Workers’ Compensation Lawyer Delran, NJ: Injury Advocates
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Delran Workers’ Compensation Lawyer
Dealing with a work-related illness or injury can be a very stressful experience. In addition to worrying about your health, you may also be concerned about how you’re going to make ends meet if you have to stay out of work. Fortunately, your work-related illness or injury may make you eligible for workers’ compensation in NJ. If you’re unsure whether or not you qualify, a workers’ compensation lawyer in Delran may be able to help you understand your rights.
Stan Gregory, Esq. is an experienced Delran workers’ compensation lawyer who has more than 20 years of experience dealing with workers’ compensation claims. With his expertise, he can assist you in filing a workers’ compensation claim and dealing with any issues that may arise along the way. Call The Law Office of Stan Gregory today to speak with a Delran workers’ compensation attorney about your claim
How Workers’ Compensation in NJ Works
Workers’ compensation in NJ is considered a “no fault” system. This means that the employee does not have to prove that the employer is at fault. Essentially, this means instead of attempting to collect damages through a civil lawsuit, employees can seek benefits through workers’ compensation. There is an exception, however, that allows employees to file a lawsuit against their employer if the employee was intentionally injured or made ill while on the job.
If you are injured on the job, the first thing you must do is inform your employer. The employer must then notify their insurance company who will in turn notify the state. Although legal counsel is not required by law in order to settle a workers’ compensation claim, working with a workers’ compensation lawyer is highly recommended.
Call Stan Gregory today to get more information on filing your workers’ compensation claim.
In the state of New Jersey, there are four types of workers’ compensation benefits.
The 4 Types of Workers’ Compensation Benefits in NJ
Medical Benefits
Employees who suffer from injuries or illnesses that require medical attention may be eligible for medical benefits. Through this workers’ compensation benefit, employees can receive necessary and reasonable treatment, hospitalization, and prescriptions. It’s important to note that the employer has the right to choose the employee’s treating physician. In the case of an emergency, an employee may choose their physician but they must notify their employer immediately.
Temporary Total Disability Benefits
The temporary total disability workers’ compensation benefit is designed to assist employees who have missed more than 7 days of work due to a work related illness or injury . 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.
Permanent Total Disability
Very severe work related illnesses or injuries may result in an employee being permanently unable to work. In these situations, the employee may be eligible for permanent total disability through workers’ compensation. This benefit is paid on a weekly basis and begins once temporary total disability ends.
Death Benefits
If you are the dependent of a worker who died from an illness or injury they sustained while at work, you may be eligible for workers’ compensation in NJ. The death benefit can cover up to $3,500 worth of funeral expenses.
Frequently Asked Questions About Workers’ Compensation in NJ
How long does workers’ compensation last in NJ?
In NJ, the amount of time a person can receive workers’ compensation depends on which benefit they are receiving.
- Temporary total disability benefits can last for up to 400 weeks.
- Medical benefits can last for the duration of medical treatment for the employees work related injury or illness.
- Permanent total disability can last for the employee’s lifetime.
- Death benefits can last up to 450 weeks; possibly longer if the deceased’s husband or wife does not remarry.
Who pays for workers’ compensation?
NJ state law requires employers’ insurance to pay workers’ compensation claims. Be mindful, however, that insurance companies always aim to side in their own interest. As a result, workers’ compensation claims may be denied or grossly underpaid. A workers’ compensation lawyer can work with you to ensure that you are paid in a fair and timely manner.
Who is eligible for workers’ compensation in NJ?
It’s important to remember that being injured or falling ill due to your job doesn’t automatically qualify you for workers compensation. Workers’ compensation is only available to people who are classified as employees. The groups below are not eligible for workers’ compensation in NJ.
- Freelance workers/independent contractors
- Unpaid volunteers
- Unpaid interns
- Sole proprietors with no employees