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Workers’ Compensation Lawyer in Marlton, NJ

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Injury or illness can strike in the blink of an eye at the workplace, turning a regular workday into a prolonged battle for health, financial stability, and peace of mind. The experienced Marlton workers’ compensation lawyer Stan Gregory helps injured workers in moments like this.

With years of experience and a deep understanding of New Jersey’s workers’ compensation laws, Stan Gregory is committed to advocating for your rights and securing the compensation you rightfully deserve.

If you or someone you know has suffered a workplace injury in Marlton, NJ or contracted a serious illness while at work, it’s critical to act promptly. Don’t undertake this complex journey alone. Contact The Law Office of Stan Gregory today for a free consultation from an experienced Marlton workers’ comp attorney and take the first step toward receiving the full benefit to which you are entitled.

What Can a Marlton Workers’ Comp Lawyer Do For You?

The Law Office of Stan Gregory offers a range of legal services for Marlton and South Jersey workers essential for a successful workers’ compensation claim. He provides expert legal advice, ensuring clients understand their rights and the complexities of New Jersey’s workers’ compensation laws. His role includes meticulous preparation and timely filing of claims on your behalf, crucial for a positive outcome.

Stan Gregory’s expertise extends to skilled negotiations with insurance companies, aimed at securing maximum compensation for his clients. In cases of disputes or denials, he represents clients in hearings and appeals, handling the intricacies of workers’ compensation litigation. A significant aspect of his legal service is ensuring clients receive a thorough and fair medical evaluation, which is vital in determining the extent of injuries and the corresponding compensation.

Whether you are having return-to-work issues or encounter a delay in receiving your workers’ compensation benefits, Stan Gregory not only simplifies the legal journey for those injured at work but also offers a sense of security during a challenging period in their lives.

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When You’re Injured At Work in Marlton

Suffering an injury at work can be a distressing and confusing experience, significantly impacting your life both personally and professionally. In such moments, it’s crucial to know the immediate steps to take, not only for your health and well-being but also to protect your legal rights. Understanding the process from the moment the injury occurs is key to ensuring a smooth and effective response.

This includes seeking medical attention, reporting the incident, and understanding the intricacies of workers’ compensation claims. Navigating this process can be overwhelming, but knowing what to do when you’re injured at work is the first crucial step toward recovery and securing the benefits you rightfully deserve.

Seek Medical Attention

The first and foremost action to take immediately after a workplace injury is to seek medical attention. Prioritizing your health and safety is paramount. Medical attention is not just about treatment; it’s also about documentation. When you seek medical help, a record of your injury is created, detailing its nature and severity. This medical record becomes a cornerstone of your workers’ compensation claim. It serves as an official and objective statement of the injury, which is crucial in substantiating your claim. Moreover, timely medical care can often prevent complications and ensure a more effective recovery. It’s important to follow all medical advice and keep records of all treatments, as these documents will play a crucial role in your Marlton workers’ compensation case.

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File A Report Of Your Injuries

Once you’ve received medical attention, the next step is to formally report your injury to your employer. This step should be taken as soon as possible, ideally within the first few days after the incident, as delays can complicate the personal injury claims process. The report should be detailed, including the date, time, and circumstances of the injury. Filing this report initiates the workers’ compensation claim process. It acts as a formal acknowledgment of the incident by your employer and is necessary for the legal process to begin. Be sure to obtain a copy of this report for your own records, as it’s an important piece of documentation in your Marlton workers’ compensation claim.

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Check On The Status Of Your Claim

After your claim has been filed, it’s essential to actively follow up and check on its status. Regular monitoring of your claim helps identify any delays or issues early on, allowing for timely resolutions. It also keeps you informed about the progress of your case and what to expect moving forward. An attorney like Stan Gregory can be instrumental in this phase. An experienced Marlton workers’ compensation lawyer will keep track of the claim status and communicate with the insurance company, handling any necessary paperwork and ensuring that your claim is being processed correctly and efficiently. They can also advise you on steps to take if there are any problems or if the claim is denied, ensuring that you have professional support throughout the entire process.

Types of Available Workers’ Compensation Benefits

Lost Wages

Known as “temporary total disability workers’ compensation benefits,” 70% of their average weekly wage is paid to Marlton employees who have missed more than seven days of work due to a work-related illness, disease, or injury. Your temporary total disability payments will not exceed 75% of the Statewide Average Weekly Wage (SAWW) and will not fall below the minimum rate of 20% of the SAWW. If an employee returns to work, the benefit ends. They may be entitled to additional payments if further medical treatment does not improve their condition.

