The Importance of Filing a Workers’ Compensation Claim Quickly

Filing a Workers’ Compensation Claim Quickly

If you are a worker who was hurt on the job, then it can be traumatic for you as well as your co-workers and the employer. Giving the injury proper medical attention takes first priority, of course. But, post that, it is important that the second step of filing a claim for workers’ compensation is not forgotten.

Employee Morale

When you report a workers’ compensation claim at the earliest, post an employee’s injury, it shows all your employees that your employer cares about their employee’s well-being and that they want them to be compensated for the injury. It also shows that the employer is making an effort on their behalf to follow the law in the right spirit.This will definitely impact the morale of the employees positively.

Swift and responsive handling of the entire process means that the employee can return back to the workforce that much quicker. This also reaffirms faith in the process for everyone and shows that the employer leads by example.

Investigation and Evidence

The sooner the claim is filed, the quicker it is for the insurance carrier or work injury lawyer to investigate and get all the necessary evidence for the claim. Same in case of a dispute.

Considerations such as the cause of injury and the extent of the injury are best determined at times closest to the incident.

This can also help prevent fraudulent claims. It can help identify; if say the claimant was under the influence of drugs or other substances which impaired his or her ability to work. Waiting too long would mean processes like blood work to identify such conditions or gathering reliable information from eyewitnesses with a reliable recall of the incident will get all the more difficult.

Cost of the Claim

The more the delay in filing the claim for workers’ compensation the more the claim will cost. According to this study, delays in claim filing by 2 weeks to a month caused an increase in the cost of the claim by as much as 30%.

If the time to register a claim was beyond 4 weeks, the cost went up to over 50% higher than the lowest median cost; which was when the claim was filed within the first week.

Hence earlier reporting is important not only to ensure timely medical attention but also avoid higher claim costs.

Litigation

With reference to the same study, claims that have faced delays are the ones more likely to have attorney involvement. For example, while claims reported immediately had only 13% attorney involvement, for claims delayed by 4 weeks, the attorney involvement was higher at 32%.

While there is nothing wrong with getting a legal opinion, in most cases a swift resolution is best for all parties involved.

Legal Requirements

Employers are required to let the state’s department of labor know about workers’ compensation claims filed by their employee. Each state has time limits, which must be adhered to. Also, there are certain injuries like the loss of a limb that must be reported to the Occupational Safety Health Administration (OSHA) within a certain period of time. Some states can also penalize the employer for not meeting timely reporting requirements.

Insurance Requirements

Employer’s insurance may have a time limit on the claims that are made to be considered. If this deadline is not met, then the claim may not go through. This may also cause more severe repercussions such as higher premiums or canceled policies.

For all of the above reasons, it is important that work-related injuries or occupational illnesses are reported promptly.

If the employer is made aware of any safety issues, then they can proactively work towards implementing measures to prevent recurrence of the incident. This will also help keep the costs related to workers’ compensation down.

Need a Workers’ Compensation Attorney?

The Law Offices of Goldberg & Wolf can help. If you or someone you know was injured at work or has a workers’ compensation case, contact the experienced attorneys at Goldberg & Wolf. Call us at (856) 651-1600 to speak with a dedicated member of our legal team.

When You Should Represent Yourself or Hire a Workers’ Comp Lawyer

Represent Yourself or Hire a Workers’ Comp Lawyer

If you’ve suffered a work injury or developed an occupational disease, it may be tempting to bypass the seemingly intimidating legal system and attempt to represent yourself in your workers’ compensation case. You may be motivated to save money by not paying legal fees, or by lack of free time to meet up with lawyers or attend court dates. You may feel overwhelmed by medical bills and so focused on your path to recovery that you want your compensation case settled and out of mind as soon as you are able to go back to work.

 

When to Represent Yourself

There are only a handful of situations where you can get away with representing yourself in your work injury case without missing out on the maximum amount of benefits to which you’re entitled, or digging yourself deeper into problems with your employer down the road. You can represent yourself in court if you suffered a small, non-debilitating injury on the job, such as a cut that requires stitches, a twisted ankle, or a muscle sprain. You can also represent yourself if you don’t currently have a pre-existing condition, your employer immediately admits fault for your injury or illness, and you missed less than seven days of work due to your injury.

 

However, for larger issues or potentially illegal situations, such as employer retaliation for filing a workers’ comp claim, it’s best if you consult with an experienced workers’ compensation attorney before proceeding with your case. Situations involving major injuries or illnesses, or any concurrent payouts from Social Security or Medicare, are better handled by someone intimately familiar with workers’ comp law. Although it’s easy to think you’re saving money or headaches by representing yourself, you shouldn’t risk losing benefits you may be eligible for or having your claim denied due to improper filing or representation.

