The workplace in the 21st century can be fraught with peril. Department of Labor statistics indicate that more than 5,000,000 work comp claims are filed every year by people who have suffered needless injury on the job. Though the process may seem pretty straightforward, the reality is that one of every 10 claims is initially rejected. Workers’ compensation insurance companies and employers will often go to great lengths to delay, deny or diminish your claim.
When you have been hurt in the workplace, you want an experienced attorney to help you get the benefits to which you are entitled. The Lee Law Firm can help.
Proven Workers’ Compensation Lawyer in Newark
Attorney Edward Lee has been a strong advocate for the rights of workers in Newark and throughout New Jersey for more than three decades, aggressively protecting the rights of men and women who have been hurt on the job. A skilled and experienced litigator, Ed has been certified as a civil trial attorney by the New Jersey Supreme Court for nearly 20 years. He has an Excellent rating with Avvo and is recognized as a Top Lawyer Lifetime Member of the Global Directory of Who’s Who. He’s also been listed among the “Top One Percent” by the National Association of Distinguished Counsel and is a longtime New Jersey Super Lawyer.
There’s no charge or obligation for your first consultation.
What Is Workers’ Compensation in New Jersey?
The New Jersey workers’ compensation system is legislatively based, enacted by the New Jersey legislature as an alternative means of recovery for work-based injuries. The New Jersey legislature implemented the state’s workers’ compensation system in an attempt to provide tangible benefits to both injured employees and employers.
Injured workers can typically expect to start receiving benefits within a few weeks, provided their claim is approved. Furthermore, to qualify for workers’ compensation benefits, an injured worker only needs to show two things—that he or she was injured and that the injury occurred during the course of employment. If the injured worker had to file a personal injury lawsuit to recover damages, he or she would have to show that the employer was negligent, i.e., failed to act reasonably under the circumstances.
For employers, the New Jersey workers’ compensation program limits the potential costs of a workplace injury. Under the work comp laws, an injured person has the potential to receive compensation for lost wages or income, any reasonable or necessary medical expenses, and some vocational rehab. That means that the employer doesn’t have to fear that a sympathetic jury will return an unrealistically high damage award. The benefits payable for lost wages are based on a percentage of the employee’s average weekly wage over a period of time.
What Is the Process for Recovering Workers’ Compensation in Newark?
After a job-related injury, your first step should be to contact an experienced workers’ compensation attorney. That way, your rights will be protected immediately. You’ll want to notify your employer as soon as possible—the law requires that you provide notice within 14 days of the accident. Typically, once you’ve advised your employer of your injury, a claim will be submitted to the company’s workers’ compensation insurance provider.
If the insurer approves your claim, you should start receiving benefits within a couple weeks. It’s fairly common, though, for an employer or the insurer to challenge a work comp claim. Often, this will entail sending out investigators, with the potential for initially rejecting your claim. If your claim is denied, you can request either a formal or informal hearing with the Division of Workers’ Compensation—you must, however, make this request within two years of the date of injury or your last payment of compensation.
What Are the Benefits of Having an Experienced Workers’ Compensation Attorney?
Filing a claim for workers’ compensation entails the preparation and submission of a number of documents, many of which can be confusing or intimidating. If these documents are not properly completed or are not delivered to the insurance company in a timely manner, you could have your claims delayed or rejected.
You’ll typically be required to submit to an examination by a doctor chosen by your employer or the work comp insurance company, though you can ultimately choose your treating physician.
To ensure that you don’t say or do anything that will put your claim at risk, and to be certain that all the necessary paperwork is filed before the deadline, it’s important to retain a lawyer who understands the workers’ compensation process, who has successfully helped other clients secure the workers’ compensation benefits they need and deserve. Your attorney can also act as your liaison with your employer, the insurance company and all workers’ compensation referees or personnel, so that you can concentrate on getting healthy.
What Is the Legal Time Period for Filing a Workers’ Compensation Claim?
In a work comp claim, you can expect to get reimbursement of the medical expenses related to sprains, strains and other soft-tissue injury to serious and catastrophic loss, such as broken bones, brain or spinal cord injury, paralysis, burns, permanent scarring and disfigurement, and amputation or loss of limb. You will be entitled to replacement of wages should your injuries prevent you from working for more than 7 days. You can also seek benefits to compensate you for the wrongful death of a loved one caused by a workplace injury or illness. Attorney Lee will help you seek all the benefits to which you are entitled after a Newark, NJ work-related accident.
For assistance at any stage of a workers’ compensation claim, contact us by e-mail or call our offices in Newark at 973-275-8452.