Medical Bills and Expenses

The term 'necessary and reasonable medical expenses' encompasses a wide range of medical services and treatments. This includes initial hospitalization following a workplace injury, which can involve emergency room services, surgeries, and any immediate medical procedures required to treat the injury. The coverage extends to follow-up treatments, including doctor’s visits and specialist consultations necessary for the diagnosis, treatment, and management of the injury or illness. Prescription medication, related therapies and medical aids would also be covered. It's important for injured employees in Marlton to know that the coverage of medical expenses under workers' compensation is typically subject to approval by the insurance provider.

Benefits for Temporary Disability

Temporary disability benefits play a vital role for Marlton employees who find themselves unable to work due to a workplace injury or illness, but expect to make a full recovery. These benefits are designed to provide financial support during the period of recovery. Typically, they cover a portion of the wages lost due to the inability to work, ensuring that the injured employee can maintain financial stability while focusing on recovery. The calculation of these benefits usually takes into consideration the employee's average weekly wages prior to the injury. It's important to note that these benefits continue until the employee is medically cleared to return to work or reaches maximum medical improvement.

Benefits for Permanent Disability

Permanent disability benefits are crucial for employees who suffer from workplace injuries or illnesses that result in long-term or lifelong impairments, preventing them from returning to their previous work capacity. These benefits are structured to provide long-term financial support, acknowledging the lasting impact of the disability. The amount and duration of these benefits often depend on the severity of the disability and its impact on the employee's ability to earn a living. In some cases, permanent disability benefits may be a lump sum settlement, while in others, they may be structured as ongoing payments.

Death Benefits

In the tragic circumstance of a workplace fatality, death benefits provide essential financial support to the dependents of the deceased employee. These benefits are designed to help alleviate the financial burden faced by families in the aftermath of such a loss. Death benefits typically include a portion of the deceased worker’s wages and may also cover funeral and burial expenses up to $3,500. The beneficiaries of these benefits are typically the spouse, children, or other dependents recognized under New Jersey workers' compensation laws.

Social Security Disability Benefits

In certain situations, a Marlton employee who is receiving workers' compensation benefits may also be eligible for Social Security Disability Benefits (SSDI). This typically occurs in cases where the injury or illness is severe enough to qualify the individual for SSDI. It's important to note that receiving workers' compensation benefits may affect the amount of Social Security Disability Benefits an individual can receive. The coordination of these benefits is complex, and it's advised you seek guidance from a knowledgeable attorney like Stan Gregory to understand how these benefits interact.

Public Employee Disability Benefits

Public employee disability benefits are specifically tailored for government workers who suffer from work-related injuries or illnesses. These benefits often differ from those in the private sector, reflecting the unique circumstances and needs of public employees. They may include special provisions or enhanced benefits, considering factors like the nature of public service and the specific terms of government employment. It's important for public employees to understand their specific entitlements under their employment's workers' compensation program.

Job Site Accidents In Marlton Covered By Workers Compensation

Muscle Injuries

Muscular injuries are a frequent occurrence in occupations that require physical labor, heavy lifting, or repetitive motion. These injuries can range from mild strains to more severe sprains and tears. Strains typically involve injury to muscles or tendons, often resulting from overexertion or improper lifting techniques. Sprains, on the other hand, are injuries to ligaments and are commonly seen in falls or sudden twists. Muscle tears, which are more severe, involve the actual tearing of muscle fibers and can result from acute trauma or chronic overuse.

Recovery from these injuries varies depending on the severity and may involve rest, physical therapy, or even surgical intervention in severe cases. Workers’ compensation benefits for muscular injuries aim to cover medical treatment costs and provide wage replacement for the time the injured worker is unable to perform their job.

Occupational Illnesses

Occupational illnesses arise due to exposure to hazardous substances or unhealthy work environments. These can include respiratory conditions like asthma or chronic obstructive pulmonary disease (COPD) from exposure to dust, chemicals, or fumes. Skin conditions such as dermatitis can result from contact with irritants or allergens. Long-term exposure to certain substances can also lead to more serious conditions like cancer or organ damage.