 

When to Hire a Workers’ Comp Attorney

It’s a fairly common occurrence for employees filing workers’ comp claims to settle with their employers if their claim is denied, or if they receive less money than what they should be receiving. Unfortunately, once a workers’ comp claim is closed or settled, it cannot be reopened, and the claimant is stuck with whatever was granted to them, even if it’s not a sufficient amount to cover all of their medical expenses.

 

Hiring an attorney is the only failsafe way to guarantee you’re maximizing your benefits, correctly representing your case, filing the proper paperwork by the proper deadlines, and thoroughly documenting the severity of your workplace injury and your need for employer compensation. Most workers’ comp lawyers will also offer a free initial consultation to consider your situation, so you won’t even have to worry about paying legal fees until compensation is awarded, and even then, a 15-20% fee is worth the satisfaction of knowing you tapped into all of your possible compensation streams.

 

You should hire a qualified work injury lawyer to represent you in the following situations:

 

If you’re reduced to permanent partial or total disability resulting from a work accident, repeated motions or exposure to harmful chemicals that eventually led to the diagnosis of an occupational disease. You may be entitled to lifetime weekly payments or a lump sum settlement for your permanent partial or total disability if your disability is so severe that you can no longer perform the functions of your job, or return to work at all.

 

Since these perpetual payouts are huge expenses for insurance carriers, they will go to any length to ensure they don’t have to pay you what you deserve. Only an expert attorney can help argue your case, so you earn your fair share of compensation.

 

If your employer denies your claim or is late paying your benefits when they’re most needed. People with denied claims are more than likely to simply accept the fact that their claim has been denied when they are actually in a strong position to appeal their claim denial. A dedicated work injury lawyer can guide you through the process of appealing and ensure you receive your fair share of compensation.

 

If you’re also receiving medical benefits or assistance from Social Security or Medicare. The majority of your medical bill assistance will come from workers’ comp, but these payments can offset or interfere with your Social Security and Medicare payments. To avoid losing potential future medical payments or relinquishing a portion of your payout to the Social Security Administration, you should hire a workers’ comp lawyer.

 

If your claim settlement amount isn’t sufficient enough to cover all of your medical expenses or lost wages. Not understanding what wages you deserve in the first place can make this situation much more challenging. Instead of trusting a judge to decide what you deserve, rest easy knowing you have a knowledgeable lawyer on your side. Your initial consultation with nearly all workers’ comp lawyers will be free, and they will know how to argue your case to win you the highest possible settlement.

 

If your employer fired or demoted you, cut your hours or pay, or retaliated against you in any other way for filing your workers’ comp claim. These activities are examples of illegal workplace discrimination and warrant the hiring of a workers’ comp attorney right away.

 

Decide Which Option is Best for You

Deciding to represent yourself in your workers’ comp case can seem like the most convenient option, but it can end up costing you much more than you realize. Consulting with a work injury attorney about your case can give them insight into your situation and help you determine whether or not you can handle the case on your own—all for free.

 

In addition to presenting the facts about your case to the courts in a clear, organized fashion, only a workers’ comp attorney is fully qualified to evaluate and document the severity of your injury or illness and properly estimate how much compensation your case is worth. Your attorney can also help you fill out and submit the required forms for your claim and meet all submission deadlines.

 

The workers’ compensation law system is designed largely to benefit employers and insurance carriers. They are looking out for their own interests and profits above all else, and aren’t afraid to twist your story or discard the facts about your case to ensure you don’t receive your entitled compensation. Don’t wait until your benefits have stopped or your claim has been denied to consult with a work injury lawyer who’s ready to take up your case.

 

If you’re not sure whether to represent yourself in your workers’ comp case, it’s always a sound idea to consult with an experienced workers’ comp attorney. Goldberg & Wolf has been helping clients win the workers’ comp benefits they deserve since 1992. Serving Cherry Hill and the surrounding areas, we are just one call or visit away from learning more about your work injury or occupational disease.

 

We are here to prepare your medical documentation and present your case, so the law is on your side. Contact our dedicated legal team today at (856)-651-1600 today for a free consultation.

The Workers’ Compensation Hearing Procedure for Injured Workers

New Jersey Workers’ Compensation Hearing Procedures

Most workers’ compensation cases result in a settlement between the injured worker, the employer, and their insurer. Settlements can be primarily of two types; settlements for a level of permanency under Section 22 or a full sum settlement under Section 20.

