Workers’ Compensation Attorney New Jersey
A New Jersey workers’ compensation attorney knows that men and women give a large part of themselves, and their life, to their jobs. In fact, nearly one-third of the average adult life is spent working. With such a huge amount of dedication, time, and investment put towards an occupation, it is naturally reasonable to expect to be taken care of in the event of an on-the-job injury or illness. As a New Jersey workers’ compensation attorney might explain to you, in New Jersey, there are laws that have been enacted so as to provide for injured and ill workers. However, it is common for workers’ compensation claims to be denied or underplayed as an attempt to pay less than what the injured person needs or deserves. Don’t let this happen to you. Call a New Jersey workers’ compensation attorney from Rispoli & Borneo for help.
At Rispoli & Borneo, we have been helping injured workers for decades. We won’t let your employer or the insurance company take advantage of you, and we have your back. Let us help you recover full compensation for your work-related illness or injury. Schedule a consultation with a New Jersey workers’ compensation attorney today.
Workers’ Compensation Attorney In New Jersey
- Report the Injury to Your Employer
- New Jersey Workers’ Compensation Infographic
- Common Problems With Workers’ Compensation Claims
- The Do’s and Don’ts: Successfully Navigating Worker’s Compensation
- NJ Workers’ Comp FAQs
- Do I Have a Workers’ Compensation Case?
- What might a workers’ comp claim cover?
- New Jersey Workers’ Compensation Claims FAQs
- How Can a New Jersey Workers’ Compensation Lawyer Help You
- Common Reasons Employers Reject Workers’ Compensation Claims
- Length of Time on Workers’ Compensation Benefits
- New Jersey Workers’ Compensation Attorney Google Review
- Workers’ Compensation Attorney Statistics
How Can a Workers’ Compensation Attorney Help
Helping You Make Smart Decisions
When you’ve been injured on the job, you may have lots of questions and few answers. It’s not easy to focus on your recovery and medical treatment while also having to take care of legal matters. A New Jersey workers’ compensation attorney can help by explaining the process to you one step at a time and answering all of your questions. At Rispoli & Borneo, P.C., we take care of the details of your case so you can rest and recover.
Protecting Your Rights
Sometimes, employers threaten or pressure employees to avoid filling out a workers’ comp claim. They may threaten to cut your hours or drop hints that they’re going to let you go if you file a claim. These actions are against the law. We can help you protect your rights and get the compensation you deserve and the medical care you need.
Assisting With Rejected Claims
It’s common for insurance companies to reject claims when the claimant doesn’t have a lawyer. Insurers do this because they think they can take advantage of your lack of legal expertise. The solution is to have a New Jersey workers’ compensation attorney by your side this time. Whether the rejection was because of an error in the application or a trick by the insurance company, your lawyer can help you file another claim the right way.
Gathering Evidence for Your Case
Sometimes, workers’ comp claims are rejected because of a lack of proof. It’s not enough to tell your side of the story; you also need evidence to prove your injuries. One of the main jobs of a New Jersey workers’ compensation attorney is to gather evidence in your case.
Our experienced attorneys can help you obtain the medical evaluations you need, schedule independent medical exams, gather medical records and interview qualified doctors. We can dig into your employer’s history to look for evidence of poor workplace conditions. We can request video footage, speak with eyewitnesses and get supporting statements from family members.
Negotiating a Settlement With the Insurance Company
Depending on the circumstances of your case, the insurance company may offer you a settlement. The first settlement offer is rarely fair. Many insurers try to get you to accept a lower amount than you deserve.
At Rispoli & Borneo, P.C., we help you evaluate your real needs in terms of ongoing medical costs, lost wages and effects of injuries on your ability to work later. In some cases, you can qualify for temporary or permanent disability compensation.
Report the Injury to Your Employer
If you are injured on the job, your first action needs to be getting medical treatment. Ideally, you should let your employer know as soon as possible that you were injured but taking care of yourself is your first priority. At the hospital or doctor’s office, you should inform the staff that you are there because of a work injury.
