Helpful Legal Articles

The claims process should start immediately after an accident occurs at work. The following is a rudimentary roadmap of a claimant’s usual journey through the workers’ compensation system: Report The Accident/Injury It is sometimes uncomfortable for employees to report a work accident. They may be fearful of being reprimanded for failing to follow safety protocol, or they may not want…Read More

An employer must post the name of its workers’ compensation insurance carrier in a conspicuous place at the workplace. In order to avoid denial of insurance coverage, the employer must also place the workers’ compensation carrier on notice of any work accidents or claims of injury. After notifying the insurance carrier of the accident, the employee should receive a claim…Read More

The location of the injury is not as important as the question of whether an injury occurred during the “course of employment.” Many jobs are performed at varying locations, such as a sales position which entails traveling on a regular basis. The location of where the injury occurs will not alone determine whether the salesperson is qualified to receive workers’…Read More

What If I Did Not Have a Traditional 9 – 5 Job When I Was Injured? If you were not employed at the time of the accident then the injuries will not be covered through workers’ compensation. For instance, if you were injured while assisting a friend with a project, even if you received some sort of payment for your…Read More

The simple answer is that if you were hurt during the course of your employment, you most likely have a valid workers’ compensation claim. Do I Still Have A Claim If My Employer Did Not Cause The Accident? In New Jersey, workers’ compensation is basically a no-fault system. In other words, an employee does not need to prove that an…Read More

The N.J. Workers’ Compensation Act provides injured employees with three types of benefits: (1) medical treatment related to the work injury; (2) temporary disability benefits of up to 70% of wages while out of work under the care of a doctor; and (3) an award of permanent partial or total disability benefits if there is objective evidence of a permanent…Read More

Can You Walk Me Through The Process Of Filing A Workers Compensation Claim? 1) NOTIFY YOUR EMPLOYER OF THE INJURY If you are injured at work, you should bring the injury to the attention of a supervisor, to document the incident. The Workers’ Compensation Act provides that unless the employer has “actual knowledge” (such as in witnessing the accident), the employee…Read More

The New Jersey Workers’ Compensation Act provides that temporary disability benefits equaling 70% of the employee’s gross average weekly wages (up to the state maximum rate) shall be paid if the employee is unable to work as a result of a work accident, until he has reached maximum medical improvement from treatment. How Long After a Workers’ Compensation Claim Is…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

What is a Fair Settlement Value for My Permanent Partial Disability Claim? Most claims for partial permanent disability benefits settle somewhere between the estimates provided by the competing medical experts. The dollar value of the claim will depend on several factors, including: Your average weekly wage at the time of the accident. The amount of lost time from work. The…Read More