Cinnaminson Workers’ Compensation Lawyer
If you’ve been injured or fallen ill due to conditions at work, you may be entitled to workers’ compensation in New Jersey. Working with a trusted Cinnaminson workers’ compensation lawyer can help ensure that you receive your full compensation. Stan Gregory, Esq. has more than 20 years of experience handling workers’ compensation claims and he can work with you to assess the needs of your unique situation.
How an Experienced Workers’ Compensation Lawyer in Cinnaminson Can Help You
Filing your own workers’ compensation claim may seem like the quickest and easiest way to be approved for your benefits. In reality, however, the process can be confusing and complicated. When you’re trying to recover from a work related injury or illness, the last thing you want to do is deal with any additional stress. Stan Gregory is a workers’ compensation lawyer serving Cinnaminson who can help file your claim and deal with any issues that may arise in the process.
How to File for Workers’ Compensation in New Jersey
After being injured on the job the first thing you need to do is report the incident to your employer. If you need to file a workers’ compensation claim in New Jersey, you have the option to file a formal or informal claim petition. Which option is best for you will depend on the specifics of your situation.
Informal Claim Petition
The informal hearing process is designed to settle a dispute between an employer/their insurance company and an employee without having to resort to a more formal process. During an informal claims hearing, topics such as the amount of temporary benefits, permanency, and medical benefits can be discussed. It’s important to note that decisions made in these hearings are not legally binding. Employees still have the right to file a claim if they choose to do so. All claims must be filed within two years of the injury or illness date.
Formal Claim Petition
If your issues cannot be settled with a mutual agreement between you and your employer, you may want to consider a formal claim petition. These hearings typically take place within six months of the filing date. Employees, witnesses, and medical professionals may be called to testify before a judge. Decisions made by the judge during this process are binding and can only be appealed through the Appellate Division of the Superior Court.
Talk to a Cinnaminson Workers’ compensation lawyer at the Law Office of Stan Gregory today to find out how to get assistance with filing your workers’ compensation claim.
Understanding New Jersey Workers’ Compensation Benefits
In the State of New Jersey, there are four types of workers’ compensation benefits.
If your injury or illness results in necessary medical treatment, you may qualify for medical benefits through workers’ compensation. This benefit is designed to provide all necessary and reasonable treatment, hospitalization, and prescriptions. Keep in mind, however, that the employer has the right to select the employee’s treating physician.
Temporary Total Disability Benefits
If your work-related injury has left you unable to work for more than a week (seven days), you may be eligible for temporary total benefits under workers’ compensation. This benefit will pay 70% of your average weekly wage. This benefit cannot exceed 75% of the Statewide Average Weekly Wage (SAWW) or fall below the minimum rate of 20% of the SAWW.
Permanent Total Disability
In very serious situations, work related injuries may result in a person being permanently unable to work. In those cases, an employee may be able to receive permanent total disability through workers’ compensation. This benefit begins after temporary total disability ends and is paid weekly.
Workers’ compensation benefits in the state of New Jersey may also be available to people who have lost a loved one due to a work related illness or injury. In order to be eligible for death benefits, you must be a dependent of the deceased. New Jersey law automatically considers the worker’s spouse and children to be dependents as long as they were living in the deceased’s household at the time of their death.
Workers’ compensation death benefits can cover funeral expenses up to $3,500.
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Cinnaminson Workers’ Compensation Lawyer Stan Gregory Represents Injured Workers Throughout New Jersey
Frequently Asked Questions About Workers’ Compensation in NJ
How Long Can I Be on Workers’ Comp?
The amount of time a person can receive workers’ compensation benefits depends on the type of benefit you’re receiving.
- Temporary total disability benefits can last for a maximum of 400 weeks.
- Permanent total disability can last for life.
- Death benefits can last for a maximum of 450 weeks. This benefit may last even longer if the deceased’s spouse does not remarry.
Who Pays a Workers' Comp Claim?
Employers’ insurance policies are responsible for paying workers’ compensation claims in New Jersey. Unfortunately, insurance companies are likely to decide in their own interest which means that many workers’ compensation claims are often unfairly declined or underpaid. As a result, it is very important to work with a workers’ comp lawyer who understands the ins and outs of workers’ compensation laws in New Jersey. Your employer can be penalized if they delay the payment of your claim. If your claim is not paid in a timely manner, a workers’ compensation lawyer can assist you in making sure you receive your benefits.
Please note that filing a workers’ compensation claim and receiving benefits is not considered a lawsuit.
When Does Workers' Comp Start Paying
When your compensation begins will depend on the type of benefit you will be receiving. Typically, however, it will take two weeks (14 days) for benefits to be paid out. Your employer could possibly face penalties if they delay your claim.
Who Can File for Workers’ Comp in NJ?
Workers’ compensation benefits in New Jersey are only available to employees. The following people are not eligible for workers’ compensation:
- Freelancers/independent contractors
- Unpaid interns
- Unpaid volunteers
- Sole proprietors with no employees
Are Workers’ Compensation Benefits Taxable in NJ?
Workers’ compensation benefits are not taxable in NJ.
Contact Cinnaminson Workers’ Compensation Lawyer Stan Gregory Today
If you live in the Cinnaminson area and have gotten injured or fallen ill due to your job, seeking help from a workers’ compensation lawyer in Cinnaminson can help ensure that your claims process goes smoothly. Call Stan Gregory at (609) 281-5100 to set up a free consultation.