Workers' Compensation Lawyer in Merchantville
Being injured on the job can be a very stressful experience. Not only may you need medical treatment and time off work, but you may also be concerned about covering your expenses and/or losing your job. When your focus should be on getting better, the last thing you should be worried about is covering your bills. This is why employers are required to carry workers’ compensation insurance. Experienced Merchantville workers’ compensation lawyer Stan Gregory has been serving the Merchantville area for more than 20 years, and he has the skills to assist you through the entire workers’ compensation claim process. By working with a trusted workers’ compensation lawyer in Merchantville, you can ensure that your best interests are protected.
Call The Law Office of Stan Gregory today to speak with a workers’ comp lawyer and to get more information on filing your workers’ compensation claim.
An Overview of Workers’ Compensation in NJ
Typically when people hear the phrase workers’ compensation, they automatically think about workplace injuries. While it’s true that workers’ compensation may cover injuries sustained while at work, the laws of this system also protect people who are diagnosed with an illness due to the conditions of their job.
According to state laws, workers’ compensation in Merchantville is a no-fault system, which means that they are not responsible for proving that their employer was at fault. It’s also important to note that there are situations where you may still be able to receive workers’ compensation benefits even if your injury did not occur at your workplace. Workers’ compensation is designed to cover illnesses and injuries that occur while employees perform the “course and scope” of their required job duties. For example, if you are injured while making a delivery for work you may still legally be entitled to workers’ compensation in NJ.
If you’re unsure whether your situation can qualify for workers’ compensation, call Merchantville workers’ compensation lawyer Stan Gregory to discuss your unique situation.
The 4 Types of Workers’ Compensation Benefits in NJ
If your workplace injury or illness requires medical attention, you may qualify for medical benefits via workers’ compensation. Employers must pay for any necessary and reasonable treatment, hospitalization, and prescriptions for employees who are injured while working through the medical workers’ compensation benefit. The employer has the right to choose the employee’s treating physician.
Temporary Total Disability Benefits
The temporary total disability workers’ compensation benefit can assist employees who have missed more than seven 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.
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
Permanent partial disability benefits are for workers who sustain a permanent injury, including 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).
Very severe work-related illnesses or injuries could result in an employee being permanently unable to work. In these situations, the employee may receive permanent total disability benefits through workers’ compensation.
If you are the dependent (child or spouse) of a person who died from a workplace injury or illness, you may be eligible for workers’ compensation in NJ. 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 qualify as a dependent of the deceased based on NJ laws.
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NJ Workers’ Comp Lawyer Stan Gregory Represents Injured Workers Throughout NJ
Frequently Asked Questions About Workers’ Compensation in NJ
Is Filing a Workers' Compensation Claim Considered a Lawsuit in NJ?
If you file a workers’ compensation claim in Merchantville, you are not filing a lawsuit against your employer. Workers’ compensation is essentially insurance, and your employers’ insurance provider pays out the benefit. Even though workers’ compensation is not considered a lawsuit, a workers’ compensation lawyer can still assist you in handling your claim. If your claim is denied, a workers’ compensation lawyer can also assist you in appealing the decision.
Can I Be Fired for Filing a Workers' Compensation Claim in NJ?
Some people may be hesitant to file workers’ compensation claims out of fear they will be fired. NJ law prohibits employers from terminating employees for filing workers’ compensation claims and/or missing work due to a workplace injury or illness. However, keep in mind that an employee may be lawfully terminated if it is found that they filed a fraudulent workers’ compensation claim.
Who Is Eligible for Workers' Compensation in NJ?
It’s important to remember that a workplace injury or illness does not automatically mean that you are eligible for workers’ compensation benefits. Workers’ compensation is only available to those who are legally classified as employees. By law, the following groups do not qualify for workers’ compensation in NJ.
- Freelance workers/independent contractors
- Unpaid volunteers and/or interns
- Sole proprietors with no employees
If you are unsure whether or not you are an employee, workers’ compensation lawyer Stan Gregory can help you determine your classification.
Can Workers' Compensation Be Taxed in NJ?
In accordance with NJ state law, workers’ compensation benefits cannot be taxed.
Call Merchantville Workers’ Compensation Lawyer Stan Gregory
Dealing with any sort of legal issue can be intimidating for many people. You are not required by law to hire a workers’ compensation lawyer to handle your workers’ compensation claim, but it is highly recommended that you do so. Call Stan Gregory at (609) 281-5100 and trust that your workers’ compensation case is handled correctly.