Why hire a Long Branch NJ workers compensation lawyer? Tens of thousands of employees are injured at work every year in New Jersey. If you were injured at work, you may be entitled to workers’ compensation benefits, which include medical treatment, temporary disability payments and a permanency award. An injured worker is not required to prove that his/her employer was negligent or caused the injury. In addition, an employee cannot be fired for filing a workers’ compensation claim.
The Long Branch NJ workers compensation lawyers at Rispoli & Borneo, PC have handled hundreds of workers’ compensation claims. We understand how devastating a work related injury can be to an injured worker and his or her family. We understand the Workers’ Compensation laws and the special Court system set up to handle Workers’ Compensation claims. Do not face the challenge of a work related injury alone. Contact the experienced workers’ compensation lawyers at Rispoli & Borneo, PC today.
The New Jersey workers’ compensation laws (N.J.S.A. 34:15-1, et seq.) are designed to protect injured New Jersey workers from the potentially devastating effects of a work related injury. To that end, the law provides an injured worker with certain benefits.
The benefits include:
- Medical Treatment: The workers’ compensation insurance company is required to provide reasonable and necessary medical treatment to an injured worker. The cost of the treatment is paid 100% by the workers’ compensation 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. If the insurance company denies treatment, a Motion for Medical and Temporary Benefits can be filed on behalf of the injured worker. This allows the issue to be considered by a Workers’ Compensation Judge.
- Temporary Disability Benefits: The 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. If the insurance company fails to properly calculate an employee’s average weekly wage or fails to pay temporary disability benefits, our lawyers can file motions and negotiate with the insurance company to get an employee paid in full.
- Permanent Disability: If an injured worker suffers a permanent impairment, he/she can seek payment of permanent disability payments These payments are meant to compensate an injured employee for the percentage of disability caused by the work related injury. As experienced workers’ compensation attorneys, we find that this is the benefit most often not paid by the insurance company.
- 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 spouse of a deceased employee is entitled to payment for life, so long as the spouse does not remarry.
The Long Branch NJ workers compensation attorneys 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 attorneys 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. The attorneys at Rispoli & Borneo, PC have negotiated Permanent Disability Benefits (settlements) on behalf of hundreds of clients.
The New Jersey Workers’ Compensation law allows an injured worker to re-open a claim and seek additional treatment and/or additional compensation. An injured worker has two years to file a re-opener claim. The two year time period begins to run when the insurance company issues the final settlement check. If you were injured and settled your claim within the last two years, the experienced workers compensation attorneys 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 work related injury.
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