Frequently Asked Questions (FAQs) about Workers’ Compensation in New Jersey

 

I got hurt on the job. Do I need a Workers’ Compensation attorney?

No. Like any court of law, you are permitted to represent yourself. However, Workers’ Compensation laws are very complex and Team Law believes it is advisable for you to hire an experienced Workers’ Comp lawyer to represent you and protect your rights and interests. At Team Law, we have helped thousands of workers in New Jersey claim the benefits they are entitled to receive after being hurt on the job. Contact us today for a consultation.

What is the fee for my workers’ compensation case?

If I file for Workers’ Compensation in NJ, will I have to go to court?

Yes. Under the New Jersey Workers’ Compensation law, all cases must be approved by a New Jersey Workmans Comp judge. In almost all cases, however, you will not have to appear in court more than one time. Team Law will be by your side throughout the entire in-court hearing process.

Can my boss fire me for filing a Workers’ Comp Claim?

It is against the law in NJ for an employer to punish or discriminate against you in any way for pursuing your rights under Workers’ Compensation law. If you were hurt at work and fired after filing a claim, or otherwise feel you are being punished for filing a claim, contact Team Law immediately to discuss the specifics of your situation.

What if someone other than my employer or co-employee caused my injury at work?

You will still be able to collect NJ Workers’ Comp benefits. You may also be able to bring a second case against the person or company that caused the injury. Talk to a Team Law attorney about your potential Third-Party Claim.

Can I sue my employer?

There are almost no circumstances under which you can sue your employer if you are hurt on the job in New Jersey. The NJ Workers’ Compensation system covers those injuries by providing medical treatment when appropriate, replacement pay and a cash award if you are left with a permanent injury after the treatment is complete and you have returned to work. There are some exceptions. Please contact Team Law to learn more about your rights.

Can I work at all while I’m collecting Workers’ Comp replacement pay benefits?

No. If you are collecting Workers’ Comp replacement pay, you cannot work at all, nor can you attend any educational programs. Failure to comply may be considered fraud. You can, however, switch jobs while you are under medical treatment by the authorized NJ Workers’ Compensation doctor.

What are the deadlines for filing for NJ Workers’ Compensation?

You must report a work-related injury to your employer within 90 days of the day the injury occurred, or from the day you knew or should have known that your injury was related to your employment. The sooner you report your injury to your employer, the faster your claim process will begin. Further, there is a two-year statute of limitations to file your Workers’ Compensation claim with the court. When it comes to getting the compensation you deserve, deadlines are important. Talk to an attorney at Team Law for details.

How much replacement pay can I get?

NJ law requires your employer to pay you 70 percent of your average weekly wages (up to a maximum amount determined by the State of NJ each year) for up to 400 weeks.

Does the Workers’ Compensation System allow me to choose my own doctor?

No. Under NJ Workers’ Comp law, your employer and its Workers’ Comp insurance carrier get to choose the doctor(s) who treat you. However, in some rare situations, this can be challenged. Talk to a Team Law lawyer to learn more about this.

Does my employer’s insurance carrier have to pay all my medical bills?

Yes. The law requires them to pay for all medical treatment necessary following a workplace injury. You are not required to make any copays or meet any deductibles. If you are being denied treatment you believe you are entitled to, contact Team Law.

What is the Second Injury Fund?

The Second Injury Fund is a state program that will contribute toward your total disability benefits if your prior injuries and disabilities, together with your current Workers’ Comp injury, leave you totally and permanently disabled. Learn more about the Second Injury Fund by contacting Team Law today.

Can they make me return to work before I’m ready?

Very often, the insurance company’s doctor will declare you ready to return to work before you feel you are ready. This is a highly debated and extremely complicated area of the Workers’ Comp law. You should consult a Team Law attorney to discuss the specifics of your case. We will deal with the insurance company on your behalf.

Can they send me back to work on light duty?

What do I do if my insurance denies my claim?

There are many reasons your employer or their insurance carrier may deny your claim. In almost every circumstance, that determination can be challenged in court. Contact Team Law. Let’s discuss your situation right away.

Yes. If your Workers’ Compensation doctor believes you can return to work with light-duty restrictions and your employer says they will accommodate those restrictions, you must return to work to perform light duty. However, this determination by the doctor can be challenged under certain circumstances. Talk to a Team Law attorney about your rights.

What death benefits am I entitled to if my spouse or parent dies as a result of a job-related injury or illness?

A spouse and/or dependent children are entitled to a maximum of 70 percent of the deceased person’s weekly pay until the surviving spouse dies or remarries, or the dependent child reaches the age of 18 (or 23 if they are a full-time student.) A disabled child may be eligible for death benefits beyond the age of 18 or 23. Talk to a Team Law attorney who can explain these complex Workers’ Comp death benefits.

My spouse died as a result of a workplace injury. Can I still collect their Workers’ Comp benefits?

Weekly replacement pay will stop when your spouse dies. However, if your late spouse was receiving a partial cash award paid out over time, you, as the surviving spouse, will receive the balance of the award. If your spouse was deemed totally disabled and was receiving ongoing permanent weekly payments, you will no longer receive those checks once your spouse dies. Learn more about death benefits under the NJ Workers’ Compensation system by calling Team Law today.

Are funeral expenses covered by the NJ Workers’ Compensation System?

Up to $3,500 will be paid to the person or estate that paid for the funeral of the deceased worker.

Team Law has many offices throughout NJ, including an Edison Location, Elizabeth Location, Jersey City Location, and New Brunswick Location – to name a few. Contact us today for a free consultation about your case.