 

What to do in Case of a Work-Related Illness or Injury

In case of a work injury, you should notify your employer within 90 days without fail. The next step is to consult a work injury attorney who is well versed in workers’ compensation law. He or she will file a claim petition for medical and temporary benefits with the Division of Workers’ Compensation. This needs to be done within a 2-year period and applies for both work-related injuries and occupational diseases.

 

What Happens Once You File a Claim Petition?

Once a claim is reported it is investigated by the employer and if it is found that the work that you do, contributed to your injury or illness, your employer will compensate you for:

 

  • The cost of necessary and reasonable medical treatment.
  • Wage replacement benefits during recovery period
  • Benefits for any permanent partial disability / temporary total disability / permanent total disability.

 

While your claim petition is in the process, keep all records related to the claim such as:

 

  • Claim-related forms
  • Accident report if any
  • Medical reports, prescriptions, hospitalization records
  • Any communication from your employer and their insurer

 

It is possible that the insurer might try to delay or deny claims, so work with your attorney so that he or she can build enough evidence to substantiate your claim.

 

You (as well as your employer) can also file for an informal hearing with a Judge of Compensation, where a representative of your employer or their insurer will also be present. Any suggestions made by the judge are not binding on either party. If no agreement is reached then a formal hearing is requested.

 

A formal hearing may be scheduled several months after the injury has occurred. Here, disputes are resolved and details of the benefit payments are determined based upon factors such as the degree of disability, treatment procedures, permanency, work-relatedness of the injury/illness, and compensation rates.

 

Hearing Procedures in New Jersey

While medical treatment after a work related injury will be typically covered by your employer or their insurer, receiving other benefits may depend on the claims process which may vary from state to state. In New Jersey, the procedure of hearing is as follows:

 

  • Post medical treatment, your doctor (or employer) certifies that you have achieved maximum medical improvement (MMI). Twenty-six weeks after this you can file a claim petition.
  • Once released from medical care, your lawyer will look through your records and ensure your case is ready for either hearing or for discussion of the settlement amount with your employer. This process takes a period of approximately nine months up until the first hearing.
  • When a settlement is agreed upon, the case will proceed to the settlement hearing. If not then the case is adjourned for a number of cycles, each cycle being 3 weeks.
  • Not all claims go to trial, the ones that do are listed on a 3-week cycle by the Division of Workers’ Compensation.
  • Within the 3-week period, or if extended over adjournments to more cycles, the case is eventually closed by judgement from the court, a lump sum payment or, order approving a settlement which is more common.
  • The case may also be dismissed without (or with) prejudice.
  • Following this, the settlement awards and attorney fees are paid out by the insurer or employer.

This is usually the final step of the entire claims process that you started many months ago. While this may have been a difficult journey, your attorney can be an invaluable partner during this process to make sure you get what you deserve.

 

The dedicated attorneys at Goldberg & Wolf can help you through the workers’ compensation claim process and hearing procedure if you or someone you know were injured at work. Contact our legal team today at (856) 651-1600 for more information.

The Evolution and History of the Workers’ Compensation Law

Through the centuries, the definitions of words have changed, going through a metamorphosis. They have also developed synonyms and slang terms. This occurs in any industry and for any product.

For example, the word automobile became auto and then a car. They mean the mean the same thing. However, a person may use “auto” while another individual may use “car” based on where they live and from social influence.

The same can be said of workers’ compensation. The system not only went through many changes to form the workers’ compensation we know today but in name as well. It has many names, most commonly still used is workmans’ compensation. But how where did this phrase come from?

How Workers’ Compensation Began

According to The Iowa Orthopaedic Journal, workers’ compensation law dates to ancient Sumeria. The law of Ur-Nammu in 2050 B.C. provided monetary compensation for workers’ body parts that were injured on the job.

From there, it went through many changes to focus more on the employer than the employee. In the late Middle Ages, the legal framework of workers’ compensation was formed and was defined by three principles, which lasted until the Industrial Revolution:

  • Contributory Negligence: If the worker was at fault for his injury, then the employer was not responsible.
  • The “Fellow Servant” Rule: If the worker’s injury resulted from the carelessness of a “fellow servant,” then the employer was not responsible.
  • The “Assumption of Risk:” Employees did not realize the danger of their jobs when they signed their contracts. But by signing the contract, the employee assumed the risks that came with the job. These contracts became known as “worker’s right to die” or “death contracts.”

In the nineteenth century, the only way for workers to get compensation was to sue their employer. This was a costly process, and few workers were victorious.

The biggest change to workers’ compensation came with Chancellor Otto von Bismarck in the late 1800’s in Prussia. Bismarck needed the support of the working man, so he created the Workers’ Accident Insurance in 1884, which was followed by the Public Pension Insurance.

