Practice Areas > Personal Injury > Workers' Compensation
If you have been injured while working in New Jersey, you may be entitled to file
a workers' compensation claim. You should consider hiring the New
Jersey Workers' Compensation Attorney Lloyd Bennett, Esq.,
P.C. The Law firm of Lloyd Bennett, Esq., P.C. has been concentrating
on New Jersey workers' compensation claims since 1987 and has helped
thousands of injured workers receive the compensation they deserve.
An employee or their dependents can receive workers' compensation benefits for
an injury or death arising out of and in the course of employment. The employer
or their insurance carrier is required to pay for necessary and reasonable medical
treatment, as well as loss of wages during the period of rehabilitation. After a formal
claim is filed by the NJ Work Injury Lawyer, Lloyd Bennett,
Esq., P.C., benefits will be paid for permanent disability.
Frequently asked Workers’ Compensation Questions
Can I file a claim even if I caused my own injury?
Yes, under
the Workers’ Compensation Statute, it doesn’t matter
who caused the accident. You are covered even if you caused the accident in which you were
injured, as long as the accident occurred during to course of employment.
What must I do if I was injured on the job?
You must
notify your
employer
as soon as
possible.
The notice
may be given
to the foreman,
supervisor,
personnel
office, or
anyone in
authority
at the employer's
place of business. Notice should be, but does not have to be, in writing. Thereafter,
contact the Workers' Compensation Attorney, Lloyd Bennett,
Esq., P.C.
How do I get medical treatment for my injuries?
If you need
medical treatment,
a request
should be
made to your
employer
as soon as
possible.
Under New
Jersey workers'
compensation
law, the
employer
and/or their
insurance
carrier can
select the
physician(s)
to treat
you for work-related injuries.
If you are
not treated
at the authorized
treatment
center, you
may have
to pay the
bill.
I do not like the doctor to whom I was referred by my employer’s
insurance company. What recourse is available to me?
The workers' compensation law in New Jersey gives the employer the authority to
select the medical professionals to provide care to an injured worker. However,
if the employer refuses or neglects to provide services reasonable and necessary
to cure and relieve you of the effect of the injury or restore function where
possible, you may take action by filing a Motion for Medical and/or Temporary
Disability Benefits and a Workers' Compensation judge will decide whether
you need additional treatment.
What if the Employer refuses to cooperate?
You should
contact the New Jersey Workers' Compensation Lawyer,
Lloyd Bennett, Esq .
Do I really need an Attorney to represent me, and what is it going
to cost me?
Having an attorney represent your interests will insure you receive all that
you are entitled to receive from the Insurance Carrier. We will file a
formal claim petition with the New Jersey Division of Workers’ Compensation after
you have concluded medical treatment. Thereafter, you may be entitled
to an award that will be granted by a Workers’ Compensation judge. The
legal fee is contingent upon recovery, which means that if there is no recovery
there is no legal fee owed. The total fee is 20% of any money awarded to
you. You will pay approximately 40% of the fee. The Insurance Company pays
us 60% ; this does not affect your money.
Who decides whether I will to receive
workers’ compensation benefits?
Your employer’s workers’ compensation insurance carrier or your employer,
if they are self-insured, will investigate your claim and make a determination
as to your eligibility to receive temporary workers’ compensation benefits. Our
firm will
also review
the case and make a determination as to whether you are entitled
to benefits and a Workers' Compensation judge will also make a decision
in certain cases.
While I was out of work as a result of a work-related injury, my employer
terminated me. Is such termination permissible?
The Workers’ Compensation statute prohibits the termination of an employee
in retaliation for filing a workers’ compensation claim or for testifying
at a workers’ compensation hearing. If you feel you
were terminated for these reasons contact the NJ Workers’ Compensation Lawyer,
Lloyd Bennett,
Esq., P.C.
The workers’ compensation doctor has released
me for light duty work, but my employer advises that there is no such work available.
What can I do?
If light
duty work
is not available, you should continue to receive temporary disability benefits
until you reach maximum medical improvement. If
you have
any questions, you should contact the NJ Workers’ Compensation
Attorney Lloyd Bennett, Esq., P.C.
I have two jobs, one full time and the other part
time. I was injured on the part-time job, and because
of the injury I am also unable to work at the full-time
job. Can I collect workers’ compensation benefits
from my full-time job?
No. Since
you were
injured on your part-time job, any workers’ compensation
benefits
will be based on that employment alone.
Are workers’ compensation benefits taxable?
Workers'
compensation benefits are not taxable
What if I recover money from a third party as a result of my injury?
The New Jersey
Workers’ Compensation Law entitles the employer and/or
their insurance
carrier to receive a credit for amounts recovered from a
third party causing a compensable work related injury. This
provision is intended to prevent the recovery of duplicate
benefits
for the same injury and disability.
I have a serious job injury that will prevent me from
returning to my job forever. Are there any retraining services offered
that can help me in this situation?
The State
of New Jersey has
a Division of Vocational Rehabilitation that will
help individuals
with disabilities
who are having trouble finding or holding a job because of their disability.
They will provide retraining. If you have a disability
that is preventing you from working, you may wish to submit
a referral for services. For more information,
contact the New Jersey Job Injury Attorney,
Lloyd Bennett,
Esq., P.C.
BENEFITS
What
kind of
benefits
am I entitled
to receive?
An employee
or his/her
dependents
can receive
workers’ compensation
benefits
for an injury or death arising out of and in the course of
employment. The employer or its insurance carrier pays for
the necessary and reasonable medical treatment, temporary
disability benefits in place of wages lost
during the
period of disability, and when documented, benefits for permanent
disability. For questions,
contact the New Jersey Job Injury Lawyer,
Lloyd Bennett,
Esq., P.C.
