What happens when using a lawyer for a workers’ compensation claim?
Over 30 years of experience. Over $100 million recovered for clients.
What happens when using a lawyer for a workers’ compensation claim?
Over 30 years of experience. Over $100 million recovered for clients.

What happens when using a lawyer for a workers’ compensation claim?

If you have been injured in a workplace accident, you may be able to obtain workers’ compensation benefits to help you cover your medical expenses. Workers’ comp benefits can also provide you with temporary disability wages (70 percent of your wages) up to a maximum amount while you cannot work due to your injury.

Most injured workers end up seeking the assistance of a dedicated workers’ compensation lawyer to help them through the process. When you hire a lawyer for your workers’ compensation claim, the lawyer will handle almost every aspect of the case.

Every workers’ compensation claim is different, and how a lawyer handles a claim will depend on the specifics of your job and your injuries. Once you decide on a workers’ compensation lawyer, they will do the following:

Gather evidence of your claim

One of the most important aspects of an attorney’s job is helping to establish that your injuries occurred while performing your job duties. In some cases, this is straightforward; however, that is not always the case. For example, if you developed a repetitive-use injury, such as a torn rotator cuff, your employer (or their insurance carrier) may argue that your injury was caused by factors other than your work duties.

A lawyer will diligently investigate your claim to create a compelling case for benefits eligibility. This includes obtaining work and medical records, as well as meeting with any important witnesses. In some cases, an injured worker will need to be seen by another physician to get an expert opinion about the causes of their injury and treatment outcomes. A workers’ compensation lawyer will have a network of physicians that can help create a successful claim.

Negotiate a favorable settlement offer

The workers’ compensation program is insurance-based. Under New Jersey state law, employers are required to purchase workers’ compensation insurance, and when an injured employee files a workers’ comp claim, the insurance company is generally responsible for paying benefits. Dealing with an insurance company can be frustrating, especially when the company denies a claim, denies treatment, or only offers a minor settlement.

Workers’ compensation lawyers are knowledgeable in the state’s workers’ compensation laws and are skilled negotiators by trade. An insurance company may hope to take advantage of an injured worker. By working with an experienced New Jersey workers’ comp attorney, injured workers can rest assured, knowing that their claim is being expertly handled and that they will not be taken advantage of by the insurance company.

Appear at a workers’ compensation hearing

While most workers’ comp claims are settled, that is not always the case. If your employer or their insurance company refuses to approve your claim or offers an inadequate settlement agreement, the case may proceed to a hearing in front of a workers’ compensation judge. In the hearing, the judge will hear evidence from both sides and determine if the worker is entitled to benefits. At the hearing, a lawyer may call witnesses, establishing the validity of the injured worker’s claim. An attorney will also cross-examine any witnesses called by the insurance company.

Look into third-party personal injury claims

A workers’ comp claim is one way an injured worker can obtain compensation after a workplace accident. The other way is through a third-party personal injury claim. A third-party personal injury claim involves filing a lawsuit against someone other than your employer who was responsible for your injuries. Looking into third-party injury claims is important, as these can provide workers with additional damages, including pain and suffering. A dedicated workers’ compensation lawyer can identify all potentially liable parties to determine if you have a case against any other parties.

Other Workers’ Compensation FAQs:

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I highly recommend using this law firm.

My lawyer Paul Paravati was always available there for me and gave me first rate service.

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The Leonard Law Firm is truly amazing.

They go above and beyond to make sure you get what you deserve.

- Gina V.
Todd and his staff were courteous and caring about my personal well-being.

They were knowledgeable and settled my case in an expedited manner. I really felt they were on my side the whole way. Thank you Todd and staff for excellent treatment!

- B.H.
You are the most amazing person

and I am indebted to you forever!

- P.S.

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Fatal Apartment Fire
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Product Liability & Auto Accident
$3.5Million
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$2.94Million
Car Accident Road Defect
$2.5Million
Workplace Construction Accident
$2.25Million
Fall Down Accident
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Car Accident State Vehicle
$1.5Million
Fatal Apartment Fire
$1.36Million
Auto Accident
$1.2Million
Auto Accident
$1.0Million
Civil Sexual Assault Lawsuit
$1.0Million
Slip & Fall Accident
$1.0Million
Fall Down Accident
$29.5Million
Product Liability & Auto Accident
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Car Accident/Brain Injury
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Slip and Fall: Workers’ Compensation & Premises Liability Accident
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Car Accident Road Defect
$2.5Million
Workplace Construction Accident
$2.25Million
Fall Down Accident
$1.8Million
Car Accident State Vehicle
$1.5Million
Fatal Fire Apartment
$1.36Million
Auto Accident
$1.2Million
Auto Accident
$1.1Million
Slip & Fall Accident

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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.