Cost of a Workers’ Compensation Attorney Monmouth and Ocean County NJ
Accidents happen, and when they do, there are important steps to take to ensure that you are financially compensated for medical and other expenses you pay for if the accident was not your fault. This can be a disconcerting process, but with the support of an experienced workplace injury lawyer, you can be sure that you’ll receive your fair share and be able to focus on your full recovery.
When you are in an accident at your workplace, you must file a workers’ compensation claim. The New Jersey workers’ compensation system was set in place to protect employees who were injured due to their employer’s negligence and inevitable dangers of the workplace. However, despite this system existing to ensure that you receive full financial damages for your injury, you may not seek the full extent of compensation you are entitled to, or you may wonder about how the claims process works and whether your employer will have your personal and medical information on file as a result; for this reason, it is important to seek the support of a workplace injury attorney.
Overview of Workers’ Compensation
All legal employees of a company have the right to protect the New Jersey workers’ compensation system through workers’ compensation insurance. The Department of New Jersey Labor and Resource Development states that all employees (or dependents, in the case of the employee’s death) can receive workers’ compensation payment in the case of an accident, injury, or death that occur at the workplace or on the job for as long as they are employed. This includes medical expenses incurred as a result of the accident, lost wages during recovery, and, in extreme cases, permanent disability benefits.
According to the New Jersey Department of Labor and Resource Development, the number of workers’ compensation claims and payouts has steadily risen over the past decade, as well as the number of workers’ compensation claims that have been reopened, signaling a trend that the government is ensuring that workers’ rights are met.
How much does it cost to file a workers’ compensation claim?
Workers’ compensation cases are handled on a contingency fee basis. This means that you don’t pay a workplace injury lawyer unless you win your case. This setup ensures that victims of accidents that happen while at their workplace don’t shy away from ensuring that their rights are met. The full extent of their financial damages recovered because of the incapability of paying traditionally steep lawyers’ fees. Workplace lawyers generally receive a fixed 20 percent of the financial settlement you receive. Of this 20 percent, you are usually not responsible for covering it all. In fact, generally speaking, your insurance company pays 60 percent of the recovered finances, and you pay 40 percent. For example, if you received a $10,000 settlement after being injured at work, your workplace injury attorney would receive $2,000 of that award. Your personal injury insurance provider would pay $1200 of that fee, and you would pay $800.
Again, while it is an employer’s legal responsibility to provide workers’ compensation payments to anyone who files a workers’ compensation claim and wins the case, the way that the case is handled often varies drastically depending on whether a person is representing themselves or if a workplace injury attorney represents them. It is in your best interest to allow a professional to support you in reclaiming your full and fair share of finances to cover medical expenses, related out-of-pocket expenses, lost wages, and disability payments.
It is wise to seek the following information from a workers’ compensation attorney in your initial consultation, in addition to requesting information about their experience in the field:
Do you qualify for workers’ compensation benefits? Explaining your accident’s nature to the lawyer will help them determine whether you qualify to seek damages for injuries and lost wages related to the accident; it will also help them determine if they will want to take the case.
Do you qualify for both medical and disability benefits? Depending on the nature of your injury, the damages sought will differ.
Do you have to seek a company-approved medical provider for injuries related to the accident? Some employers have set medical providers, and only by seeking medical care will your expenses be covered by workers’ compensation benefits.
Consult a West Long Branch Seasoned Personal Injury Law Firm
At Chamlin, Uliano & Walsh, our experienced team of workers’ compensation attorneys supports clients across Red Bank, Freehold, Long Branch, and Monmouth County in all matters of workplace injury.