Over 30 years of experience. Over $100 million recovered for clients.
New Jersey Workers' Compensation Attorney
NEW JERSEY WORKERS' COMPENSATION: TABLE OF CONTENTS
- New Jersey Workers' Compensation Benefits
- New Jersey Third Party Injury Claims
- Most Common Workplace Injuries in New Jersey
- Obtaining Benefits Following a New Jersey Workplace Injury
- The Process of Obtaining New Jersey Workers' Compensation Benefits
- New Jersey Workers' Compensation Process
- Fatal New Jersey Workplace Accidents
- Workers' Compensation Frequently Asked Questions
- Speak with a New Jersey Workers' Compensation and FELA Claims Lawyer
For most people, being left unable to do their job as the result of a work-related injury means a lot more than just losing a paycheck or two: in many cases, it can mean an uncertain and frightening future. It can be very difficult to receive authorization by your employer to see a doctor or to receive your wage loss benefits. Our lead attorney, Todd Leonard, fights to make sure you receive all of the benefits you are entitled to following a work-related injury, including medical treatment, lost wages, and just compensation for your injuries. Todd is Certified by The New Jersey Supreme Court as a Certified Civil Trial Attorney and is a member of the New Jersey Committee on Safety and Health (NJ COSH), an organization comprised of lawyers, doctors and unions, "working together to protect the rights of injured workers."
The New Jersey workers' compensation lawyers of Todd J. Leonard Law Firm have been fighting for more than 30 years to protect injured workers’ rights and we understand the difficulties and hardships our clients face following a workplace injury. We work hard to provide outstanding representation on our clients’ workers’ compensation cases.
New Jersey Workers' Compensation Benefits
As a resident of the state of New Jersey, you are entitled to receive benefits under the provisions of the Workers' Compensation Act. If you are eligible, you may receive benefits for:
- Medical – authorized medical expenses and health care costs are covered by your employer's workers' compensation insurance
- Temporary disability – typically you may receive 70 percent of the wages or salary you were earning before your injury, up to a limit set by New Jersey statute
- Permanent disability – benefits for permanent injuries are based on a formula for determining the percentage of your disabilities
There are many misconceptions about filing a workers’ compensation claim. Often, the injured employee is concerned that if they file a claim, the company will terminate their employment, or there will be some form of retaliation or retribution against them. However, the law clearly protects the injured employee from such actions.
For more answers to your questions about workers’ comp benefits and how to apply for them, contact our experienced New Jersey workers’ compensation benefits lawyers at the Todd J. Leonard Law Firm today. We will also evaluate the facts of your case to see if there is an outside company or individual who may also be responsible for your injuries.
If you were injured by an individual or entity other than your employer while performing the duties of your job, you may be able to obtain additional compensation through a third-party claim. Attorney Todd Leonard has been protecting the rights of clients throughout New Jersey for over 30 years. If you were injured on the job, you may also have a third-party claim, and should contact our Certified Civil Trial Lawyer who has extensive knowledge, legal skills, and experience.
It is not terribly uncommon for job-related injuries to have a third party that is also responsible for the injuries. In these circumstances, you can file an additional claim or lawsuit against the other party or company that caused your injuries and/or disabilities, as well as continue your claim against your employer. In these claims, you can also receive monies for pain and suffering and other losses sustained that are not recoverable under the Workers' Compensation Act.
What is a Third Party Claim?
Your first line of action in any workplace injury is to report it to your employer and initiate a workers’ compensation claim. That is your right under state law. Workers’ compensation benefits, however, don’t generate full compensation in regards to your lost wages or for such non-economic damages as pain and suffering. If you have a valid third party claim, you can obtain additional compensation.
At the Todd J. Leonard Law Firm, our New Jersey worker’s comp attorneys can review and evaluate your workplace accident or injury to determine all of the sources available to you for a claim. If the pursuit of a third party claim is a valid option, our firm will take the necessary legal steps to help you recover the maximum compensation you truly deserve in addition to filing a worker’s compensation claim.