It provided a stipend for workers injured from non-work related illnesses and Public Aid for those who became permanently disabled. These programs fueled the notion of providing care to workers hurt on the job across Europe and then to the United States. The focus on the employer was now shifting to the employee.

It wasn’t until many failed attempts by varies states in the U.S. that the federal government created a law (1908) that would cover workers involved in interstate trade. The first workers’ compensation passed in 1911 in Wisconsin. By 1948, every state had workers’ compensation legislation.

Universal Tenets of Workers’ Compensation

Although workers’ compensation laws vary from state to state, they all have these tenets:

  • Employees can receive workers’ compensation benefits even if the worker is at fault.
  • Employees cannot sue their employers if they receive workers’ compensation benefits.
  • Employees can sue third parties (i.e. product manufacturers) that caused their injuries.

How Workmans’ Compensation Became Workers’ Compensation

Just as the framework of workers’ compensation changed over the centuries, its name changed too. In 1880, the English called it “workingmen’s compensation” when Parliament passed the Employers Liability Act.

In 1897, this Act was replaced by the Workmans’ Compensation Act. It wasn’t until the twentieth century in the United States, did “workingmens’” became workmans.’ This change occurred in Florida as they were formalizing their own state-run workers’ compensation system.

In 1978, the state’s workmens’ compensation provided workers with a schedule of benefits based on the type of injury. Workers received a lump sum payment to cover medical bills. Soon the “wage loss concept” took root and system were renamed workers’ compensation (or workers’ comp).

Many still use the term workmans’ compensation (or workmans’ comp) because of the changes Florida made to its workers’ compensation laws. They all mean the same thing: monetary compensation for medical bills and wages lost during recovery.

Hurt at work? Don't know what to do? Contact Goldberg & Wolf

Need Help?

Here, at Goldberg & Wolf Law Firm our experienced attorneys can help you with your Workers’ Compensation claim and understand the complex workers’ compensation law. To speak to one of our highly qualified attorney’s contact us or call us at 856-651-1600.

Remember that workers’ compensation law differs from state to state, if you need help in Pennsylvania reach out to our good friends at Krasno Krasno & Onwudinjo.

Understanding the New Jersey Workers’ Compensation Process

The NJ Workers’ Compensation Process

It’s a well-known fact that laws differ from state to state, and workers’ compensation laws are no different. If you are residing in the state of New Jersey and get injured at work, then here is what you need to be aware of when you are filing for a workers’ compensation.

 

Benefits under workers’ compensation

If your claim is accepted, then you are eligible for workers’ compensation benefits. You may be eligible for medical, disability, partial and/or permanent benefits when you are injured at work or have contracted a condition that is work-related.

 

Medical benefits: Treatment for your work-related injury or disease is covered under medical benefits. Medical benefits include physiotherapy, hospital visits and other procedures that could be required in your case.

Under New Jersey law if you have a work-related injury then your employer or the insurance provider of your company may choose your doctor for treatment. Your medical bills may not be covered if you choose a doctor who isn’t authorized by the insurance provider for treatment.

 

Temporary disability: If you are out of work or are unable to recover from your work-related injury for seven or more days then you are eligible for temporary disability benefits. In New Jersey, you will receive 70% of your wages, subject to the maximum limit set by the state. The temporary disability benefits end when your doctor certifies you are fit enough to start work again.

 

Permanent Partial Disability: If you have sustained a permanent injury, like a disabled finger, but are still capable of doing some work then you may be eligible for permanent partial disability. These benefits start once you have reached a point where no further medical treatment can improve your condition.

The amount of benefits depends on the disability rating assigned by your doctor and also on the part of the body part you have injured. The NJ workers’ compensation rulebook consists of a list which contains the injury and the number of benefits for each that you would be eligible for.

 

Permanent Total Disability: If your work injury makes you permanently disabled then you may be eligible for permanent total disability. You will receive a weekly payment which is similar to a pension. The ceiling of the benefit amount is 70% of your average weekly pay.

You can refer to the State of New Jersey Department of Labor and Workforce Development website.

 

Filing a Claim

In New Jersey, you must file your workers’ compensation within 90 days of your injury. If you do not file within the stipulated time, then you may lose the right to claim your benefit. Once you notify your employer, he, in turn, will notify his insurance company. The insurance company files your claim, and you start receiving benefits once your claim has been approved. If you claim is denied then you can appeal against it.