Once you are safe, you need to notify your employer. Do not expect that your conversation with a colleague is enough. You should go to a supervisor to report the injury. It’s a good idea to do this in writing, by email or text, to have documentation of when you reported your injury. You should do this as soon as possible, but typically you will have 14 to 30 days to notify your employer. However, you don’t want to wait to make this report if you don’t have to. Waiting can give your insurance provider an excuse to claim your injury wasn’t serious enough to act upon right away. However, if you’re concerned about retaliation from your employer, you may decide that it makes more sense to speak with a New Jersey workers’ compensation attorney before formally reporting your accident.
When to File For Benefits?
Generally, when you notify your employer, you will file for benefits. Each state has a statute of limitations regarding when you can file for benefits. For an illness that developed over time, you may have longer to file a claim.
If your employer doesn’t want to help you with your workers’ comp claim, you can contact your state department of labor to take the next steps to be compensated for your injury. In addition, you may want to contact a New Jersey workers’ compensation attorney to discuss any problems that may arise as the process unfolds.
If you have already submitted a claim and that claim has been denied due to a timing-related issue, you may still be able to appeal. It can be useful to discuss your situation with a New Jersey workers’ compensation attorney who understands which steps you will need to take to better ensure a successful appeal.
New Jersey Workers’ Compensation Infographic
Common Problems With Workers’ Compensation Claims
Below, you will find some of the most common issues that may arise during a workers’ compensation case that could threaten your ability to get benefits.
You did not get witnesses’ names.
If insurance is on the edge about giving you workers’ compensation benefits, securing the names of witnesses could be the thing that gets you these benefits.
Your injury is not considered a work injury.
In the event that your employer or their insurance company does not view your injury as a workplace injury, your claim could be considered to be invalid. When insurance is constantly looking to weed people out with this problem, it can throw out legitimate claims from people who were injured at work.
You reported the claim too late.
There is a statute of limitations for everything and that includes workers’ compensation. If you did not report your claim within the expected time (typically 30 days from the day you became injured) then the insurance company may choose to deny your claim.
You did not get medical attention.
One of the most important things you can do after your injury or illness is to seek medical attention. This will help you with the recovery process and it will also verify you were injured in the way you said you were when the insurance company starts asking questions. If you did not get medical attention, an insurance company may deny your claim.
Your employer did not follow the procedure.
In some circumstances, your employer may be the one holding up the process or causing the insurance company to deny your claim. If they did not follow the procedure or have not followed up with their insurance company, speak with your workers’ compensation lawyer right away about what to do.
Problems That Come Up With Workers’ Compensation
When you are dealing with an injury or illness that stemmed from (or was made worse from) your job, you want to do the reasonable thing and file a workers’ compensation claim so that you can receive benefits while you are unable to work. After all, that is why it is in place. However, workers’ compensation claims are fraught with problems and while it can be simple in some circumstances to successfully get these benefits, other times it can feel like the system is working against you. This is why it is to your benefit to work with a workers’ compensation lawyer who understands the process and can help you when difficulties arise.
The Do’s and Don’ts: Successfully Navigating Workers’ Compensation
Workers’ compensation can feel tricky and confusing to navigate, especially without legal assistance. Completing claims, and reports and attending medical appointments can start to feel overwhelming and stressful. While working through the process it is essential to keep in mind some important dos and don’ts.
Don’t Try to Handle Aggressive Or Retaliatory Employers Alone
An employer who is making threats or acting in a way that does not have your employment or personal health interests in mind is best handled through an attorney, such as Rispoli & Borneo, P.C. Emotions can run high in these situations and you want to ensure your case and voice are heard clearly. Hiring a New Jersey workers’ compensation attorney can help protect you.
Don’t Decide To Go Back to Work Prematurely
Going back to work before your doctor signs off on your work release is not advised! Your doctor and medical team will determine when, how and to what extent you can complete your former job responsibilities. For instance, your injury may not allow you to go back to doing your previous work and the doctor would indicate any restrictions. However, if your employer has other work available outside of your old job, you will likely need to return to this new work. Rispoli & Borneo, P.C. can provide additional advice regarding your return to work.
Don’t Close Your Claim Too Soon
You just want to be done with the whole workers’ compensation thing. It is understandable. However, failing to ensure you do not have any continuous health concerns may result in fewer overall benefits to you. Your New Jersey workers’ compensation attorney will be able to provide guidance regarding closing your claim.
