Workers' Compensation Lawyer in Florence
If you’ve been injured on the job in Florence, the last thing you want to think about is the process of dealing with a workers’ compensation claim. After all, any kind of legal matter can be very intimidating. Fortunately, an experienced workers’ compensation lawyer in Florence, NJ can help you through the process so you can focus on your recovery. Florence worker’s comp lawyer Stan Gregory, Esq. has over 20 years of experience handling workers’ compensation claims throughout South Jersey. With his assistance, you can feel confident that your best interests are being considered.
Call The Law Office of Stan Gregory today to discuss your claim with a workers’ compensation lawyer serving Florence and find out what your rights are.
How A Florence Workers’ Compensation Lawyer Can Help You
When filing a workers’ compensation claim it’s important to know what your rights are under local laws. NJ law does not require employees to seek legal services when filing workers’ compensation claims. However, hiring a workers’ compensation lawyer is highly recommended to ensure that everything goes as smoothly as possible. Attempting to handle the entire process 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 with the next steps.
Types of Workers’ Compensation Benefits in NJ?
Workers’ compensation laws in NJ offer several types of workers’ compensation benefits. Which benefit(s) you qualify for will depend on the specifics of your injury and how long you need to be out of work.
Employees who suffer workplace injuries or illnesses that result in medical attention may qualify for medical benefits via workers’ compensation. This benefit legally requires employers to pay for all necessary medical treatment, prescriptions, and hospitalizations that the employee needs due to their workplace injury. However, employees should keep in mind that employers have the right to select the employee’s treating physician.
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.
Permanent Total or Partial Disability Benefits
Some workplace injuries leave employees partially permanently disabled. These injuries are broken into two types of benefits: permanent total disability and permanent partial disability. 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).
Permanent total workers’ compensation benefits may be given to employees whose injuries are so severe that they will never be able to work again.
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 Florence. This benefit is paid at 70% of the weekly wage of the deceased worker. Death workers’ compensation benefits cannot exceed the maximum benefit amount established annually by the Commissioner of Labor. The death benefit can also cover funeral expenses of up to $3,500.
A workers’ compensation lawyer will be able to help you determine whether you are legally considered a dependent of the deceased based on NJ laws.
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NJ Workers’ Comp Lawyer Stan Gregory Represents Injured Workers Throughout NJ
Questions About Workers’ Compensation Benefits In NJ
Is Filing a Workers' Compensation Claim Considered a Lawsuit in NJ?
Many employers are concerned about whether or not filing a workers’ compensation claim equates to filing a lawsuit. The answer is no. By filing a workers’ compensation claim, you are in no way suing your employer. 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?
If you’ve filed a workers’ compensation claim, you don’t have to worry about losing your job. 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. Legally, however, an employee may be terminated for filing a fraudulent workers’ compensation claim.
If you have additional questions about the specific legalities of filing a workers’ compensation claim, call Stan Gregory to learn more.
Who is Eligible for Workers' Compensation in NJ?
When it comes to workers’ compensation benefits, the law interprets a ‘worker’ to be someone who is classified as an employee. This means that if you are a freelancer/independent contractor, unpaid volunteer or intern, or a sole proprietor without any employees, you are not legally eligible for workers’ compensation benefits.
A workers’ compensation lawyer can help you understand whether you are legally classified as an employee.
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 a claim.
If you are injured on the job, you should notify your employer immediately. Your employer is legally required to notify their insurance company who will then notify the state. Your employer may face legal consequences if they don’t report the incident in a timely manner.
Call Florence Workers’ Compensation Lawyer Stan Gregory
If you live in the Florence area and have been injured or fallen ill while at work, seeking the help of a local workers’ compensation lawyer is important. Call Stan Gregory at (609) 281-5100 to schedule a free consultation to discuss your workers’ compensation claim.