 

Appealing for a Denied Claim

You can file a claim if your benefits were denied or there was a dispute between your employer and you. You can file a Formal Claim Petition or Application for Informal Hearing. After filing, your case will be assigned to a court and judge depending on your county of residence. A formal hearing takes longer to resolve than an informal one.

Whatever your case may be, there are certain things you must remember when you file a claim.

  • Do not agree to give any recorded or sworn statements. It may work against you.
  • Talk to a work injury lawyer before filing your claim.
  • If your employer lures you for a settlement, then do not agree to it. Your benefits will most likely be lower than what you will get with workers’ compensation.

 

If you have been injured at work, you are not alone. An experienced workers’ compensation attorney at Goldberg & Wolf can help you navigate through the complex process of filing a claim and make sure that you get the compensation you are entitled. Contact the Law Offices of Goldberg & Wolf today at (856)-651-1600 for a free consultation.

Governor Christie’s Impacts on Workers’ Compensation in NJ

These are the new laws that have been put in place by Governor Christie which has had impacts on workers’ compensation in New Jersey.


Opioid Law

Governor Chris Christie on February 15, 2017, signed a new law that is meant to regulate opioid prescription. Also, by signing the new law, he has mandated insurance coverage for substance abuse treatment. This is not a fault of his, as New Jersey ranks third in the US for overdoses related to opioid, and is probably signed into effect keeping this fact in mind. Most commonly asked questions by practitioners licensed by the Board of Medical Examiners are outlined by NJ Consumer Affairs.


So, it’s still a great move even despite some of its shortcomings. According to this law, someone suffering from acute pain will be given a prescription for five days. But it does let the doctor renew the prescription for twenty-five days in case the pain doesn’t subside. This stands
in contrast with the seven-day prescription plan used by other states.

 

Workers’ compensation insurers are one of the beneficiaries of the new law. They will benefit from the reduction of the useless and unnecessary medication prescribed to some acute pain patients.

 

However, the insurers are expected to pay for any unnecessary follow-up visit by any patient, even when it is obvious that the person in question will need more than five days of prescription.

 

Loss of funds is one of the factors; add to it the loss of time for repeated doctor visits. And
that is one of the reasons why the Medical Society of New Jersey opposed it.



The law is meant to prevent addiction. Though, it might adversely affect patients suffering from acute pain. Patients with other types of pain might need opioids in stronger doses.

 

Veto of the bill for Correctional Officers:

Governor Christie’s has also vetoed a bill that paid correctional officers injured on duty. He has cited fiscal issues for this measure.

 

Previously officers, who were hurt on the job by inmates or due to other injuries, were paid full salaries on their time off recovering. After the veto came into effect they will be only eligible for workers’ compensation which is significantly lower than their salaries. It will also limit sick leave and injury benefits under state laws. Anything categorized by “serious injury” will
have a cap of six months of benefits pay.

 

In spite of this, the corrections officer union and some of the bill’s sponsors are optimistic about working through the kinks and having a bill that will be favorable for everyone.

 

Restoration of Pay for Workers Furloughed During State Government Shutdown:

Though Gov. Christie wasn’t keen on paying for more than 30,000 employees who were off the job for 3 days, he has promised to sign a bill for reinstating pay if the legislature would send him one. He denies the fact that he has any executive powers to reinstate retroactive pay.

 

 

Compensation of Workers’ Compensation Attorneys:

On January 12, 2016, the New Jersey Governor (Christie) turned down a proposed statute which would have increased fees for work injury lawyers. The bill would have allowed workers’ compensation attorneys to collect fees on any payment made by employers to
injured workers before any compensation judgment will be issued.


His rejection of the statute was because of his belief that the law would have a negative impact on immediate relief for injured employees. Although, under New Jersey laws, employers could voluntarily offer payments within the 26 weeks that the employee has either returned to work or has medically healed from the injury.


This law has been in place for a while, and unlike it, the new law would create effects not seen before. The proposed law, if it came through, would have hurt employers and employees alike, to the benefits of workers’ compensation lawyers.

 

If you have been injured at work, you are not alone. An experienced workers’ compensation attorney at Goldberg & Wolf can help you navigate through the complex process of filing a claim and make sure that you get the compensation you are entitled. Contact the Law Offices of Goldberg & Wolf today at (856)-651-1600 for a free consultation.

The Most Important Facts About Workers’ Compensation in New Jersey

The History of Workers’ Compensation in New Jersey

The State of New Jersey leads all other states in the United States for encouraging and advocating the law and legislation related to safeguarding workers rights. The workers’ compensation law came into effect in this state in the year 1911, primarily for safeguarding injured workers. Prior to Workers’ Compensation law, employees who got injured during employment were forced to file a suit against their employers for negligence and carelessness under the common law.

