Jersey City Workers’ Compensation Lawyers
If you suffered an injury or illness on the job, you could be eligible to claim workers’ compensation benefits. These benefits can cover your medical bills and any wages you lost due to a temporary or permanent disability. All New Jersey employers that employ at least one employee are required to carry workers’ compensation insurance to cover their employees in these situations.
Workers’ compensation can help support you while you recover from your injury and figure out how to get back on your feet. However, getting the benefits you need and deserve can often prove to be challenging. Hiring our experienced Jersey City workers’ compensation attorneys can help ensure that you get the medical treatment and partial wage replacement you’re owed according to your employer’s policy. Contact a skilled attorney from Brach Eichler Trial Lawyers today by calling (201) 583-5765 to schedule your free consultation.
Why Do I Need an Attorney?
Workers’ compensation cases are notoriously complicated. These claims are governed by a set of strict notification and filing deadlines. Missing a deadline or making a small mistake on your claim application can result in a denied claim. An attorney experienced in workers’ compensation law will have the skills, resources, and knowledge necessary to effectively stand up to adverse insurance companies.
A workers’ compensation lawyer can assist with many of the issues that can arise during a workers’ compensation claim. Some of these issues often include:
- Claim denial based on insufficient medical evidence of illness/injury
- Employer suddenly challenging your employment status (for example, arguing that you are an independent contractor rather than a full-time employee)
- Difficulty obtaining adequate medical care
- Employer questioning your eligibility for workers’ comp benefits
Always consult an attorney before accepting any compensation from an insurance company or signing any legal documents. Insurance companies will offer low settlements, taking advantage of injured workers who are stressed, under financial strain, and unfamiliar with the workers’ compensation system. If you accept a settlement, you will be required to sign an agreement that releases the insurance company from responsibility for any future payments. Once you sign such an agreement, it is extremely difficult to undo, even if you realize you were entitled to more benefits.
Why Should I Choose Brach Eichler Trial Lawyers?
Brach Eichler Trial Lawyers is a team of highly experienced and accomplished personal injury attorneys who are ready to fight for your access to your workers’ compensation benefits. We are passionate about advocating for our clients. After every case, we ask ourselves these three questions:
- Did we provide justice?
- Did we obtain adequate compensation to meet your current and future needs?
- Are you and your family more secure now than when you came to us?
We are dedicated to ensuring that we can always answer “yes” to these questions after every case. We have an excellent track record of obtaining favorable results, and have won more than $227 million for our clients.
At Brach Eichler Trial Lawyers, we know that many people feel anxious about the costs of hiring a lawyer. At Brach Eichler Trial Lawyers, we believe that quality legal representation should be available to everyone, regardless of financial circumstances. That’s why we operate on a contingency-fee-basis, which means that we only get paid if we win your case. At that point, we take a small percentage of your overall compensation. If we do not obtain a favorable outcome on your behalf, then you do not owe us any money. This approach allows you to use our legal services at no financial risk to you.
We also offer a 100 percent-free initial consultation in which you can tell us about your case and ask questions. Call us today at (201) 583-5765 to schedule your consultation today.
Qualifying for Workers’ Compensation Benefits
Workers who injure themselves while at their workplace are generally eligible for workers’ compensation benefits. You do not need to prove that anyone was responsible for your injury. In fact, you could have caused your own injury, and you may still be eligible for benefits as long as you were not acting recklessly. These are a few of the requirements that you must meet in order to be eligible for benefits.
- Your injury must have occurred while performing job duties – For example, an injury that occurred while you were commuting to work would likely not be covered. However, if you were driving somewhere as a part of your job duties, like making a delivery or visiting a client, it’s more likely that would be covered. Insurance companies often try to argue that an injury occurred outside the scope of an employee’s job responsibilities, but an experienced attorney can help counter this argument by providing evidence of your usual job responsibilities.
- You must be an actual company employee, not an independent contractor – This may seem like an obvious distinction, but sometimes the lines between these two employment categories can become blurry, especially if employment records are not well maintained.
- You must notify your employer of the injury within a certain time frame – In New Jersey, you are required by law to report the injury to your employer within 90 days of the accident or when you began to notice symptoms.
- Your injuries must not have been caused by misconduct, violation of safety rules, or other reckless behaviors, like intoxication – For example, if a construction worker suffered a concussion at work and was not wearing a hard hat, their claim for workers’ compensation benefits may be weakened. Insurance companies often try to argue that the injured worker behaved recklessly and caused their injury. To prove that you were not behaving recklessly, your attorney may gather evidence such as security tapes, eyewitness testimony, and other reports and documents.
Types of Workers’ Compensation Benefits in New Jersey
If you become injured at work, you need to report the incident to your employer immediately. According to New Jersey workers’ compensation law, your employer has the right to select your medical provider. If you seek medical care before you report your accident, you may risk compromising your claim.
The following are the types of workers’ compensation benefits offered in New Jersey:
- Temporary total disability benefits can be awarded when workers are temporarily unable to work or unable to fully complete work duties. The benefit amount depends on the severity of the injury and the wages earned prior to the injury. It can range from $216 to $810 per week.
- Permanent partial disability is awarded when a workplace incident leads to injuries that make an employee permanently unable to perform a part of their work duties. It can range from $85 to $810 a week, depending on the extent of the disability.
- Total disability is when an injury is determined to be permanent and completely prevents an employee from carrying out workplace duties. The benefit is calculated as a percentage of the pre-injury wage and depends on the severity of the injury and degree of disability. It ranges from $216 to $810 per week.
- Death benefits can be awarded to the family of a worker who died from injuries resulting from a workplace incident, and can be up to $810 a week.
A permanent partial disability is a lasting impairment that reduces your ability to perform daily tasks and complete job responsibilities. In contrast, a permanent total disability completely eliminates your ability to carry out tasks and job responsibilities. For example, a permanent partial disability could be the loss of one hand, whereas a permanent total disability would be the loss of both hands.
Injuries That Develop Slowly Over Time
Your injury does not have to occur as the result of a sudden, isolated incident like a fall or car crash in order for you to be eligible for workers’ compensation benefits. There are two broad categories of conditions eligible for workers’ compensation that tend to develop slowly over time. These include occupational diseases, such as mesothelioma (a cancer caused by inhaling asbestos particles) and silicosis (a lung disease caused by inhaling crystalline silica dust). They also include injuries caused by repetitive actions, like carpal tunnel and tendonitis.
Report these conditions to your employer as soon as you notice symptoms. Your lawyer will help prove that your condition occurred as a result of your workplace duties. This may require hiring expert medical witnesses who can testify that many occupational diseases and repetitive trauma injuries likely occurred at the workplace.
Contact An Experienced Jersey City Workers’ Compensation Attorney
If you have suffered an on-the-job injury or developed symptoms of a workplace-related illness or injury, you may be eligible for workers’ compensation benefits. These benefits can help cover medical bills and lost wages, whether you are temporarily or permanently unable to work.
At Brach Eichler Trial Lawyers we are proud of the work we do to advocate for our clients. Our long track record of recovering compensation and benefits for our clients is a reliable indicator of our ability, dedication, and determination to help our clients. Call us today at (201) 583-5765 to schedule your free consultation.