Workers' Compensation Attorneys Serving New Jersey

Brach Eichler Injury Lawyers provides capable representation for appeals of denied claims and disability settlements

Suppose you are an employee of a business and you suffer a work-related injury or illness. In that case, you are entitled to various workers’ compensation benefits. These include 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. You are covered even if your 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 New Jersey workers’ compensation lawyers at Brach Eichler Injury Lawyers are ready to help. With determination and close attention to every detail, we manage workers’ comp appeals and resolve disputes over benefits so that you can enjoy financial security and peace of mind.

Do I Need A Workers’ Compensation Lawyer?

The no-fault aspect of workers’ compensation leads many employees to believe they need no help completing an initial application. However, Various issues can arise when workers attempt to file claims independently. Stubborn workers’ compensation insurance carriers or self-insured employers often seize upon superficial reasons to deny payment of benefits; hard-working New Jersey employees can often be penalized for inadvertently failing to include necessary evidence proving the true nature of their impairment.

An experienced workplace injury attorney assisting you in filing a workers’ compensation claim knows how to avoid the most common errors that lead to denied applications. They can otherwise navigate through an often-complicated process. Beyond workers’ compensation benefits, a lawyer can determine through a follow-up investigation if a non-employer third party bears liability for your accident, thus potentially entitling you to additional monetary damages.

Unlike employers and co-workers shielded from lawsuits because workers’ compensation is an exclusive or sole remedy, negligent third parties can face personal injury lawsuits in civil court.

A lawyer will be able to determine the actual value of your claim and submit a formal demand letter to an insurance company as a prelude to negotiating a possible settlement. If an insurer is unwilling to agree to fair terms, the attorney can file a lawsuit to take your case to trial.

Why Choose Brach Eichler Injury Lawyers To Handle My Workers’ Compensation Case?

Brach Eichler Injury Lawyers has a record of success, including over $425 million recovered for our clients. We were ranked a Top 40 Law Firm by the New Jersey Law Journal.

Brach Eichler Injury Lawyers has also been recognized as the best law firm in New Jersey, with a tier-1 ranking for personal injury litigation. Our NJ workers’ comp attorneys combine experience, expertise, and attention to detail to deliver quality results while excelling at client care during an exceptionally trying time in your life.

Our firm represents clients on a contingency fee basis; there are no upfront legal fees. We only get paid if you receive a workers’ comp award.

Benefits available through NJ workers’ compensation

New Jersey workers’ compensation benefits fall into five main categories:

Medical benefits

Employers must cover all necessary and reasonable medical treatment, prescriptions, and hospitalization services related to a work injury. An employer can designate an authorized treating physician for all work-related injuries. An injured worker can choose the treating physician only when an employer refuses to provide medical treatment or an emergency exists. In an emergency, an injured worker must notify an employer as soon as possible concerning the treatment being received.

Temporary disability benefits

An injured worker disabled for more than seven days is eligible for temporary total benefits at a rate of 70 percent of their average weekly wage. The benefits cannot exceed 75 percent of the statewide average weekly wage (SAWW) or be less than the minimum rate of 20 percent of the SAWW. Temporary benefits are provided when a worker cannot work and is under active medical care; the minimum rate in 2020 is $252, while the maximum is $945. Benefits are terminated when a worker is released to return to work in some capacity or they have reached the state of maximum medical improvement (MMI), which describes when additional treatment will no longer improve the medical condition of an injured worker.

Permanent partial benefits

A work-related injury or illness that causes a partial permanent disability will result in benefits based upon a percentage of certain “scheduled” or “non-scheduled” losses. Scheduled losses involve arms, legs, hands, feet, fingers, toes, eyes, ears, or teeth. However, non-scheduled losses are any areas or systems of the body not specifically identified in the schedule (such as the back, heart, or lungs). Permanent partial benefits are paid weekly and are due after the date the temporary disability ends. In 2020, the minimum permanent partial award is $35, and the maximum is $945. You can review the complete schedule of disabilities for maximum benefits.

Permanent total benefits

Employees may be entitled to permanent total disability benefits if a work injury or illness prevents them from returning to any gainful employment. Permanent total benefits are weekly benefits initially provided for 450 weeks. The benefits can continue past the initial 450 weeks when the injured worker can prove they cannot earn wages. Wages earned after 450 weeks offset the weekly computation in proportion to the income at the time of the injury. Like temporary disability benefits, permanent total benefits are based on 70 percent of the average weekly wage. They cannot exceed 75 percent of the statewide average weekly wage (SAWW) or be less than the minimum rate of 20 percent of the SAWW.

Permanent Total Disability is presumed when a worker loses two major members or a combination of members of the body but can also result from a combination of injuries rendering the worker unemployable. The Second Injury Fund (SIF), administered by the state Division of Workers’ Compensation, makes benefit payments to injured workers who are totally and permanently disabled due to their last work-related injury combined with the workers’ pre-existing disabilities. The minimum rate for permanent total benefits in 2020 is $252, while the maximum is $945.

Death benefits

Dependents of workers killed by work-related injuries or illnesses can be eligible for death benefits, consisting of weekly benefits payments of 70 percent of the deceased worker’s weekly wage. The benefit amount will be divided by the surviving dependents as determined by a judge after a hearing on the extent of dependency. Surviving spouses and natural children in a decedent’s household at death are conclusively presumed to be dependents. Still, surviving spouses and natural children who were not part of a decedent’s household at the time of death and any other alleged dependents must prove actual dependency.

Children deemed dependent will remain so until they turn 18 or are full-time students until age 23. Physically or mentally disabled children can be eligible for additional benefits. Employers or their insurance carriers are also responsible for paying as much as $3,500 in funeral expenses for job-related deaths; such funds must be paid to whoever is liable for the funeral bill. The maximum death benefit in 2020 is $945.

New Jersey 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 the employee is reasonably fulfilling the employment duties 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 that gave rise to the injury and whether such risk is contemplated as an incident of 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 involve a one-time trauma that is physical or psychological. Common traumatic events include:

• Slip or trip and fall
• Hit by object
• Overexertion
• Burn or electric shock
• Vehicle accident

Frequent causes of accidents include:

• Poor instructions
• Overexertion
• Distractions
• Heavy lifting
• Failure to maintain the work area
• Falling objects
• Repetitive motions
• Poor lighting
• Fatigue
• Caught in-between incidents
• Struck by incidents
• Assaults or other acts of violence by co-workers or third parties
• Trip or slip and fall accidents
• Falls from heights

Occupational disease claims involve injuries caused by repetitive activity or exposures over days, months, or years. Occupational diseases may include, but are not limited to:

• Mesothelioma
• Repetitive stress injuries
• Asbestosis
• Asthma
• Chronic obstructive pulmonary disease (COPD)
• Hearing loss
• Hypersensitivity pneumonitis
• Pneumoconiosis
• Silicosis white lung

Our attorneys have broad experience with worker’s comp claims from traumatic events and occupational diseases. If your claim has been denied, we can help you prove the necessary elements required for approval on appeal.

Contact our aggressive New Jersey workers’ comp lawyers to access your benefits

Brach Eichler Injury Lawyers provides determined representation for injured workers throughout New Jersey. Our team is especially skilled at dealing with insurance companies and medical providers in handling workers’ comp claims, allowing you to focus on what is truly important: regaining your health and returning to work. Call (973) 364-8300 or contact us online to set up a free consultation. We have offices in Roseland, Paramus, Jackson, and New Brunswick.