 

It used to be a long process and would create various troubles for the injured worker. It would leave them without medical benefits or any source of income till the time the case was pending at the court. Apart from that, many who alleged would be proved futile due to the multiple shields available to the employer under common law, such as the assumption of risk and contributory negligence.

 

In 1979, the Workers’ Compensation Act was reformed. A selective blue ribbon panel including representatives from the government, labor and different industries conducted a thorough study contributing to such reform. The primary objective of this modification was to increase benefits to the critically disabled workers. Considerations were also given to cost-of-living for permanently or totally disabled employees, Second Injury Fund beneficiaries, and dependents of deceased workers.

 

Functions of the New Jersey Division of Workers’ Compensation

The New Jersey Workers’ Compensation Act aims to set up a fair balance between the requirements of the employers and the injured workers of the state. The Act is established to protect both, the employees and the employer. Injured workers receive temporary disability benefits, practical and essential medical care and a reasonable award for permanent disability. Employers get workers’ compensation employer defense in the form of protection from costlier litigation and proceedings.

 

The NJ Workers’ Compensation Act is administered by the Division of Workers’ Compensation (DWC). The department also disposes of any dispute raised under Workers’ Compensation Act. The Division ensures that the injured workers receive reasonable and timely compensation benefits from their company and the insurance carriers of their employers through two specific programs:

 

Workers’ Compensation

When the employer and the injured employee are unable to resolve their arguments over workers’ compensation benefits cordially, the Division offers an impartial and fair forum to mediate and arbitrate disputes, if required. Such functions are carried out by the administrative and judicial personnel of the Division.

 

Administrative Staff

The administrative staff of the Division manages the general functions of the Workers’ Compensation (WC) Act. They are responsible for the reviewing, recording, processing and entering the data of the case. The staff collects the statistics and maintains the records of reported injury as well as assigns and schedules informal hearings and claim petitions. The administrative division also processes the requests for copies of case files required by the workers’ compensation attorney.

 

Judicial Staff

Judicial staff are the Supervising Judges, Administrative Supervising Judges, and Judges of Compensation. Their responsibilities include intervening and adjudicating the workers’ compensation disputes as well as evaluating the proposed claims’ settlements.

The ruling of the judicial staff is binding, and they have the authority to make all critical decisions related to workers’ compensation claim and settlement.

 

Office of Special Compensation Funds

The office includes Uninsured Employer’s Fund, Compliance Enforcement, and Second Injury Fund. They are responsible for enforcing the regulation that needs employers to lock the necessary insurance coverage through self-insurance schemes or secure them from insurance carriers. The Office of Special Compensation Funds also provides medical expenses and provisional disability benefits to injured workers. It provides benefits to all those employees who are already partially disabled and experience a work-related injury resulting in a complete disability.

 

Contact a Workers’ Compensation Attorney

If you have been injured at work, understandably you are going through a lot. An experienced workers’ compensation attorney at Goldberg & Wolf can help you navigate through the complex process of filing a claim and make sure that you get the compensation you rightly deserve. Contact the Law Offices of Goldberg & Wolf today at (856)-651-1600 for a free consultation.

What is Workers’ Compensation and How Does it Help Your Claim

What is Workers’ Compensation?

You might have heard about several incidents about employees getting injured at work. Work-related injuries are inescapable despite several precautionary measures adopted by the employer. Ryan, an employee at a private manufacturing unit, injured himself while trying to operate an ‘out of order’ machine. He was not aware that the machine was not to be touched as the machine wasn’t labeled ‘out of order.’

Ryan, in this case, is eligible to receive workers’ compensation because the incident occurred due to employer’s negligence. Under workers’ compensation laws, an employee who gets injured during work is entitled to insurance coverage including cash benefits or medical care provided by the employer.

Workers’ compensation requires the employer to pay the medical expenses and lost wages of the injured employee. And no employee is asked to contribute to such compensation as instructed by the Workers’ Compensation Board, which is a state agency. The Board processes the claims and determines the settlement amount. It also decides whether the injured employee should get medical care, cash benefit or both if a dispute arises.

Though the workers’ compensation policy may vary from state to state; the New Jersey State Department of Law and Public Safety, provides legal advice and litigation support in such cases. The workers’ compensation cases are primarily handled by the DRM (Division of Risk Management). They are responsible for deciding the budget, approving and processing the claims including cash benefits, expenses for medical treatment, permanent or temporary disability and any other related claim.