Occupational illnesses might develop over time, making it challenging to directly link them to workplace conditions. Workers’ compensation for occupational illnesses covers medical treatments, and in cases where the illness prevents continued work in the same environment, it may also cover retraining for a different role.

Traumatic Injuries

Traumatic injuries in the workplace are often the result of severe accidents like falls, machinery malfunctions, or vehicle-related incidents. These injuries can be life-altering, including fractures, head injuries, spinal cord injuries, and amputations. Such injuries often require immediate emergency care, potentially followed by surgeries, long-term hospitalization, and extensive rehabilitation. Traumatic injuries may lead to permanent disability, necessitating significant adjustments in lifestyle and employment capabilities. Workers' compensation for traumatic injuries aims to cover all medical expenses, provide disability benefits, and may include vocational rehabilitation services if the worker is unable to return to their previous job.

Mental Health Conditions

Mental health conditions resulting from workplace experiences are increasingly recognized in workers' compensation claims. These conditions can stem from chronic workplace stress, harassment, or a singular traumatic event such as witnessing a serious workplace accident or being a victim of violence. Common mental health conditions covered include post-traumatic stress disorder (PTSD), anxiety, and depression.

Proving these conditions are work-related can be complex, as mental health is influenced by a combination of factors. Treatment may involve counseling, psychiatric care, and medication. Workers’ compensation benefits for mental health conditions aim to cover the costs of these treatments and provide wage replacement if the employee is unable to work due to their mental health condition.

When Will Workers’ Compensation Benefits End

Understanding when and why workers’ compensation benefits may come to an end is critical for any employee navigating a workers’ compensation claim. The duration and continuation of these benefits are subject to various factors, including the nature of the injury, the recovery process, and the specific terms of the workers’ compensation policy. Knowing the potential scenarios that lead to the termination or alteration of benefits can help employees plan their recovery and future with greater clarity and preparedness.

This knowledge is also essential in ensuring that you receive all the benefits you are entitled to while recovering from a work-related injury or illness. Whether it’s returning to work, reaching maximum medical improvement, or encountering changes in your employment status, understanding these dynamics is key to effectively managing your workers’ compensation benefits and planning for the future. That’s where the Law Office of Stan Gregory can help.

Termination of Benefits

Workers’ compensation benefits are generally provided as a support system until the injured worker can safely return to work or achieves maximum medical improvement (MMI). MMI is a state where the worker’s condition is not expected to improve significantly with further treatment. Upon returning to work, especially if you can earn your previous wages, the wage replacement aspect of your benefits typically ends. Medical benefits may continue if ongoing treatment is deemed necessary. It’s important for workers to understand their employer’s and insurance carrier’s policies regarding the termination of benefits and to prepare accordingly for this transition.

How To Have Workers’ Compensation Reinstated

If your workers’ compensation benefits have been stopped and your condition warrants continued support, there are specific procedures to follow for reinstatement. This often involves providing updated medical evidence demonstrating that your work-related injury or illness still impacts your ability to work. You may need to file a reinstatement petition and possibly attend a hearing where you can present evidence and argue for the necessity of resuming your benefits. It is crucial in such instances to act promptly and seek legal guidance to ensure a proper understanding of the procedures and timelines involved.

Suspended Benefits

Suspended benefits refer to a situation where the payment of workers’ comp benefits is temporarily halted. This suspension can occur for various reasons and understanding these is crucial for employees who are relying on these benefits for their livelihood and medical care.

When benefits are suspended, it’s important for the injured or sick employee to understand the specific reasons for the suspension and the steps needed to address the issue. If the suspension is due to a dispute over the medical condition or recovery status, the employee might need to undergo further medical evaluation or provide additional medical evidence to support their claim. If the suspension is related to procedural issues, addressing these administrative concerns promptly is crucial.

How To Challenge Suspended Benefits

In some cases, workers’ compensation benefits may be unjustly suspended, often due to misunderstandings, administrative errors, or disputes about the nature or severity of the injury. If you believe your benefits have been wrongly suspended, it is essential to get in touch with an experienced workers’ compensation attorney like Stan Gregory to challenge this decision. The process usually involves filing an appeal or claim petition, and it may require attending a hearing or providing additional medical evidence to support the need for continued benefits. Legal assistance is necessary in these situations to navigate the complex appeals process effectively.