How much are the benefits for loss of wages?
If you are
disabled
for a period of more than seven days, you will be eligible
to receive temporary disability benefits a rate of 70%
of your average weekly wage, not to exceed the maximum
rate or fall below the minimum rate set by statute in effect
during the
year of accident. These benefits are provided during the
period when you are unable to work and under active medical
care. Benefits are usually terminated when you are released
to return to work in some capacity and/or if you reach
maximum medical improvement (MMI). MMI is a term that is
used when additional treatment will no longer improve the
medical condition of the injured worker. If
you have questions about your benefits or rate, contact the NJ
Workers’ Compensation Attorney, Lloyd Bennett,
Esq., P.C.
Can I also collect NJ State Temporary
Disability Benefits (TDB) due to a job-related
injury?
Work-related
injuries or illnesses are not compensable under the NJ Temporary
Disability Benefits Law. However, if you are claiming workers'
compensation benefits and the claim is contested by the Workers'
Compensation insurance carrier, temporary disability benefits
may be paid pending resolution of a formal WC claim petition.
A lien is filed by the Disability Insurance Service to protect
its subrogation rights against any subsequent Workers’ Compensation
award.
TIMELINES
How
long must
I be out
of work
before
I am eligible
to receive
workers’ compensation
benefits?
By law, you
must be unable to work for seven days (including weekends
and holidays) before you are eligible for temporary disability
benefits. Benefits are retroactive to the first day. The
seven days need not be consecutive.
Please note
that there
is no similar
waiting period to receive medical benefits or permanent disability
benefits. Those benefits are due, if warranted, regardless
of the number of lost work days.
If you are
not receiving
the benefits
you deserve, contact the NJ
Job Injury
Lawyer, Lloyd Bennett, Esq., P.C.
What are the time limits for filing a claim with the
Division?
There is
two-year
statute of limitations that applies to workers' compensation cases. A formal claim petition must be
filed within two years of the date of injury or the date
of last payment of compensation, whichever is later. Medical
treatment authorized by the employer is considered a payment
of compensation. In cases of occupational illness,
for example, asbestosis, lead poisoning or hearing loss,
the claim petition must be filed within two years from the
date you first became aware of the condition and its relationship
to employment. Please note that the filing of an application
for an informal hearing without a lawyer does not stop the
two-year statute of limitations from running.
How long do I have to wait before I receive benefits
from my employer or their insurance carrier?
Generally,
you can expect
to wait two weeks before receiving temporary disability benefits. If your employer or their insurance
carrier unreasonably and negligently delays denial of a claim,
they may be liable to you for an additional 25%
of the amounts due, plus any reasonable legal fees incurred
in relation to the delay. A delay of 30 days or more
is presumed to be unreasonable. If
you have
not received your benefits, you should contact the NJ Job Injury Attorney, Lloyd Bennett,
Esq., P.C.
LITIGATION PROCESS
I
was awarded
Disability
Benefits
by a Workers’ Compensation
judge.
When will
I receive
my benefits?
The Workers’ Compensation Insurance carrier has 60 days in which to process the payment, after which
time you may be entitled to receive simple interest on the
delayed payments. However, it is more realistic to expect
receipt of your initial payment within 6 to 8 weeks from
the date of the execution of the judge’s order.
I was awarded Disability Benefits by a Workers’ Compensation
judge, and my condition is getting worse. What can I do?
You have
two years
from the date of last payment of your award or last payment of a medical bill
to reopen your case, unless it was settled pursuant to §20, which is a final dismissal. To
reopen your case, you must contact the Insurance Carrier or the NJ
Work Injury Attorney, Lloyd Bennett, Esq., P.C.
TOTAL DISABILITY AND SECOND INJURY FUND
What is the Second Injury Fund? Who is eligible?
First established
in the 1920s,
the Second
Injury Fund
is intended
to promote
the hiring
of disabled
individuals
and to reduce
the potential
costs of
Workers’ Compensation
awards for
employers
for injuries
or conditions
pre-existing
the last
compensable
work-related
accident.
This is done
by the Fund
assuming
payment of
permanent
disability
benefits
after an
initial period
during which
the employer
or his insurance
carrier makes
these payments.
To be eligible
for Fund
benefits,
an individual
must be totally and permanently disabled as the direct result
of a work-related injury in combination with a pre-existing
permanent
partial disability. It is not necessary that the pre-existing
permanent partial disability be work related. The New
Jersey Work Injury Lawyer Lloyd Bennett, Esq., P.C.
can help.
Are Second Injury Fund benefits paid in addition to
regular compensation benefits?
No. Fund
benefits
are in the same amount as those received from the employer or the employer’s insurance carrier and begin
when the employer’s obligation to make benefit payments
cease.
How long are Second Injury Fund benefits payable?
Fund benefits
are potentially
paid during
the lifetime
of the injured
worker so
long as the
injured worker
remains totally
and permanently
disabled
and unemployed.
Benefits
cease upon
the death
of the worker. Death,
funeral and
dependents’ benefits
are not payable
from the
Fund.
Can I work and collect Second Injury Fund benefits?
Yes. However,
after the
first 450
weeks of
benefits
for total
and permanent
disability,
wages from
employment
will be used
to reduce
your benefit
amount. The
reduction
is based
upon the
percentage
that your
current earnings
bear to those
at the time
of your being
declared
totally and
permanently
disabled. The New
Jersey Work Injury Attorney Lloyd Bennett, Esq.,
P.C. can
help.
Please note that employment which calls into question your continuing disability may give rise to a reevaluation of your medical condition and possible removal of benefits.