Workers' Compensation Lawyer Hamilton NJ: We Get You Paid
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Fighting For You: Workers' Compensation Lawyer Hamilton, NJ
If you’ve suffered an injury on the job or contracted a disease or illness from exposure or repetitive stress or strain at work, you need an experienced workers’ compensation lawyer in Hamilton Township, NJ. With over two decades of experience pursuing justice for the workers of New Jersey, Stan Gregory has the experience and skill to help injured workers like you get their due compensation.
Like any other type of business, insurance companies want to make a profit for their shareholders. The only way they do that is to collect premiums and deny, delay, or underpay workers’ compensation claims. Our Hamilton Worker’s Compensation Lawyer understands how insurance companies work and their tactics to turn a profit, which is why he has dedicated his career to fighting for New Jersey workers and their rights.
Insurance companies have a team of lawyers on their side – aren’t you entitled to legal representation too? There is no substitute for having a trusted and experienced workers’ compensation attorney by your side.
For a free consultation with a workers’ compensation lawyer in Hamilton Township, NJ, call the offices of Stan Gregory today. We accept cases on a contingency fee basis to minimize out-of-pocket costs to you.
When Should You Hire a Workers’ Comp Attorney in Hamilton, NJ?
Filing a claim for workers’ comp benefits can be complicated, confusing, and frustrating, especially when you’re not feeling your best. You should be spending your time and energy healing and recovering.
Let an experienced worker’s compensation attorney in Hamilton Township, NJ, help you prepare your case and represent you at hearings and in negotiations with the insurance company. Common scenarios where hiring a Hamilton workers’ compensation lawyer is beneficial include dealing with local employers, navigating local medical providers, and addressing common workplace hazards
What You Should Know About Workers’ Compensation Laws in Hamilton Township, NJ
New Jersey passed its workers’ compensation laws in 1911 which requires employers to carry workers’ compensation insurance. Under the workers’ compensation law of New Jersey, employees are entitled to benefits such as medical treatment, wage replacement, and permanent disability compensation to employees who suffer job-related injuries or illnesses.
It also offers death benefits to dependents of workers who die due to their employment. As workers’ compensation is a form of no-fault insurance, an employee is eligible for benefits if they suffer an injury while in the course and scope of their employment.
Steps to Take When You Suffer a Workplace Injury in Hamilton Township, NJ
If you’re injured at work in Hamilton, NJ, our workers’ compensation attorney advises you to follow these three steps:
Immediately Report the Incident
Report the incident or workplace condition that caused your injury as soon as you can to your employer or supervisor. Even if you’re uncertain you sustained an injury, report the accident or workplace exposure. Because some illnesses and injuries take time to manifest, the workers’ compensation claim process requires detailed documentation, and reporting the incident immediately helps support any future claims. New Jersey state law mandates you report an injury to your employer within 90 days from the time of your workplace accident.
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Visit a Doctor
You will need to see a doctor paid for by your employer first unless the Federal Employees Compensation Act (FECA) covers you. FECA allows you to see a doctor of your choice instead. The doctor’s report is critical for your case because it’s the document all parties will rely on to negotiate your due compensation. Our workers’ compensation lawyer in Hamilton, NJ, can counsel what types of evidence you should request from the doctor.
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File Your Workers’ Compensation Claim
Once the incident has been appropriately reported and you have obtained the doctor’s report and medical evidence, you are ready to file your workers’ compensation case. Our workers’ compensation attorney in Hamilton, NJ, can assist you to ensure your claim is accurate, complete, and compliant with the law. New Jersey’s workers’ compensation system is “no-fault,” meaning that an injured worker in Hamilton does not need to sue the employer or prove that the employer was at fault or otherwise negligent to receive workers’ compensation benefits. This can make the process more expedient and less negative for everyone involved.
Understanding Workers’ Compensation Benefits in Hamilton, NJ
If your claim is approved, the workers’ compensation benefits you may be eligible for in Hamilton, NJ, can inaIf your claim is approved, the workers’ compensation benefits you may be eligible for in Hamilton, NJ, can include:clude:
Lost Wages
The New Jersey workers’ compensation system ensures that your income is steady during your recovery by paying you 70% of your average weekly earnings each week until you recover or have reached Maximum Medical Improvement (MMI). Your total lost wages cannot exceed 75% of the Statewide Average Weekly Wage (SAWW), nor can it fall below 20% of it. Lost wages are applied from the date you start missing work to when you return.
