Workers' Compensation Lawyer Serving Burlington, NJ
If you’ve been injured on the job in Burlington, NJ, your focus should be to recover and heal. The last thing you should have to worry about is dealing with a workers’ compensation claim.
Fortunately, an experienced workers’ compensation lawyer in Burlington, NJ can help you through the claims and legal process so you can focus on your recovery. Burlington worker’s comp lawyer Stan Gregory, Esq. has over 20 years of experience handling workers’ compensation claims throughout South Jersey. Put his proven success to work for you.
Call The Law Office of Stan Gregory today to discuss your claim with a workers’ compensation lawyer serving Burlington and find out what your rights are.
How a Burlington Workers’ Compensation Lawyer Can Help You
Before you file your workers’ compensation claim in NJ, you need to know what your rights are and what the procedures are under local law.
NJ law does not require employees to seek legal services when filing workers’ compensation claims, but you’d better believe the workers’ compensation insurance company has their team of lawyers trying to find ways not to pay you what you are owed. Attempting to handle your claim on your own could potentially result in your claim being denied or your benefits being underpaid.
If your claim is delayed or denied, a local workers’ compensation lawyer may be able to help you file your claim with the NJ workers’ compensation courts.
Types of Workers’ Compensation Benefits in NJ
Under NJ’s workers’ compensation laws, injured employees may be eligible for four different types of benefits. Which of these you qualify for will depend on how severe your injury is, how long you will be out of work, and whether you can return to the type of work you did previously.
Employees who suffer workplace injuries or illnesses that require medical attention may qualify for medical benefits under New Jersey’s workers’ compensation scheme. This scheme legally requires employers to pay for all necessary medical treatment, prescriptions, therapies, and hospitalizations that the employee needs because of their workplace injury.
Temporary Total Disability Benefits
Employees who have had to miss at least seven days of work because of a work-related illness or injury may be eligible for temporary total disability benefits. This benefit will pay 70% of your average weekly wage. NJ.Gov states that temporary total disability cannot exceed 75% of the Statewide Average Weekly Wage (SAWW) or fall below the minimum rate of 20% of the SAWW.
This benefit typically ends once an employee returns to work or it is determined that further medical treatment will not improve their condition and that they have reached Maximum Medical Improvement (MMI).
Permanent Total or Partial Disability Benefits
Some workplace injuries leave employees permanently disabled, wholly or in part. Workers’ compensation makes available permanent total disability and permanent partial disability benefits for these employees.
Permanent total disability is defined as an impairment of or loss of certain body parts, including arms, hands, feet, legs, fingers, toes, ears, teeth, or eyes (“scheduled” losses). This benefit may also be available to employees who suffer a back injury or develop problems with their heart or lungs (“non-scheduled” losses).
If you are the dependent (child or spouse) of a person who died from a work-related injury or illness, you may be eligible for workers’ compensation in Burlington. This benefit is paid at 70% of the weekly wage of the deceased employee. Workers’ compensation death benefits cannot exceed the maximum benefit amount established annually by the Commissioner of Labor in NJ. The death benefit can also cover funeral expenses of up to $3,500.
Spouses, children, and other dependents may qualify for workers’ compensation benefits. A workers’ compensation lawyer will be able to help you determine whether you are eligible.
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NJ Workers’ Comp Lawyer Stan Gregory Represents Injured Workers Throughout NJ
Questions About Workers’ Compensation Benefits In NJ
What Types of Accidents are Covered by Workers’ Compensation in Burlington, NJ?
- Construction site accidents
- Factory accidents
- Machinery accidents
- Equipment failure
- Forklift accidents
- Warehouse accidents
- Slips, Trips, Falls
- Being Struck from a Falling Object
- Overuse or repetitive stress
- Exposure to toxic substances
Is Filing a Workers' Compensation Claim Considered a Lawsuit in NJ?
By filing a workers’ compensation claim, you are in no way suing your employer, you are merely filing an insurance claim. Your employer’s insurance company pays out workers’ compensation benefits.
NJ laws almost always prohibit employees from filing lawsuits against their employers due to workplace injuries or illnesses. An exception, however, is that the law allows employees to sue if the employer intentionally caused the employee’s illness or injury.
Can I Be Fired for Filing a Workers' Compensation Claim in NJ?
No. NJ law prohibits employers from firing employees just because they’ve filed a workers’ compensation claim. Employees also cannot be fired for missing work due to their workplace injury or illness.
If you have additional questions about the specific legalities of filing your workers’ compensation claim, call Stan Gregory. Each workers’ comp case is different.
Who is Eligible for Workers' Compensation in NJ?
Only “employees” are eligible for workers’ compensation benefits in NJ. Those who work as a freelancer, independent contractor, unpaid volunteer or intern, or a sole proprietor are not eligible for workers’ compensation benefits. However, there are instances where workers are misclassified as something other than an employee in an attempt to skirt the workers’ comp insurance requirement.
A workers’ compensation lawyer can help you understand whether you will be classified as an employee for the purposes of eligibility for workers’ compensation benefits in NJ.
How Long Do I Have to File a Workers' Compensation Claim in NJ?
The statute of limitations for workers’ compensation in NJ is two years. By law, you have two years from the date of your workplace injury or illness or the date of last payment of compensation, whichever is later. A workers’ compensation lawyer can assist you with filing your claim and ensure you get the maximum benefits you are entitled to.
Even though you have two years to file your claim, If you are injured on the job you should notify your employer immediately.
Call Burlington Workers’ Compensation Lawyer Stan Gregory
If you live in the Burlington, NJ area and have been injured or contracted an illness or disease while at work, you need the help of a local workers’ compensation lawyer. Call Stan Gregory at (609) 281-5100 to schedule a free consultation to discuss your workers’ compensation claim.