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Have you recently suffered a work-related injury in Collingswood, NJ? Is your employer’s insurance company contesting your workers’ compensation claim? Stan Gregory is an experienced Collingswood workers’ compensation lawyer who can support you throughout the process and will fight to ensure you receive the benefits you need to recover from your work-related injuries.
What A Collingswood Workers’ Comp Lawyer Can Do For You
If you’re pursuing a workers’ compensation claim for your work-related injuries, having an experienced Collingswood workers’ compensation lawyer by your side makes all the difference. Stan Gregory’s legal team can help you navigate the legal process for your workers’ comp claim in Collingswood, New Jersey. Additionally, our law firm can properly evaluate your workers’ compensation claim and attempt to negotiate a settlement with your employer’s insurance company or represent you at your hearing or in court if necessary.
What To Do When You’re Injured At Work
In addition to causing physical injuries, workplace accidents cause injured workers to suffer major life disruptions. Sadly, some employers in New Jersey attempt to take advantage of vulnerable victims by discouraging them from obtaining medical treatment or telling them to use sick leave instead of seeking workers’ comp benefits. There are several actions you should take that can increase the strength of your compensation claim in Collingswood, New Jersey.
Get Medical Attention
You should immediately obtain medical treatment for your injuries following a workplace accident in Collingswood, New Jersey. Insurance companies frequently argue that delays in obtaining treatment mean injuries are not severe or are not debilitating. Obtaining prompt medical treatment also ensures your injuries are properly diagnosed and documented.
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Submit A Report Of Your Injuries
Timely reporting is crucial for the success of your Collingswood, New Jersey, workers’ compensation claim. Under New Jersey law (NJ Rev Stat § 34:15-17), you must report your injury to your employer within 14 days of the accident. If you fail to promptly report your injury, your workers’ compensation claim is barred unless you prove your employer already had notice of your injury.
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Review The Status Of Your Claim
Sometimes, injured victims fail to pursue their workers’ comp claims. Employees may become overwhelmed by the workers’ compensation process, fail to seek medical treatment, or submit necessary claim forms. The Collingswood, NJ, workers’ compensation attorneys at the Law Office of Stan Gregory will keep you updated and ensure all necessary paperwork is filed accurately and on time.
Available Workers’ Compensation Benefits In Collingswood
Prior to the passage of workers’ compensation laws in New Jersey, injured employees had few legal options. Workers’ compensation insurance offers numerous benefits designed to assist injured employees. To qualify for workers’ compensation benefits, New Jersey law (NJ Rev Stat § 34:15-1) requires an employee to suffer an injury while in the scope of their employment, i.e., at work.
Lost Wages
The term “lost wages” refers to the pay you are not earning while at home, recovering from your workplace injury or illness. Before the enactment of New Jersey’s workers’ comp laws, injured workers often had to rely on charity or public assistance for economic support if they were unable to work or unable to return to work at a full duty capacity. Sadly, many injured workers and their families fell into poverty following workplace accidents.
Medical Expenses
Injured employees are sometimes encouraged to use their health insurance following a workplace accident. Under New Jersey law (NJ Rev Stat § 34:15-15), workers’ comp insurance is required to pay for all related medical treatment. The dedicated Collingswood workers’ comp attorneys at the Law Office of Stan Gregory will fight to ensure you get the benefits you need to recover and rebuild your life.
Temporary Disability Benefits
If your personal injury prevents you from working temporarily, you may be eligible for temporary disability benefits (TTD). Under New Jersey law (NJ Rev Stat § 34:15-12), you are eligible for up to 400 weeks of TTD benefits if your injuries prevent you from working. The amount of your TTD benefits is 70% of your average weekly earnings (AWW), not to exceed 75% of the Statewide Average Weekly Wage (SAWW) or fall below 20% of the SAWW.
Permanent Disability Benefits
New Jersey law (NJ Rev Stat § 34:15-36) recognizes some injuries may leave employees partially or totally disabled. Injured employees can seek permanency awards based on their pre-injury wages, the location of their injuries, and the severity of their injuries. As explained by the New Jersey Supreme Court, injured employees must present medical evidence demonstrating their injuries are preventing them from working.
Social Security Disability Benefits
It’s possible to receive both social security disability and workers’ compensation benefits under certain circumstances. However, there are restrictions, as the combined benefits cannot total more than 80% of your pre-injury wages. If your benefits exceed this amount, the benefits you receive from Social Security will be reduced.
Public Employee Disability Benefits
Public employees may be entitled to specific disability benefits under New Jersey law (NJ Rev Stat § 43:15A-25.1). Unlike Social Security benefits, public employees cannot simultaneously receive workers’ comp and disability benefits. Further, workers’ compensation benefits are reduced for employees receiving disability benefits.
Death Benefits
Some workplace accidents cause fatal injuries. Pursuant to New Jersey law (NJ Rev Stat § 34:15-13), the dependents of workers who die due to a job-related injury or illness may be eligible for workers’ compensation death benefits. If you recently lost a loved one due to a workplace accident, the experienced Collingswood workers’ compensation lawyers at the Law Office of Stan Gregory will fight to get you the compensation you n
Workplace Accidents In Collingswood Covered By Workers’ Compensation
Workers in Collingswood are protected when accidents happen on the job. In addition to physical injuries, workers’ compensation benefits are also available to employees who develop mental health conditions or job-related illnesses. Stan Gregory has over 20 years of experience representing injured employees in New Jersey.