Do Always Tell the Truth
This should go without saying, but exaggerating your injury, symptoms or any other surrounding detail is not a good idea. You should be as clear as you can regarding your symptoms and physical or mental limitations to ensure you obtain the proper care you need and deserve.
Do Report Your Injury and File a Claim as Soon as Possible
Timely reporting is essential for you and your employer to begin the process of getting you the help you need in order to begin your recovery and return to work. Reporting your injury promptly also lends support to your case and will help you while working with a New Jersey workers’ compensation attorney.
Do Follow All Medical Advice and Instructions
Throughout your claims process and visits with the doctor, your medical team will advise you on any home care, other medical interventions or therapy during your recovery. Your doctor will also be the one to decide when and how to release you back to work.
NJ Workers’ Comp FAQs
If you’ve been injured on the job, you can talk with a New Jersey workers’ compensation attorney to better understand what your options may be. Rispoli & Borneo has over 20 years of legal experience in getting successful results for clients in Union, Essex, and Middlesex counties, NJ.
Although you can technically file a workers’ comp claim on your own, it may be advisable to find out what a workers’ compensation attorney in New Jersey has to say. This might be especially important if your claim is anything less than straightforward.
Rispoli & Borneo offers free consultations to anyone who may not understand the process of filing for workers’ compensation. Please call us now to have your questions and concerns answered.
Although the process of filing workers’ comp is intended to be as easy as possible, many people run into complications and setbacks. Most likely, if you’ve been injured on the job, you want to get your workers’ compensation quickly and with very little effort. This is where it may be highly beneficial to have a New Jersey workers’ compensation attorney on your side. To help you understand these types of claims and the process, consider some of the most common questions and their general answers.
Do I Have a Workers’ Compensation Case?
Following an on-the-job injury illness, you might feel confused about where to begin. The following will help you to understand the process, as will consultation with a New Jersey workers’ compensation attorney.
Does Your Employer Have Workers’ Compensation?
In New Jersey, like most states, employers who employ over a certain number of people (usually 5) must have workers’ compensation insurance for their full-time and part-time employees, as well as, domestic workers, and in some cases, farmworkers. It is possible for volunteers, family members doing company work, and non-profit workers to also be eligible for workers’ compensation. Coverage for workers’ compensation should be posted somewhere at your job, and if your employer does not have this insurance, they could face problems from the state. Furthermore, you may be able to file a lawsuit against them. A good New Jersey workers’ compensation attorney can help you to understand this process if it is applicable to you.
Are You Eligible?
Not all employees will be eligible for workers’ compensation. For example, state and federal workers, as well as, railroad and maritime workers, may not be covered under state workers’ compensation programs. The same applies to independent contractors. There may also be other types of employees who cannot collect these benefits. If you are unsure whether or not you are eligible, call a New Jersey workers’ compensation attorney.
Should You Pursue a Third Party Claim?
Workers’ compensation benefits are essentially available so that you do not, nor can you file a personal injury claim against your employer, an employee, or an associate party. If a third party caused you harm, and this party is not related to your employer, it may be possible to file a separate personal injury claim. Examples of third parties may include subcontractors, vendors, or manufacturers.
If you believe you are entitled to workers’ compensation and would like to know more about the claims process, you have been denied, or you fear repercussions, please call a New Jersey workers’ compensation attorney now, from Rispoli & Borneo.
Do I need to report my accident?
Yes, if you intend to submit a workers’ comp claim. Whether you’ve been injured on the job or you developed an illness as a result of working, it must be reported to your employer within a certain time period. The sooner, the better. By missing this step you risk being denied for workers’ comp.
What if my employer doesn’t have insurance?
In general, most businesses are required to have workers’ compensation insurance. Some states have exceptions for smaller businesses. If businesses do not adhere to applicable laws, companies could be subjected to penalties in addition to paying for workers’ comp claims out-of-pocket.
Am I guaranteed to get workers’ comp?
Not necessarily. There are certain employees who are not eligible for workers’ comp claims. If your injury or illness did not happen at work, or if you cannot provide adequate proof of your injury, you may be denied. To find out whether or not you are eligible, please call a New Jersey workers’ compensation attorney today.
