What does a workers’ compensation lawyer do for you?
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What does a workers’ compensation lawyer do for you?
A workers’ compensation lawyer handles every aspect of a workers’ compensation claim. This can relieve many of the burdens associated with bringing a claim and increase the overall chance of successfully obtaining benefits. While every New Jersey workers’ compensation case is a little different, they follow the same process for the most part. Below is a detailed description of the various things a workers’ compensation lawyer can do to help you obtain benefits and protect your rights.
Help you understand the workers’ compensation process
After suffering a serious workplace injury, you may not have the time or energy needed to delve into the workers’ compensation process complexities. However, when you reach out to an experienced workers’ compensation lawyer, they will take the time to explain everything to you, so you know what to expect. Aside from answering any specific questions you have, a few of the things your attorney will go over with you include:
• How the process works;
• What you will need to prove to obtain benefits;
• The types of benefits you may qualify for;
• An estimated benefit amount and settlement award, assuming your claim is approved; and
• Solutions to common problems that arise during the process.
Negotiating a settlement offer
Most New Jersey workers’ comp claims are settled before a hearing. Having an attorney work through the negotiation process greatly increases the chances of a fair settlement offer. Generally, a settlement offer will depend on the following:
• The extent of your injuries;
• How your injury impacts your physical activity;
• Functional loss of a specific body part(s);
• Whether you are expected to have a permanent disability or lasting impairment; and
• Your income.
A workers’ compensation lawyer will also look at your overall picture when structuring a settlement agreement. For example, if you plan on applying for Social Security Disability Insurance (SSDI) benefits, properly structuring a settlement is crucial to minimizing the workers’ compensation offset.
Represent you at a workers’ compensation hearing
While most workers’ compensation claims end in a settlement, that is not always the case. If you cannot reach an agreement with the insurance company, you will need to attend a hearing in front of a judge to determine if you qualify for benefits. At this hearing, your attorney can help with the following:
• Depose witnesses;
• Request medical records;
• Perform necessary research pertaining to your case;
• Compose all of the required official documents to file the claim;
• Prepare opening and closing statements outlining your theory as to why you deserve benefits; and
• Raise objections if the lawyer for the insurance company steps out of line.
If the hearing ends in a denial of benefits, your attorney can help you appeal that decision.
Investigate other possible claims, including a New Jersey third-party personal injury lawsuit
A worker’s compensation claim is just one way an injured worker can obtain compensation after a workplace accident. The other way is through a third-party personal injury claim. These claims can be filed against a third party who caused or contributed to the worker’s injuries. Looking into third-party injury claims is essential, as these claims may provide injured workers with additional damages, including those for their non-economic damages, such as pain and suffering.
If you have been injured in a New Jersey workplace accident, reach out to the Todd J. Leonard Law Firm for immediate assistance. We offer free consultations to accident victims and accept workers’ comp cases on a contingency basis, meaning there is never a fee unless we can help you obtain benefits and a settlement award on your behalf. You can reach us at 973-920-7900 or through our online form.
Other Workers’ Compensation FAQs:
- Am I allowed to choose my doctors for my workplace injury in New Jersey?
- Am I eligible for workers’ compensation if I am hurt while working from home in New Jersey?
- Are longshore workers eligible for workers’ compensation in New Jersey?
- Are minors injured in a work-related accident eligible to receive workers’ compensation benefits in New Jersey?
- Can a workers’ compensation lawyer help me obtain benefits and a settlement award?
- Can I reopen my workers’ compensation case?
- Do I need a doctor’s approval to return to work?
- How does a workers’ compensation lawyer get paid if the injured worker is totally disabled in New Jersey?
- How does a workers’ compensation lawyer get paid?
- How much do workers’ compensation lawyers charge in New Jersey?
- How much does a lawyer make off of a workers’ compensation claim?
- How much does a workers’ compensation lawyer charge in New Jersey?
- If my spouse or parent dies due to a work-related injury or illness in New Jersey, am I entitled to any death benefits?
- Is my injury considered a permanent partial disability?
- Since I cannot perform the job I did before the injury, can I return to work in a different capacity, and how would that impact future compensation?
- The workers’ compensation doctor has released me for light duty work, but my employer told me there is no light duty work available. What should I do?
- What do I do if I get into a New Jersey car accident while working?
- What does a workers’ compensation lawyer do for you?
- What does a workers’ compensation lawyer do?
- What does a workers’ compensation lawyer need to know?
- What does AWW mean under workers’ comp? (Average Weekly Wage)
- What does FCE mean under workers’ comp? (Functional Capacity Evaluation)
- What does IME mean in workers’ comp? (Independent Medical Examination)
- What does MMI mean in workers’ comp? (Maximum Medical Improvement)
- What does PPD mean in workers’ comp? (Permanent Partial Disability)
- What does TTD mean in workers’ comp? (Temporary Total Disability)
- What happens when using a lawyer for a workers’ compensation claim?
- What happens when you get a workers’ compensation lawyer?
- What is a workers’ compensation lawyer?
- What kind of information does a workers’ compensation lawyer need from you?
- What to do if your Employer will not report your New Jersey Accident to the Workers’ Compensation Carrier?
- What to expect in your free consultation with a workers’ compensation lawyer?
- What type of documents do I need to sign to allow my workers’ compensation lawyer to accept my settlement?
- What will a New Jersey workers’ compensation attorney do for me?
- What workers’ comp benefits can I receive if I’m unable to work or return to work?
- When do I need a New Jersey workers’ compensation lawyer?
- When do workers’ compensation payments stop?
- When to get a lawyer for TBI workers’ compensation?
- When to get a workers’ compensation lawyer?
- While I was out of work as a result of a work-related injury my employer terminated me. Is this legal?
- Why do I need a lawyer to file a workers’ compensation claim?
- Why do I need a lawyer to file for New Jersey workers’ compensation?
- Why should I have a workers’ compensation lawyer?
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Being injured or having a family member injured can have serious and lifelong consequences. We can try to ease the burden. Contact us today to learn more about how our team of experienced New Jersey accident attorneys can support you through these challenging times.