Muscular
From strains to sprains, muscular injuries sustained at work are compensable claims in New Jersey. Victims who suffer muscular injuries often need intense physical therapy to fully recover. Due to the seemingly minor nature of these injuries, insurance companies often contest muscular injury claims, which is why it is essential to obtain the services of a Collingswood, New Jersey workers’ compensation attorney.
Traumatic Injuries
Severe accidents can lead to traumatic injuries. Employees who suffer traumatic injuries often require emergency medical treatment. Whether it’s a fall, equipment malfunction, or other incident, you are still eligible for workers’ comp benefits.
Occupational Illnesses
Workplace exposure to hazardous substances or conditions can lead to occupational illnesses. Under New Jersey law (NJ Rev Stat § 34:15-31), occupational illnesses caused by harmful chemicals or dangerous working conditions are compensable claims. If your health has been compromised due to your job, our attorneys will help you navigate the workers’ compensation claims process.
Mental Health Conditions
Mental health is just as important as physical health. According to New Jersey law (NJ Rev Stat § 34:15-31), employees can seek workers’ compensation benefits for mental health conditions. If work-related stress, trauma, or other factors have led to mental health challenges, our Collingswood workers’ compensation lawyers are here to advocate for your rights and ensure you receive the support you need.
What Happens When Workers’ Comp Benefits End?
Benefits That Are Terminated
Employers and insurance companies are not permitted to arbitrarily terminate benefits. Instead, they can seek to terminate workers’ compensation benefits if employees fully recover from their injuries. Alternatively, employers and insurance companies can move to terminate benefits if employees disobey medical advice or fail to appear for medical examinations.
Benefits That Are Modified
Employers and insurance companies can seek to modify benefits under New Jersey law (NJ Rev Stat § 34:15-27). Benefits that are modified are reduced as opposed to terminated. To obtain a modification, an employer must prove an employee’s refusal to appear for a medical examination caused them to suffer prejudice.
Know The Signs Of A Petition For Modification
Certain things must occur before an employer can seek a modification. Specifically, your employer may be considering a modification if they place you under surveillance or demand further medical treatment. You should consult a workers’ compensation lawyer in Collingswood if you suspect your employer is considering modifying of your benefits.
Benefits That Are Suspended
Unlike a termination or modification, a suspension is when workers’ compensation benefits are paused. Under New Jersey law (NJ Rev Stat § 34:15-57.4), an employer can seek a suspension if they have evidence of fraud. Specifically, fraud means there are questions regarding how the accident occurred or your prior medical history.
How to Challenge Suspended Benefits
Challenging the suspension of workers’ compensation requires strong legal representation. To successfully challenge a suspension, you must present evidence that directly disproves any allegations of fraud. Stan Gregory’s legal team will help you gather the evidence you need to successfully challenge a suspension.
When Workers’ Compensation Is Reinstated
Even if you previously reached maximum medical improvement, you can move to reopen your workers’ compensation claim and reinstate your benefits. Specifically, you must present evidence that proves your injury has worsened. You only have two years from the date upon which you last received benefits to seek reinstatement.
Contact Stan Gregory For Workers’ Compensation Lawyers In Collingswood Today
If you were recently injured at work, do not hesitate to contact Stan Gregory. Our experienced workers’ compensation lawyers in Collingswood, New Jersey, are here to provide the legal guidance you need to secure your rightful compensation. Unlike other personal injury law firms, we are not afraid to battle powerful insurance companies.
Collingswood Workers’ Compensation FAQ
The workers’ compensation claims process can be complex and confusing. Employers and insurance carriers take advantage of this confusion and sometimes give misleading or incorrect information. Stan Gregory and his legal team have advised injured workers for over 20 years.
Does workers’ comp benefits have a limit?
What happens if my workers’ comp claim is only partially paid?
What happens if my employer does not have workers’ comp insurance?
Even if your employer lacks insurance, you still have rights. Specifically, you can still seek benefits from New Jersey’s uninsured employer’s fund. Our Collingswood, New Jersey workers’ compensation lawyers will guide you through the necessary steps to seek compensation.
Can I get both disability and workers’ comp at the same time?
How long before I get my workers’ comp payment?
Under New Jersey (NJ Rev Stat § 34:15-28), your employer has 60 days pay. If you do not receive payment within 60 days, you are entitled to interest. Our Collingswood, NJ, workers’ compensation lawyers will work diligently to expedite the payment process and ensure you receive your benefits as soon as possible.
What if my employer won’t file my claim?
Is there a statute of limitations for filing a workers comp claim?
Yes, there is a statute of limitations for workers’ compensation claims in New Jersey. Under New Jersey law (NJ Rev Stat § 34:15-51), you must file a claim within two years. This two-year time limit is strictly enforced, which is why it is essential to act quickly following a workplace accident.
Call for Your Free Workers’ Comp Consultation with Stan Gregory, Your Collingswood Workers’ Compensation Lawyer
If you think you are being undercut by your workers’ compensation insurance company and you are ready to fight to receive your due compensation, contact Stan Gregory, an experienced Collingswood workers’ compensation lawyer, for a free consultation at 609-281-5100.
Get the workers’ comp benefits you deserve. We can help!