Written by: Brach Eichler Injury Lawyers
Last Updated : December 5, 2022
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 Injury 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 Injury Lawyers?
Brach Eichler Injury 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 $425 million for our clients.
At Brach Eichler Injury Lawyers, we know that many people feel anxious about the costs of hiring a lawyer. At Brach Eichler Injury 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.