Examples of Third Party Claims
Many types of workplace injuries could involve a third party claim, such as snow and ice accidents where a deliveryman slips on icy areas while working, or a sales representative is rear-ended due to icy streets while driving to a sales appointment. Other examples of third party claims include injuries caused by defective equipment such as tools, ladders, earth movers, or defective vehicles or vehicle parts—as in delivery trucks, dump trucks, garbage trucks, company cars, and more. These involve product liability claims. Also, some of our clients are exposed to dangerous or deadly fumes or vapors and asbestos and these all can potentially constitute a third-party claim as well.
Third party claims may also stem from premises liability, such as injuries sustained at construction or industrial sites due to negligence on the part of another contractor, a slip and fall while in the course of one’s employment due to a dangerous condition left unhandled by a property owner, or a dog bite suffered by a deliveryman due to a careless pet owner. For those workers who drive as part of their work duties, any type of traffic accident caused by the negligence of another may be grounds for an injury claim through auto insurance—either through one’s own insurance policy or the at-fault driver’s.
Most Common Workplace Injuries in New Jersey
According to the State of New Jersey Department of Health, in the past 20 years there has been over 1.5 million workplace injuries in New Jersey. There is also over 3,000 hospitalizations in New Jersey every year due to work injuries. Due to the nature of some occupations, there can be an increased risk of workplace accidents and injuries.
Common work injuries in New Jersey are:
- Neck and Back Injuries & Disc Herniations
- Carpal Tunnel, Repetitive Motion & Nerve Injuries
- Slip, Trips & Falls
- Motor Vehicle Accidents
- Rotator Cuff Injuries
- Knee / Ankle / Foot Injuries
- Eye Injuries, Vision Issues & Blindness
- Spinal Cord Injuries
- Broken or Fractured Bones
- Head Injuries, Traumatic Brain Injury & Concussions
- Lacerations and Puncture Wounds
- Internal Injuries
- Burns & Electrocution
- Toxic Exposures
Regardless of the type of work accident that occurred, you may be entitled to workers' compensation benefits.
Obtaining Benefits Following a New Jersey Workplace Injury
Being hurt on the job can result in a multitude of different issues, including:
- Obtaining authorization for treatments, such as surgery
- Temporary disability (wage loss)
- The nature and extent of any permanent injuries
- Disability and dependency claims
Our team of experienced New Jersey workers’ compensation lawyers know effective ways to thoroughly investigate work-related cases and make sure all the required documentation is submitted in a timely manner that guarantees you obtain all the worker’s compensation benefits you are entitled to receive after being hurt on the job.
If you feel the workers’ compensation carrier is not providing you with the proper treatment, our firm has significant experience in fighting for your rights to obtain the medical treatment you need and are legally entitled to.
The Process of Obtaining Workers' Compensation Benefits
For you or your family to be eligible for workers' compensation benefits, you must give timely notice of your claim to your employer. It is also important for you to be aware that you are not entitled to receive any money for your pain and suffering or your loss of future earning capacity.
If you are injured on the job in New Jersey, you are entitled to receive the following benefits:
If you are out of work, you are entitled to temporary disability of 70 percent of your wages, up to the workers’ compensation maximum benefit amount. This benefit is calculated at a rate of 70 percent of the worker’s average weekly wage, not to exceed the statutory maximum rate or fall below the statutory minimum rate established annually by the Commissioner of Labor and Workforce Development. These wage loss benefits will continue until the worker has returned to work, has reached maximum medical improvement (MMI) or has reached the statutory 400-week maximum.
You are entitled to receive a permanency award for any permanent injury you sustained as a result of your work-related injury. This can be in terms of permanent partial benefits based on the functional loss. These benefits will be paid weekly and are due after you exhaust your temporary disability benefits payments. Our team of New Jersey workers’ compensation lawyers will obtain all your treatment records upon your discharge from medical care and then send you to doctors to be evaluated to determine the nature and extent of your permanent injuries and help you receive the benefits you deserve.
