Workplace accidents may result in serious injuries to employees. Whether you work on a construction site or in an office, if you suffer a job-related injury, you may be eligible for workers’ compensation benefits. The workers’ compensation system in New Jersey is designed to help employees in the state who suffer job-related illnesses or injuries, and it provides benefits to people who are dependents of workers killed on the job. Unlike a personal injury plaintiff, an injured worker is supposed to be able to recover benefits without proving fault. Unfortunately, however, insurers sometimes put profits ahead of people, and valid claims may be denied. Representation by an experienced Middlesex County workers’ compensation attorney may make a difference. At Siegel & Siegel, we are committed to helping people who need a construction accident lawyer or assistance with other types of job injury claims in Middlesex and Mercer Counties.
All New Jersey employers that are not covered by federal law must have workers’ compensation coverage or approved self-insurance. In exchange for guaranteed benefits, workers give up the right to sue their employers.
Benefits that are available to workers injured on the job include medical benefits, temporary total disability benefits, permanent total disability benefits, permanent partial disability benefits, and death benefits. Medical benefits include a wide range of necessary and reasonable medical treatments, medications, hospital services, and therapy.
The employer or its insurer is entitled to designate who treats you in connection with a work-related injury. It should offer you prompt medical treatment, including emergency room care. However, you should be aware that an employer that provides you with medical coverage has not necessarily admitted liability.
Disability benefits kick in if you are disabled and unable to work for more than seven days. You may recover temporary total disability benefits at a rate of 70% of your average weekly wage. However, these benefits may not be more than the statutory maximum rate, nor may they fall below a certain minimum rate. You may keep getting these benefits until you go back to work, get to maximum medical improvement, or reach 400 weeks with these benefits.
Sometimes occupational injuries are permanent. For example, if you are paralyzed while working on a job site, you may never be able to perform that job again. If you are stopped from going back to any type of gainful employment, you can get permanent total disability benefits. They are provided for an initial period of 450 weeks but may be extended if you are able to show that you are still totally disabled. The benefits are paid on a weekly basis and are based on 70% of the average weekly wage, but not more than the statutory maximum or minimum. Our workers’ compensation attorneys can help Middlesex County employees make a strong case for the type of benefits that they deserve.
Workers sometimes die on the job as a result of acute injuries. If you are a dependent of someone who died because of occupational injuries or illnesses, you may be able to get up to $35,000 in funeral expenses, as well as weekly benefits that are equal to 70% of your loved one’s wages, up to the statutory maximum.
Some workers are worried that they will be treated adversely if they bring a workers’ compensation claim. However, it is illegal for your employer to terminate your employment or engage in other discriminatory acts because you tried to claim workers’ compensation benefits.
What if you have a pre-existing condition? In New Jersey, the Division of Workers’ Compensation administers a second injury fund that will make benefits payments to injured workers who are totally and permanently disabled due to work-related injuries that combined with pre-existing disabilities. It was created to encourage employers to hire workers with disabilities, and in cases involving disabled workers with job-related injuries that exacerbate a disability, the employer will pay for the work-related aspect of the award, rather than its entirety.
Workers’ compensation decisions by insurers are not always fair. Our firm focuses on helping employees seek benefits after a job-related injury or illness. Our Middlesex County workers’ compensation attorneys represent accident victims in Plainsboro, Cranbury, South Brunswick, North Brunswick, New Brunswick, Edison, Piscataway, Trenton, Princeton, Hamilton, and West Windsor, as well as other communities in Middlesex, Mercer, Burlington, Monmouth, and Union Counties. Contact us online or at 609-799-6066 for a free appointment. We also can assist people who need a personal injury lawyer or a wrongful death attorney to bring a third-party claim after a workplace accident.