Modifications of Benefits

An increase in benefits might be necessary if there is a significant deterioration in your medical condition related to the workplace injury or illness. This could involve worsening symptoms, the need for additional surgeries, or the development of related complications. In such cases, you would need to provide medical evidence supporting the need for enhanced benefits.

Conversely, a decrease in benefits can occur if there is substantial improvement in your condition. Your employer or their insurance carrier might request a reevaluation of your medical status. If this evaluation finds that your condition has improved to the extent that you can return to work or that your disability level has decreased, your benefits may be reduced accordingly.

Recognize A Petition For Modification

Employers or their insurance carriers may file a petition for modification if they believe the worker’s condition has improved, or if they have evidence suggesting a decrease in disability. As an employee, you might need to file for an increase in benefits if your condition worsens. Recognizing and responding to a petition for modification is paramount, as it can significantly affect the type and amount of benefits you receive. You’re advised to consult with your attorney if you receive a notice of modification to ensure your rights are protected.

Contact Marlton Workers’ Compensation Lawyer Stan Gregory

While you are not required by law in New Jersey to hire a workers’ compensation lawyer in Marlton to handle your workers’ comp claim, it is highly recommended that you do so because the insurance companies do not have your best interests at heart. Insurance companies only make money if they deny claims, delay paying claims, or underpay claims, and you know that they have teams of lawyers on their side to help them do that – at your expense. Marlton workers’ compensation lawyers help you fight back against the insurance companies to protect your rights and benefits.

Call Marlton workers’ comp attorney Stan Gregory at (609) 281-5100 for a free consultation, and to feel the sense of relief that all of our clients feel knowing that your workers’ compensation case will be handled correctly and that you will get every benefit you deserve.

Marlton Workers’ Compensation FAQs

What if my workers’ comp claim is only partially paid?

If your workers’ compensation claim is only partially paid, it could indicate a disagreement over the extent of your injuries or the benefits you are entitled to. It’s essential to review the decision and understand why certain aspects of your claim were not fully covered. You may need to provide additional medical documentation or evidence to support the full extent of your claim. In some cases, it may be necessary to file an appeal or a claim petition to contest the partial payment. Legal counsel can be a huge asset in these situations to help you navigate the process and ensure that you receive the full benefits you are entitled to under the law.

What if my employer does not have workers’ comp insurance?

If your employer does not have workers’ comp insurance, you still have options for seeking compensation for a work-related injury or illness. In many jurisdictions, there are state funds established to provide compensation to workers injured at uninsured workplaces. Additionally, you may have the option to file a civil lawsuit against your employer. This route can be more complex and may require proving negligence on the part of your employer. Seeking legal advice in such situations is important to understand your rights and the best course of action.

May i receive both disability and workers’ comp at the same time?

It is possible to receive both disability benefits and workers’ comp benefits simultaneously, but there are specific rules and limitations. Typically, the amount you receive from workers’ compensation can affect your disability benefits. For example, if you receive Social Security Disability Insurance (SSDI), the total amount of SSDI and workers’ comp cannot exceed a certain percentage of your average current earnings. It’s important to report any workers’ comp benefits to your disability benefits provider and understand how one may offset the other.

How long before i get my workers’ comp payment?

The timeline for receiving workers’ comp payments can vary depending on several factors, including the specifics of your case, the processing time of your claim, and the laws in your state. Generally, there is a waiting period before benefits begin, often a few days after the injury. Once your claim is approved, you may start receiving benefits soon after this period. If there are disputes or delays in the approval of your claim, it may take longer. Keeping in regular contact with your employer and their insurance carrier, and seeking legal assistance if delays occur, can help in understanding and potentially expediting this process.

What if my employer won’t file my claim?

If your employer refuses to file your workers’ comp claim, you may need to take additional steps. In most jurisdictions, you have the right to file the claim yourself with the state workers’ compensation board or the relevant regulatory body. Document all communications with your employer regarding the injury and your attempt to file a claim, as this information can be critical if legal action is needed.

Is there a statute of limitations for filing a workers comp claim?

Yes, there is a statute of limitations for filing a workers’ comp claim and it varies by state. This is a legal time limit within which you must file your claim to be eligible for benefits. The clock typically starts ticking from the date of the injury or the date you became aware of a work-related illness. In New Jersey, you have up to two years to file a formal workers’ compensation claim. It’s important to be aware of these time limits as failing to file within the specified period can result in the loss of your right to claim benefits.