All your medical treatments, including surgery and vocational rehabilitation, will be paid as long as you go to an authorized doctor from your employer's insurance company. Medical benefits include all necessary and reasonable medical treatment, prescriptions, and hospital treatment. Your employer and/or its insurance company has a right to designate which medical doctor is authorized for you care and treatment.
When an injury or illness related to your employment results in total permanent disability, weekly benefits are initially meant to last a period of 450 weeks. If the injured worker remains totally and permanently disabled beyond the initial 450 weeks, the benefits will continue. The benefits a worker receives for total disability are paid weekly and are based on 70% of the average weekly wages earned, not to exceed the statutory maximum or fall below the statutory minimum.
Death benefits, also known as dependency benefits, are available in cases where the injury or accident results in the death of the employee. These benefits include funeral expenses up to $3,500. Also, the weekly benefits are 70 percent of the wages of the deceased worker, not to exceed the statutory maximum.
New Jersey Workers' Compensation Process
At the Todd J. Leonard Law Firm, our attorneys have handled numerous New Jersey workers’ compensation claims on behalf of injured workers and know how to navigate our clients’ cases through the system successfully. Below are the basic steps to any workers’ compensation claim:
Injured workers must immediately report their work-related accident to their supervisor (so a workers' compensation claim can be opened for them) and then seek medical attention at a company authorized facility/doctor.
Workers' compensation benefits are designed to last as long as the injured worker is unable to work. If a New Jersey workplace accident results in the worker's permanent disability or prolonged inability to work, they may be able to collect permanent benefits.
Upon notice to your employer of the accident, you are entitled to three benefits:
All of your medical bills and treatment will be covered as long as you go to an authorized doctor.
While you are unable to work and healing, you will receive 70% of your wages up to a state maximum.
You are entitled to a "Permanency Award" - this applies to a functional loss or disability that is attributed to your on-the-job injury.
In addition to your workers' compensation claim, should your work injury involve a third party, your workers' comp attorney can help protect your rights and file a liability lawsuit against any third party that may have caused your accident.
Workers' Compensation at Amazon
Fatal New Jersey Workplace Accidents
Most New Jersey workplace accidents result in a major setback to a worker—and their family. However, in the most tragic cases, a worker is killed in an on-the-job accident. In these situations, the deceased employee’s family may be entitled to death benefits through a New Jersey workers’ compensation claim. Of course, nothing can bring back a loved one lost in a fatal New Jersey workplace accident. And no amount of compensation can lessen the loss a family experiences when losing a loved one. However, pursuing a workers’ compensation claim after a fatal workplace accident can ease the financial burden that grieving families often experience in the wake of such a tragedy. Under New Jersey workers’ compensation law, death benefits are 70 percent of the deceased worker’s average weekly wage, subject to a maximum set by the Commission of Labor. Any benefits received are divided among surviving dependents, after the judge overseeing the case conducts a hearing to determine each dependent’s share. In addition, families are eligible for up to $3,500 in funeral and burial expenses.
Potential Third Party Claims on Fatal Workplace Accidents
If a non-employer third party is responsible for an employee's fatality, the deceased worker’s estate can bring a lawsuit against that third party for wrongful death. Examples of third party claims may include fatalities involving the manufacturer of defective equipment, product liability claims, motor vehicle accidents, exposure to deadly fumes or other dangerous working conditions, or the negligence of a third party contractor, such as outside maintenance companies.
A proven track record of success
Speak with a New Jersey Workers' Compensation and FELA Claims Lawyer
Contact the Todd J. Leonard Law Firm to speak with one of our New Jersey workers' compensation lawyers who who will ensure your rights are protected. There are never any legal fees incurred unless we obtain a recovery for you. Our counsel fee will be set by the Workers’ Compensation Judge and it is usually 20% of your recovery. However, the judge oftentimes will not have you pay the entire 20% legal fee and it is common that your employer will also pay a percentage of the counsel fee awarded.
All initial consultations are free of charge and are kept strictly confidential, and we provide Spanish bilingual legal services. Call us at (973) 920-7900.