What might a workers’ comp claim cover?
Every state’s laws detailing what you may be able to collect will vary. In general, workers’ comp payments are modest and may cover:
Past, current, and prospective medical care from the injury or illness
Costs for retraining
Benefits to survivors of workers who are killed on the job
New Jersey Workers’ Compensation Claims FAQs
How Common Are Back Injuries in New Jersey?
Many workers experience back problems and pain as a result of on-the-job accidents. Back injuries are one of the most common reasons for workers’ comp claims in New Jersey. Here are some industries where workers frequently suffer back pain:
- Office jobs
- Warehouse jobs
- Construction jobs
- Health care and nursing jobs
- Transportation and driving jobs
- Factory and manufacturing jobs
- Cleaning jobs
Are these injuries covered by workers’ comp? Yes, but getting insurance companies to approve the claim isn’t easy. Having a New Jersey workers’ compensation attorney representing you is often necessary for success.
What Causes Back Pain at Work?
Often, chronic back pain is the result of repetitive strain injuries. If your employer requires you to carry heavy packages in your arms or assist with lifting, lowering, loading and unloading boxes, your back can eventually feel the pain.
Sometimes, back pain appears suddenly as the result of an accident, such as slipping and falling on a wet surface. Construction workers can hurt their backs if ladders or scaffolding collapse.
Heavy impacts can also produce severe back pain, such as when boxes fall off a shelf onto your back or neck. Compression injuries can cause life-changing injuries to the spinal cord. In all of these conditions, you should contact a New Jersey workers’ compensation attorney for advice on what steps to take next.
Why Is Proving Back Pain Claims Difficult?
One of the main challenges in workers’ comp cases for back pain is proving that the injury was caused at work. The insurance company may try to find evidence that your back got hurt somewhere. Investigators may look through your social media accounts to try to put together a false narrative and avoid paying.
Your New Jersey workers’ compensation attorney can gather the evidence needed to build a strong case. Here are some types of evidence that can help:
- Medical records
- Photographs of work areas
- Employment records
- Statements from coworkers that saw your accident or work environment
- Security footage
- Notes from the company doctor showing treatment for the specific injury at work
Fortunately, our team at Rispoli & Borneo, P.C. has a lot of experience with these specific cases. We can help you prove your injuries qualify for workers’ comp.
What About Pre-Existing Back Pain?
A pre-existing condition can make it harder for you to get compensation, but it’s not an impossible obstacle for a New Jersey workers’ compensation attorney. What you need to show is that the accident at work made your pre-existing back pain worse. Contact an experienced lawyer at Rispoli & Borneo, P.C. for trustworthy advice related to your case.
Is There a Statute of Limitations for Reporting Work Injuries?
Workers’ compensation claims can be complex because there are so many laws that govern the workers’ compensation system. Every state has its own specific rules. Your employer is required to post state-specific information about workers’ compensation benefits so that you understand your rights and responsibilities when you’ve been injured at work. However, consulting this information may not give you all the information you need to make a successful and timely claim. In general, if you’ve been injured on the job, it’s a good idea to speak with an experienced New Jersey workers’ compensation attorney from Rispoli & Borneo P.C. as soon as you possibly can to better ensure that you preserve your legal options. When you work with a New Jersey workers’ compensation attorney, you can receive specialized guidance, personalized attention, and a better chance of ensuring that your claim is completed properly and submitted on time.
What should l do after I get injured at work?
The first thing you need to do after suffering a workplace injury is to get medical attention. Get medical treatment right away so that a doctor can see what type of injuries you have and treat you immediately. After getting treatment, report the incident to your supervisor so that they are aware of what happened. Your supervisor will tell you what to do, so follow their directions and proceed with the next steps. They will explain how to file a workers’ compensation claim.
What forms do I need to fill out?
If you have been injured at work, you will need to fill out certain documents. The forms you fill out depending on what kind of injury you have. Find out what other forms you need to fill out by going to your employer and informing them that you intend to file a workers’ compensation claim. Make sure that you have awareness of all the forms that you must fill out. Missing an important document or form can result in your claim getting rejected. Make sure to communicate effectively with your employer so that you can communicate important updates.