Medical Expenses
Workers’ compensation benefits cover medical expenses you incur due to your illness or injury. Examples of commonly covered medical treatment expenses include hospitalizations, medical procedures, surgeries, physical and occupational therapy, and prescription drugs. It may also include modifications to one’s home or car to accommodate a disability. The coverage window for compensable medical expenses opens at the time of injury and closes when a doctor reports a full or partial recovery.
Temporary Partial Disability Benefits
You may be able to work at your former job but at reduced hours due to your condition. In that instance, you could be eligible for temporary partial disability benefits. This benefit reimburses an injured worker for two-thirds of the difference between previous earnings and current earnings.
Temporary Total Disability Benefits
Temporary total disability benefits are available to injured workers who cannot return to work until fully recovered. Injured workers can receive two-thirds of their regular income beginning as early as three days from being out of work due to the injury/illness. Payments end if you reach the maximum of 400 weeks of payments or when a doctor clears you to return to work.
Permanent Partial Disability Benefits
Permanent partial disability benefits are available if you are permanently disabled but can still work. Both scheduled and unscheduled disabilities can be covered. Examples of scheduled disabilities include visual or hearing impairments or the loss of limbs, while unscheduled disabilities, although more difficult to label, can include heart, lung, or back issues.
Permanent Total Disability Benefits
Permanent total disability benefits are available to an injured worker who can no longer work at their former job due to their disability. Even if a worker is able to perform some other type of work, if they can no longer perform their former job, they are eligible for permanent total disability. Loss of both arms and complete blindness are examples of permanent total disability.
Common Workplace Injuries Eligible for Hamilton Workers Comp
Amid the hustle of daily operations, workplaces can sometimes become the scene of injuries and illnesses. Recognizing and understanding the most common work related injuries in Hamilton is a pivotal step in preventing them, ensuring employees’ safety, and fostering a culture of health and well-being within the workplace. Our workers’ compensation law firm in Hamilton Township, NJ, has represented many clients with different types of work related injuries.
Occupational Illnesses
Occupational illnesses arise from long-term exposure to harmful substances or environments in the workplace. These medical conditions can severely impact an employee’s quality of life and ability to work. Some common occupational illnesses include:
- Respiratory Diseases: Constant exposure to dust, asbestos, vapors, and other harmful substances can lead to serious respiratory conditions, including chronic obstructive pulmonary disease (COPD) and asthma.
- Skin Conditions: Regular contact with chemicals, plants, and other irritants can cause various skin issues, ranging from mild rashes to severe chemical burns or dermatitis.
- Hearing Loss: Workplaces with high levels of noise, such as manufacturing plants and construction sites, contribute to noise-induced hearing loss if proper ear protection is not used.
Fractures and Lacerations
Jobs that require physical labor, such as construction and manufacturing, are particularly prone to workplace accidents that can lead to personal injuries like fractures and lacerations. These personal injuries can result from various workplace accidents, including:
- Falls: Slips, trips, and falls can lead to fractures, especially in environments where work is done at heights or where floors may be slippery.
- Machinery Accidents: The improper use or malfunction of heavy machinery can cause severe lacerations or even amputations.
Material Handling: Incorrectly lifting or handling heavy materials can lead to fractures and other musculoskeletal injuries.
Mental Health Trauma
The importance of mental health in the workplace has gained increasing recognition in recent years from employers and employees alike. Factors contributing to mental health trauma in the workplace include:
- Overwork: Excessive workloads and long hours without adequate rest can lead to burnout, stress, and anxiety.
- Harassment and Bullying: Toxic workplace environments where harassment or bullying occurs can have a profound impact on an employee’s mental health.
Traumatic Events: Employees exposed to accidents or violent incidents at work may experience post-traumatic stress disorder (PTSD).
Hamilton Township Workers’ Compensation Lawyer FAQ
Who Is Eligible for Workers' Compensation in Hamilton, NJ?
New Jersey’s “no-fault” workers’ compensation system covers almost all employees who work in the state, regardless of who’s at fault for the incident. This includes full-time, part-time, and seasonal employees who receive wages or salaries and have taxes deducted. Corporate officers are automatically covered, and sole proprietors and LLC members can elect to be covered.
What Should I Do After Being Injured At Work?
Avoid signing anything offered by your employer — especially a settlement — from your employer without first consulting with a workman’s comp lawyer in Hamilton Township, New Jersey. You may end up waiving your rights. If you have questions or concerns about your employee rights, contact a workers comp lawyer in Hamilton.
