Workers Compensation

Monmouth County NJ Workers’ Compensation Attorneys

If you have been injured at work, you face many challenges, including pain, medical treatment, medical costs, the absence of income, and many others. Whether your job is relatively low risk or highly dangerous, whether your injury is occupational or traumatic in nature, living with this situation can be confusing, stressful, and upsetting to you and your family. If you choose the right attorney, he or she can help you navigate the complex processes required by New Jersey workers’ compensation law to obtain the maximum monetary assistance and other crucial benefits that you are entitled to, including wage loss replacement and medical benefits.

If you need legal guidance and experienced assistance with a workers’ compensation claim in New Jersey, Chamlin, Uliano & Walsh can help. Although New Jersey state law allows your employer’s insurance company to control your medical treatment, our trained attorneys can assist you in achieving the medical treatment that you require. If you have a partial or total permanent disability as a result of an injury you sustained at work, a cash settlement may be possible. In addition, in situations where you have sustained a permanent disability, you may also be entitled to Social Security benefits or pension benefits. Finally, our staff of workers’ compensation attorneys will determine whether you may be entitled to further monetary compensation if your work injury was caused by the negligence of someone other than your employer. Contact us at 732-440-3950 to get the benefits you deserve.

Ocean County NJ Workers’ Compensation Lawyers

Here are some extremely basic principles of workers’ compensation law, as well as just a few examples of cases we handle:

  • Income benefits
  • Permanent disability
  • Light duty work
  • Total disability
  • Aggravation or exacerbation claims
  • Third-party claims
  • Police officer/Correction officer
  • Social Security Disability
  • Medical benefits
  • Cash settlements
  • Workplace injuries
  • Repetitive stress injury
  • Pulmonary and respiratory injuries
  • Construction workers and laborers
  • Firefighters/firemen
  • Second Injury Fund

Many factors determine what you may be able to do to get the help you need, and some deadlines might apply. It is crucial that you choose the right attorney, right away. Kenneth W. Chamlin, Esq., who leads this department, is a member of the Monmouth Bar Association’s Workers’ Compensation Committee and has been its past chairman for several years and trustee representative to the Bar Association. He and his team of attorneys and assistants have years of experience in this area of the law.

Who is Covered under NJ Workers’ Compensation Law?

When your health suffers because of your job, you have rights to compensation for your medical care, permanent or temporary disability, and financial losses through the workers’ compensation system. All workers, excluding independent contractors, are typically covered as employees. Since independent contractors are not employees, they are ineligible for employee benefits under workers’ compensation laws. Certain other exceptions apply to sole proprietorships when the only employees are the owners of the company. The federal workers’ compensation laws authorize coverage for federal employees, such as maritime and railroad workers.

When Does an Injury Qualify for Workers’ Compensation Benefits?

New Jersey’s Workers’ Compensation Act determines when an injury qualifies for compensation benefits. Compensable illnesses and injuries happen in and from employment. The workplace may be risky for head and brain injuries due to traumatic impact when accidents occur involving heavy machinery, heights on construction sites, and falling items in warehouses. Bruises, broken bones, burns, cuts, skin rashes, lung damage, cancer, and respiratory illnesses may also occur in workplaces with chemicals and vehicles. Repetitive motion injuries, falls, and electrocution are other injuries common in factories, construction sites, and warehouses. Provided that the illness or injury arises from employment and is contracted while performing work duties, an employee can generally claim benefits. They must also prove, however, that their employment or occupation caused the injury or illness due to the nature of their job and that performing their job contributed to their sickness or harm.

The Role of Employers in Workers’ Compensation Claims

Once you report your work accident, your employer has specific responsibilities. After all, workers’ compensation is no-fault insurance. As such, an employer must notify the workers’ compensation insurer of the accident by completing and uploading a First Report of Injury form to the state worker’s compensation division within three days of the injury. The employer must also cooperate with the worker’s compensation insurance carrier during their claim investigation. If your employer refuses to file a report, you can file it yourself by contacting the worker’s insurance carrier or retaining the services of a workers’ compensation attorney who can serve on your behalf.

