Why should I have a workers’ compensation lawyer?
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Why should I have a workers’ compensation lawyer?
The process of obtaining workers’ compensation benefits may seem straightforward at first glance, but there are often significant hurdles along the way. Understanding the potential difficulties of bringing a workers’ comp claim helps to know how the process works.
Under state law, most employers are required to have workers’ compensation insurance. Employers who purchase this insurance are “covered” under the state’s workers’ comp laws. Employees of a covered employer can file a workers’ comp claim if they are injured on the job. This insurance guarantees that, if an employee is injured on the job, there are funds available to pay for their workers’ comp benefits.
To obtain workers’ compensation benefits, an injured worker will need to show that their injury happened at work or resulted from their work. However, the worker will not need to prove that their employer was negligent or played any role in causing their injury.
Notably, if an employer is covered under the New Jersey workers’ comp laws, an employee’s sole remedy against their employer is through a workers’ compensation claim, meaning they cannot file a personal injury claim against their employer. However, if some other person or business was responsible for causing the worker’s injuries, an injured employee can file a third-party personal injury claim against that party.
Why a worker’s comp lawyer is important
There are several reasons why it is imperative to have an experienced workers’ compensation lawyer working on your case. First, workers’ comp cases take preparation to file. For example, you will need to gather all your medical and employment records to put together a claim. A workers’ compensation lawyer knows which information is important and where to find it.
Second, a lawyer can help you understand the process, what to expect, and how long it may take for you to get approved for benefits. This can provide valuable peace of mind through what is often a stressful time.
Third, workers’ comp lawyers are skilled at negotiating with insurance companies. Often, an insurance company will attempt to settle your claim for as little as possible. And unless you know what to expect, you may accept an offer that does not fairly compensate you for all of your injuries. A knowledgeable workers’ compensation lawyer will know when an insurance company is not fair and can aggressively negotiate on your behalf.
Finally, an injury lawyer can review the accident to determine if you have an additional third-party personal injury claim against someone other than your employer. While workers’ compensation laws do not allow most injured workers to file a personal injury claim against their employer, you can file a personal injury claim against other people or businesses who caused your injuries. These are referred to as third-party claims because you are filing a claim against someone other than your employer.
Identifying whether you have a third-party injury claim is a crucial step in obtaining maximum compensation for your injuries. This is because third-party injury claims allow you to recover compensation otherwise unavailable through a workers’ compensation claim, including damages for your 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.