How to Prepare for a Workers Compensation Consultation in Hamilton
When meeting with an attorney about your workers’ compensation claim in Hamilton Township, it’s crucial to have all the necessary information ready to ensure a productive initial consultation. Be prepared to discuss the specifics of your workplace injury, including where and how it happened, as well as your job history prior to the injury.
You should also bring any of the following documents to your first meeting:
- Accident report
- Employment records (pay stubs, employee ID number, hire date, job title, and duties)
- Secondary employment information
- Paperwork and documents from your employer
- Initial medical treatment records
- Follow-up care and treatment records
- Medical bills
- Photos of your injuries
- Correspondence with your employer and insurers
- Witness names and contact details
Having these documents will help the Hamilton workers comp attorney understand your case better and fight for your rights effectively.
How Long Do I Have to File a Workers’ Compensation Claim in Hamilton Township, NJ?
In general, New Jersey law states that you have two years from the date of the injury or the date of the last compensation payment to file a claim. It is important that you speak with a Lawyer in Hamilton Township before this deadline, or you may not receive any compensation.
What is the process of filing a worker’s compensation claim in New Jersey?
Filing a workers’ compensation claim in New Jersey can be complicated. Before filing your workers’ compensation claim, New Jersey law requires you to provide written notice to your employer. After this, you, your employer, or your employer’s workers’ compensation insurance carrier must file a First Report of Injury form with the New Jersey Division of Workers’ Compensation within 21 days.
How long do I have to report a work injury in Hamilton Township, NJ?
New Jersey state law states if you are later than 90 days in reporting an injury or your employer hasn’t otherwise learned about the injury by then, you may not file a workers comp claim.
Does Hamilton, NJ Workers’ Compensation Have a Limit?
In New Jersey, the workers’ compensation system is designed to fully support workers who have been injured or have fallen ill due to their jobs. This support extends to cover all necessary medical treatments related to the work injury without imposing a cap on the amount that can be spent on medical care.
As long as the treatments, surgeries, medications, or rehabilitative services are deemed necessary for the worker’s recovery and are directly linked to the work-related injury, workers’ compensation will cover these costs.
It’s important to note that while there are no limits on medical treatment coverage, wage replacement benefits and permanent disability compensations are subject to state-defined maximums calculated based on the employee’s average weekly wage.
What Type of Injuries Does Workers’ Comp Typically Cover in Hamilton, New Jersey?
Workers’ compensation in New Jersey is extensive, covering a broad spectrum of injuries and illnesses that can arise from employment. This not only includes accidents that occur while on the job but also occupational diseases that develop over time due to exposure to hazardous conditions or substances at work.
Additionally, if an employee’s pre-existing condition is aggravated or exacerbated by their work duties or workplace environment, this, too, falls under the purview of workers’ compensation. The system ensures that any harm that can be directly traced back to employment or workplace conditions is eligible for compensation and support.
How Does an Injured Worker in Hamilton Know if They Have a Workers’ Comp Claim?
Determining whether you have a valid workers’ compensation claim in New Jersey starts with the origin of your injury or illness. If you’ve sustained an injury or developed a condition that is directly related to your job or workplace activities, you are likely eligible for a claim.
The critical first steps include reporting the injury or illness to your employer as soon as possible and documenting the circumstances surrounding the incident. It’s also wise to seek legal advice to navigate the claims process and ensure your rights are fully protected. Understanding and exercising your rights early can significantly impact the success of your claim.
Do I Have a Workman’s Comp Claim if My Injury Were Caused From a Pre-existing Condition?
New Jersey’s workers’ compensation system acknowledges that work can aggravate pre-existing conditions and provides coverage under these circumstances. The essential factor is demonstrating that the employment activities or conditions significantly contributed to the worsening of the pre-existing condition.
Documentation from medical professionals and evidence linking the aggravation to workplace activities are crucial in these cases. Workers with aggravated pre-existing conditions are encouraged to file a claim to seek benefits for their exacerbated condition, reinforcing the comprehensive nature of workers’ compensation coverage in New Jersey.
Get Legal Help From Our Hamilton Township Workers Comp Lawyers
The Law Office of Stan Gregory is deeply familiar with the hurdles that injured workers face during the challenging times after a workplace injury. Our legal team believes that every worker deserves quality representation to secure the support and compensation rightfully owed to them following a workers’ comp injury or illness.
If you or a loved one has been injured on the job in Hamilton Township, don’t hesitate to reach out to our workers’ compensation legal team.
Contact Stan Gregory today for a legal consultation with an experienced workers’ compensation attorney in Hamilton, New Jersey, and let us seek justice for you.