Workers’ compensation facts are treated as ‘no-fault’ cases, and thus, the amount that the claimant receives doesn’t decrease due to his/her negligence nor does it increase due to the employer’s fault. But if you are an employee and addicted to drugs or alcohol; you would certainly lose your right to workers’ compensation. You might also lose your claim if you are injured or if you had the intent to injure someone else while you were under the influence of alcohol or drugs.

When the insurance carrier and/or employer believe that the injury is work-related, the claim is paid off. If the employer refuses the claim, the worker may contact workers’ compensation attorney, and the judge has to intervene and award the final decision. The claimant is entitled to disability benefits until the final decision comes.

A workers’ compensation attorney may also be contacted if the worker is dissatisfied with the settlement amount. Hearings related to workers’ compensation are administrative proceedings which take place in a separate court.

Since every state may have its own workers’ compensation policy, some states allow employees to sue the third party if the injury occurred due to defective machinery or materials provided by the third party vendor.

Workers’ compensation coverage is made mandatory for every employee by the state. However, the state law allows certain exemptions for small companies with five or lesser employees, independent contractors, farm hands and domestic workers.

While processing the workers’ compensation, it is important to determine whether the injury is work-related or not; any injury that occurs during the course of employment is a work-related injury. This does not imply that the worker has to be physically present at the office premises at the time of the accident. If he/she was traveling as was required by the employer, it also constitutes the work-related injury.

Most importantly, no employer shall be held liable for any compensation until the notice of work-related injury has been given to the employer. Workers’ Compensation Statute requires the employee or someone on his/her behalf to report any work-related injury to the employer within fourteen days from the time of occurrence of such incident.

If you or your loved ones have been in an accident at work, understandably you’re going through a lot. An experienced workers’ compensation attorney at Goldberg & Wolf can help you navigate through the complex process of filing a claim and make sure that you get the benefits that are rightly deserved. Contact our legal team at (856)-651-1600 regarding your case.

Everything You Need to Know About Workers’ Compensation in NJ

Workers’ Compensation in New Jersey

Residing and working in New Jersey can be a pleasure, especially in the summer. Unfortunately, the experience can be suddenly reversed when you find yourself stuck in the middle of a workplace accident.

 

This accident might result in an injury, or worse, a disability. Well, you do not have to spend anxious moments worrying about the medical expenses that will follow. Your employer is supposed to take care of that via the New Jersey workers’ compensation legal stipulations.

 

The long process of filing for workers’ compensation can appear to be intimidating, but do not let this deter you. This is because your claim for reimbursement for being injured on the job is going to be met. Your employer is required to carry insurance that covers work-related injury expenses. So do not worry, you are sure to get justice once you confront your employer by getting in touch with a workers’ compensation lawyer.

 

However, before getting started, it helps to become aware of workers’ compensation in New Jersey. Be sure not to make a claim without knowing the facts first. Here is a checklist to follow closely:

 

  1. Prepare a report, preferably in some form of writing, carefully stating the reason and location of the accident that resulted in your injury. It is advised to follow the set procedure for reporting the incident to your employer.

 

  1. If you find out the carrier of the workers’ comp is required to compensate your medical bills, be prepared to visit an authorized medical professional for treatment. You are likely to lose your claim otherwise.

 

  1. Do not be worried if the carrier decides that you do not need further treatment, especially when your doctor is recommending you to continue with treatment. A workers’ compensation attorney can help you fight this bluff and get you the help you need.

 

  1. Being hurt on the job in New Jersey entitles you to claim benefits for temporary disability especially when you have been confined to a hospital bed for seven days or more. You are likely to be awarded 70% of your wages subject to the minimum/maximum limits. However, returning to your job may not be possible after just a week, so do not forget to have this advice authorized by your doctor.

 

  1. If your employer or the carrier refuses to compensate you adequately for temporary disability, but your doctor’s advisory says otherwise, you are still well within your rights. Be sure to contact an attorney for further information on how to dispute this.  

 

  1. You are entitled to certain workman’s compensation in New Jersey regardless of the limitations. Do not hesitate to consult an experienced lawyer specializing in workers’ compensation when your employer declines to pay for partial disability that is permanent in nature. However, there are a number of regulations to adhere to, so it is best to request a lawyer to assist you in making the claim.

 

  1. Being involved in a crash or sustaining injuries by falling from a height is not the only reason to claim workers’ comp. You are entitled to compensation even when you suffer from discomfort due to specific ‘occupational exposures.’ However, you cannot just make a simple claim. You need to have your claim substantiated by a medical professional. It would be wise to endorse the fact by taking the assistance of an attorney as well.