After the employer files an initial report to the state, the workers’ compensation carrier evaluates the claim after interviewing the employer, employee, and employee’s doctor. Once the claim is approved, the employee sees a workers’ compensation doctor for treatment. Temporary disability benefits are available after seven days. Once the employee returns to the job or no longer improves with treatment, the insurer files a Subsequent Report of Injury with the state and sends it to the employee for review.

Importantly, under N.J.S.A. 34:15-39.1, an employer may not legally fire an employee or discriminate against them for claiming compensation benefits. The penalty for illegal firing or discrimination is up to 60 days in prison and a potential $1,000.00 fine.

What can be Obtained through Workers’ Compensation in New Jersey?

Once a worker receives claim approval, they may be eligible for various benefits to treat their condition and financially support their recovery, regardless of who is at fault for the work-related injury or illness.

1. Understanding Medical Coverage Under Workers’ Compensation

Workers’ compensation benefits include medical expenses coverage for doctor visits, hospital stays, treatment, and medications. The workers’ compensation chooses the doctors and facilities for treatment.

2. Temporary Disability Benefits: Financial Support for Employees Unable to Work Due to Injury or Illness

An injured or sick employee may be unable to work while attending medical appointments and receiving treatment. Depending on their condition, the employee may be temporarily disabled. When that happens, the employee can receive temporary disability benefits when the employee is too sick or injured to work for more than seven calendar days. Thus, the benefits cover the employee’s lost wages while they cannot work.

3. Permanent Disability: Long-Term Benefits for Workers with Lifelong Injuries

Some injuries or illnesses, such as brain injuries or paraplegia, are permanent. These types of injuries permanently sideline an employee from the workplace. Therefore, they receive benefits for their permanent injury or illness when employment causes such injury or disease.

4. Death Benefits and Financial Support for Families After Workplace Tragedies

Sadly, some employees die from workplace accidents or employment-induced illnesses, such as asbestosis. When that happens, the worker’s legal spouse, civil partner, or biological children may collect death benefits, including funeral and living expenses, calculated at 70% of the worker’s salary.

The Mechanics of Workers’ Compensation Benefit Calculations

New Jersey compensates those needing workers’ compensation benefits based on a yearly statewide average weekly wage that the labor department publishes. Payments to workers or their dependents of a deceased worker amount to 70% of the injured worker’s average earnings, maxing out at $1,099 weekly and starting at a minimum of $293. The amounts range from 75% to 20% of the statewide average weekly wage. Permanent partial disability payments are the lesser of 75% of the statewide average weekly wage or 70% of the worker’s weekly wage. Those published rates are on a disability schedule. Temporary disability benefits are available for no more than 450 weeks; applicants must apply for permanent disability beyond that time frame. Permanent partial disability payments extend to 600 weeks. Lifetime payments may come from the State of New Jersey’s second injury fund.

Key Deadlines to Remember When Filing a Workers’ Compensation Claim in New Jersey

An injured worker has two years to file a workers’ compensation claim. They must file a petition within two years of the date of injury or last compensation payment, whichever is later.

Contact a New Jersey Workers’ Compensation Law Firm

It is essential to have a seasoned and highly knowledgeable workers’ compensation lawyer by your side as you fill out forms, seek treatment, and return to work or seek permanent disability benefits. Worker’s compensation insurers often take an adversarial stance, so it is essential to prioritize obtaining everything that you need for maximum recovery and financial support. Hiring a workers’ compensation attorney at Chamlin, Uliano & Walsh can help ensure that you receive all of your benefits while you recover from a workplace injury or illness. When your employer or the workers’ compensation insurer is uncooperative, our dedicated New Jersey workers’ compensation lawyers can fight for the medical treatment and benefits you are entitled to, filing motions with the Workers Compensation Court for a hearing on disputed matters and fully supporting your claim with a compelling body of evidence.

Please contact us online at call 732-440-3950 to speak with an attorney who can assist you with navigating the workers’ compensation system for maximum success. With local offices in Long Branch, NJ, our team assists workers throughout Monmouth County, Ocean County, and Southern New Jersey, including in communities like Holmdel, Wall, Freehold, Red Bank, Howell, Belmar, Middletown, Asbury Park, Neptune, and Toms River. Our workers’ compensation lawyers are prepared to answer all of your questions, address your concerns, and work tirelessly to meet your needs in a professional and confidential manner.