Can I appeal the results of my claim?
For many people who file a workers’ compensation claim, they don’t get the results that they are hoping for. Some people have their claim denied or receive a much lower benefit amount then they expected. If you do not receive positive results, you can decide to appeal the decision. You can request a hearing or review of the decision and submit additional evidence that has not been previously considered. The appeals process can be difficult to go through. A New Jersey workers’ compensation attorney like one at Rispoli & Borneo P.C. can help you prepare a strong case for the appeal. For more information, discuss your case with a qualified workers’ compensation attorney that you can count on for legal assistance.
If you were injured while working, you should contact a New Jersey workers’ compensation lawyer from Rispoli & Borneo, P.C. Getting an injury at work may seem like a hopeless situation, especially if your financial situation is tight. Luckily, in the United States, almost all employees are protected by the workers’ comp system. If you were injured as a result of doing your job, then chances are incredibly high that you will have your medical bills compensated in full. Learn more about the protection that comes from this system from a workers’ compensation lawyer New Jersey employees trust.
What Is Covered?
Workers’ comp can cover all financial losses that result from the injury if it happened while you were working. This includes:
- Medical bills
- Lost wages
- Miscellaneous expenses
- Loss of earning ability
- Essentially, if you had an expense because of the injury, then it will be compensated. The system is quite generous with what is considered connected to the injury. The goal is to return you to the financial state you were in before the injury.
However, workers’ comp does not cover non-financial damages. For instance, a personal injury lawsuit usually compensates a victim for emotional trauma and physical suffering. This is not something that workers’ comp covers.
Who Is Covered?
There are two requirements for your injury to be covered by workers’ comp:
- You must be an employee.
- The injury must have happened while working.
- The term “employee” refers to a specific kind of worker. The definition is complicated, but there is an easy way to know for sure whether or not you are an employee. If your employer withholds a portion of your paycheck for taxes, then you are an employee. Unpaid volunteers, contractors, and freelance workers are not covered by workers’ comp.
The second requirement is that the injury must have happened while working. Essentially, if the injury was the direct result of actions you or a co-worker took to benefit the company, then it qualifies. Injuries that result from inaction are also covered, as are injuries resulting from simply being in a dangerous environment for work. It does not matter who is “at fault” for the injury. You can be compensated by workers’ comp even if the injury was your fault. To see if you would be covered, you can go over the details of the accident with your New Jersey workers’ compensation lawyer.
Non-Traditional Workplace Accident Scenarios
Most of the time, we think of workplace accidents occurring on company property during the workday. This is the most common scenario, but not the only type of accident/injury that is compensable. Many work-related accidents can and do occur outside of the traditional workspace and an experienced New Jersey workers’ compensation lawyer can help you secure any benefits you may be entitled to as a result of such an accident. Here are some lesser-known scenarios to be aware of:
Car accidents: If you are a commercial driver or otherwise traveling for work, you are likely eligible to receive workers’ compensation benefits after being involved in a car accident. In most cases, injuries sustained while commuting to and from work are not covered because they occur off the clock. But even this rule has exceptions.
Some commuting accidents: Let’s say your boss asks you to pick up coffee for her before you come in tomorrow morning. If you get into an accident while performing a task requested by your employer, that is usually compensable. Also, if you must travel between several work sites in one day, injuries sustained between work sites are typically compensable. Finally, if you are on a business trip, you are essentially considered “on the clock” the entire time, and therefore, covered for any injuries that occur.
Working from home: Remote work has become very popular for workers whose jobs are primarily online or who can otherwise do their work from anywhere. If you suffer an accident or injury while working from home, it may be considered compensable. However, these cases tend to receive much more scrutiny, so you should work with an experienced workers’ compensation attorney when filing your claim.
Why Hire an Attorney?
You are not legally required to hire an attorney when filing or appealing a workers’ compensation claim. The system was originally designed to protect employers from litigation while making it easier for injured employees to receive compensation. Unfortunately, the system tends to be biased in favor of employers and workers’ compensation insurers. Therefore, many workers find it very helpful to have an experienced New Jersey workers’ compensation lawyer advocating on their behalf.
