached. Maximum medical improvement is reached when additional medical treatment will no longer cure and relieve the effects of your injury. On the other hand, Medical treatment that merely alleviates pain is not required to be provided by employers. Employers also have an absolute right to choose your treating physician and are only required to pay for treatment which is deemed reasonable and necessary.
- Lost wages — In the event that a workers’ compensation doctor finds you unable to work, employers are required to provide wage continuation benefits until a doctor determines that maximum medical improvement is reached.
- Permanency awards — Employers must provide monetary compensation for any permanent injuries sustained as the result of a workplace accident.
- Death benefits — Employers must pay benefits to the dependents of a deceased employee.
As your workers’ compensation counsel, our task is to help ensure you receive the full measure of every benefit you’re entitled to.
NJ workers’ compensation requirements
In New Jersey, an injured worker may be eligible to bring a workers’ compensation claim if an employee/employer relationship exists and the accident arises out of, and in the course of employment:
An accident arises “in the course of employment” when it occurs: within the period of employment, at a place where the employee may reasonably be, and while employee is reasonably fulfilling the duties of the employment, or doing something incidental thereto. “Arising out of employment” refers to the causal origin of the accident in relation to the employment. It requires an analysis of the risk which gave rise to the injury and whether such risk is contemplated as an incident of the employment.
Types of workers’ compensation claims in New Jersey
In New Jersey, two types of workers’ compensation claims are compensable: traumatic injury claims and occupational disease claims.
Traumatic injury claims are claims that involve a one-time trauma that is physical or psychological in nature. Common traumatic events include:
- Slip or trip and fall
- Hit by object
- Burn or electric shock
- Vehicle accident
Occupational disease claims are claims that involve injuries caused by repetitive activity or exposures over a period of days, months, or years. Occupational diseases may include, but are not limited to:
- Repetitive stress injuries
- Chronic obstructive pulmonary disease (COPD)
- Hearing loss
- Hypersensitivity pneumonitis
- Silicosis white lung
Our attorneys have broad experience with worker’s comp claims arising from traumatic events and occupational diseases. If you claim has been denied, we can help you prove the necessary elements required for approval on appeal.
Contact our aggressive NJ workers comp lawyers to access your benefits
Brach Eichler Personal Injury provides determined representation for injured workers throughout New Jersey. Let us help you obtain the full range of workers’ comp benefits you deserve. Call us today at 973-364-8300 or contact us online to schedule a free consultation.