Helpful Legal Articles

If you have read the information in this website, it should be abundantly clear that there will be legal ramifications to decisions made in the aftermath of a work injury, which will impact your medical and financial well-being in the future. The insurance carriers have an army of lawyers, doctors, and nurses at their disposal, whose goal is to minimize…Read More

There are several areas of the law which may touch the lives of injured workers but are not covered by the New Jersey Workers’ Compensation Act. The Division of Workers’ Compensation does not have any jurisdiction to decide issues which arise under these areas of the law, although decisions you make surrounding these issues may affect your workers’ compensation benefits.…Read More

What is the Deadline for Filing a Workers’ Compensation Claim? A formal Claim Petition must be filed within two years of the date you last received medical treatment authorized by the workers’ compensation carrier. If no benefits were provided through workers’ compensation, the two-year deadline starts from the date of the accident. Am I Required To Use All My Sick…Read More

Injured workers who are totally disabled as a result of a work injury in New Jersey certainly do not live out the remainder of their lives in the lap of luxury. Their weekly benefits are capped at 70% of the average wages they were being paid at the time of the accident, with no cost of living increases. Unfortunately, many…Read More

Settlements or judgments entered in the Division of Workers’ Compensation may include the right to “reopen” the claim, depending upon the type of award. Only a lump sum settlement under “section 20” of the Workers’ Compensation Act is final and cannot be revived to obtain additional benefits. If you received a workers’ compensation award in the past and cannot recall…Read More

You will be disappointed if you expect to see the level of courtroom drama depicted on the big screen in the Division of Workers’ Compensation. While there are always a few moments during any trial which include a surprise question or unanticipated answer, explosive testimony is rare in the Division. How Is The Value Of My Claim Effected By The…Read More

Your attorney cannot begin the process of negotiating a settlement of your claim until the reports of all of the medical experts who performed permanency evaluations have been received. Thereafter, your attorney and the attorney for the insurance carrier will begin to discuss the nature and extent of your injuries. What Occurs During a “Pre-Trial Conference,” And Do I Need…Read More

Your attorney cannot move forward with a settlement of your claim until you have completed curative medical treatment (in other words – additional care is not going to make you better). Once a physician determines that you have reached maximum medical improvement (“MMI”) from treatment, the next phase of your workers’ compensation claim then begins the process of establishing your…Read More

Both the temporary disability and unemployment programs provide “lost wage” benefits, but for very different reasons. You are generally qualified to receive temporary disability benefits if the authorized physician indicates that you are medically unable to return to work and are receiving active medical treatment. By contrast, you are only eligible for unemployment benefits if you were terminated from your…Read More

The New Jersey Workers’ Compensation Act provides that an employer must provide all medical treatment necessary to “cure and relieve” the effects of a work injury. The employer or its insurance carrier must pay 100% of the medical bills, with no co-payment or deductible owed by the injured worker. Can You Be Treated by Your Own Doctor? The insurance carrier…Read More