The construction accident lawyers at Rispoli & Borneo, PC have handled hundreds of workers’ compensation claims near Asbury Park, New Jersey. We understand how devastating a work related injury can be to an injured worker and his or her family. The Asbury Park workers’ compensation laws (N.J.S.A. 34:15-1, et seq.) are designed to provide an injured worker with certain benefits.
The benefits include:
- Medical Treatment: The employer or workers’ compensation insurance company is required to provide medical treatment to an injured worker. The cost of the treatment is paid 100% by the insurance company. However, the insurance company has authority to select the treating physician. If an injured worker treats with a physician other than the authorized treating physician, the insurance company will not be responsible for the cost of treatment.
- Temporary Disability Benefits: The employer or workers’ compensation insurance company is required to pay an injured worker 70% of his or her average weekly wage for the time missed from work because of the work related injury. An employee must be out of work for seven consecutive days before he or she is entitled to receive temporary disability payments.
- Permanent Disability: An injured worker can seek payment of permanent disability payments, as compensation for the percentage of disability caused by the work related injury.
- Death Benefits: When a work related accident results in a worker’s death, benefits are payable to the employee’s dependents. Benefits are paid weekly, at 70% of the deceased employee’s average weekly wage. In addition, the insurance company shall pay $3,500 in funeral expenses.
The construction accident lawyers at Rispoli & Borneo, PC are well versed in the rules that govern payment of medical and temporary benefits under the New Jersey Workers’ Compensation system. If all of the benefits owed to an injured worker are not paid in full, the lawyers at Rispoli & Borneo, PC can file a Motion for Medical and Temporary Benefits to force the insurance company to provide all of the benefits afforded under the law.
An injured worker is allowed to re-open a claim and seek additional treatment and/or additional compensation. If you were injured in a construction accident and settled your claim, the lawyers at Rispoli & Borneo, PC may be able to file an Application for Review and Modification of Prior Award in an effort to obtain additional benefits. Most often these benefits include additional treatment and additional compensation for the construction related injury. An injured worker only has two years to file such an application.
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