 

Do not wait to file your workers’ compensation claim, and contact a workers’ comp lawyer as soon as possible to avoid any complications down the line. Using the services of a qualified and experienced workers’ comp lawyer in New Jersey can help assert your rights and get what you deserve.

 

If you have been injured at work, understandably you are going through a lot. An experienced workers’ compensation attorney at Goldberg & Wolf can help you navigate through the complex process of filing a claim and make sure that you get what you rightly deserve. Contact The Law Offices of Goldberg & Wolf today at (856)-651-1600 for a free consultation.

Workers’ Compensation: Hurt on the Job and Common Work Injuries

Providing a safe work environment is the goal of every employer. Sometimes this is achieved by protection in the form of supervision, protective gear, and training. However, we live in an unpredictable world. A work injury can happen at any time and anywhere.

Workers need additional protection, and this comes in the form of workers’ compensation. Workers’ compensation provides the injured with peace of mind. Knowing that if there is a work injury, the employee will have his or her medical expenses paid and receive lost wages really eases stress.

It’s interesting to note that there are common workplace injuries that occur in a number of industries, for example:

  • Healthcare
  • Construction/Industrial
  • Farming
  • Fracking/Marcellus Shale
  • Manufacturing
  • Shipping/Logistics Management
  • Utility Companies
  • Transportation (Buses, Railroad, Trucking)

Some of these injuries seem easy to prevent by wearing protective gear, watching where you’re going or inspecting equipment before use, but there are employers and employees that take shortcuts to save time and/or money. The most common work injuries are:

  • Repetitive Motion Injuries: These are injuries that affect the back, wrists, knees, and shoulders. When a worker constantly bends down, lifts something or moves an object, wear and tear can damage muscles, tendons, and ligaments. They can also cause a sudden injury as well.
  • Machine Entanglement/Crushing: Heavy machinery and equipment can cause a worker to get caught in a machine by clothing or hair. Someone who works with heavy products, such as drywall can be crushed if the stack of drywall sheets falls onto him or her.
  • Vehicle/Trucking Accidents: These accidents can be caused by a driver who is careless, under the influence, sleep deprived, a mechanical issue, or just human error.
  • Workplace Violence: Over the years, there have been increasing reports of violence at work from a disgruntled employee or patient. Most all of these incidences involve a gun and fatalities.
  • Walking Into Injuries: This is when a worker walks or runs into something, such as a wall, window, glass, hole …etc. There are injuries to the head, arms, and legs.
  • Falling Objects: When an object falls from shelves, at a high height or dropped by another worker causing a head and/or back injury. For example, in a warehouse, one worker is stocking items on a high shelf and accidentally pushes a box causing to fall off and hit another worker in the aisle on the other side.
  • Bodily Reaction Injuries: When a worker reacts to a slip or fall and injures him or herself. The worker does not fall, but the jerking motion can cause muscle injuries, such as a strain or tear.
  • Falling: When a worker falls from a certain height or on the same level. This type of injury is most common with construction workers. Workers fall from roofs, ladders, scaffoldings, and stairways. A worker can also fall from faulty equipment. For example, a worker can fall out of the basket of a boom or scissor lift because the latch on the gate was broken.
  • Slipping & Tripping Injuries: These accidents can happen on wet floors or by tripping over an object. An auto mechanic can slip on grease that was left on the drive or in a bay. A worker can trip on a cable, tool or piece of material that was left out. They can mainly cause back and head injuries.
  • Overexertion Injuries: The name of category can be misleading. Overexertion means pulling, pushing, lifting, holding, carrying, driving and throwing. They produce musculoskeletal issues, such as torn ligaments and muscle spasms.

The People Most Affected by Work Injuries

Aside from the injured worker, the family of the worker is the most affected because the loved one has been hurt (or even killed) and they must deal with the medical bills, scheduling of treatments, other costs, and wage losses.

This is a traumatic experience for both the injured worker and family; the family must put their lives on hold until their loved one has recovered. If their loved one has been permanently disabled, the family must adapt to a new lifestyle and become caregivers.

This causes a domino effect because the second group that is affected are the other employees. They could have their hours cut or wages lowered due to the higher insurance premium.

Companies that receive the services from the injured worker’s company may experience less service or products. This, in turn, may cause extra procedures to be implemented by employer potentially causing shortages and leading to increased prices for consumers, who may then choose to use another service or product.

Hurt at work? Don't know what to do? Contact Goldberg & Wolf

Need Help?

If you have a question, need some more information or just have questions, our attorneys at Goldberg & Wolf are more than happy to help. Do not think twice about contacting us or calling today at (856) 651-1600 and we’ll be in touch with you very soon.