A New Jersey workers’ compensation lawyer from Rispoli & Borneo P.C. can help you:
- Understand your legal rights and obligations
- Ensure that you comply with reporting and filing requirements
- Help you file a strong claim documented by evidence
- Represent you throughout the appeals process if your initial claim is denied
- Ensure that you do not face retaliation or wrongful termination because you filed a workers’ compensation claim (this is illegal)
How Can a New Jersey Workers’ Compensation Lawyer Help You
There are several ways a lawyer can help you out with your workers’ compensation claim. Accidents at work can be pretty common such as a broken arm from a fall off a ladder, a back injury from lifting heavy boxes, or carpal tunnel syndrome because of years of typing. A New Jersey workers’ compensation lawyer can help you by working with your claim and working towards compensating for the injuries that you have endured from work or from an accident that happened at work.
You could be owed for the medical bills, future medical needs, and/or lost wages while you were out of work because of your injuries. There is a lot for you to lose and you shouldn’t have to go through stress and uncertainty because of an accident that occurred at your workplace.
Workers’ compensation laws can permit workers who have been hurt on the job to receive multiple benefits, depending on the injury. Those include:
Permanent total disability benefits
Permanent partial disability benefits
Temporary partial disability benefits
Wage reimbursement benefits
Vocational rehabilitation benefits
When working with a workers’ compensation lawyer they will help you better understand the legal process and figure out a goal that best suits your needs. A skilled workers’ compensation lawyer’s goal is to help victims of a workplace injury or illness and to pursue the compensation and benefits that they deserve. Workers’ compensation lawyers are also available to get competent medical care for those victims that have been injured on the job.
A lawyer will know how to navigate your claim in the best possible way so that you can receive compensation and benefits for your medical costs, lost wages, or mental distress. Hiring a New Jersey workers’ compensation lawyer puts you in a strong position to receive what you are owed without increased stress and having justice served.
Hiring a lawyer means that you will have a seasoned professional who will fight and defend you on your behalf. You will have a skilled resource who is familiar with workers’ compensation laws and what needs to be taken care of so that you can receive those benefits that you are owed.
Many employers and their insurers try to escape the responsibility for the injuries that an employee incurred while at work. A workers’ compensation lawyer will understand the legal process and will be able to facilitate communication with medical and insurance staff, offering advice on how to fill out crucial paperwork, and guidance and clarification throughout legal processes. A lawyer will be available to you to protect your best interests at all times.
A lawyer will help you settle your workers’ compensation cases especially if an insurance adjuster fails to resolve your case. An employer will most often be more concerned for their welfare, so it is crucial to have a trustworthy workers’ compensation lawyer who will keep your goals and best interests in mind throughout the entire process. To achieve the best course of action and to increase your opportunities at achieving the best outcome in your claim means consulting with a workers’ compensation lawyer.
It is important to note that if your employer has workers’ compensation coverage, New Jersey law considers this to be the “exclusive remedy” after a workplace accident. That means you are barred from suing your employer over your injuries. Therefore, it is very important to ensure that you receive the workers’ compensation benefits you need and deserve. Working with an experienced New Jersey workers’ compensation lawyer is often the best way to achieve that aim.
In nearly all cases, it is very clear whether an injury is work-related or not, but there are rare instances where this can be disputed. If you think you qualify for workers’ comp but you have been denied or your employer refuses to file for it, then you should hire a workers’ compensation lawyer in NJ immediately. If you cannot receive workers’ comp, then you may be able to file a lawsuit against the responsible individual. For more information, speak with a trusted workers’ compensation lawyer in New Jersey from Rispoli & Borneo, P.C.!
Common Reasons Employers Reject Workers’ Compensation Claims
When you file a workers’ compensation claim after getting injured at work, you expect your employer to approve. Unfortunately, that does not always happen that way. As a New Jersey workers’ compensation lawyer can confirm, employers can deny workers’ compensation claims for many different reasons, including:
- You did not notify your employer soon enough. In the state of New Jersey, you must report your work injury to your employer within 14 days. If you wait too long to tell your employer about your work accident, you may no longer be eligible to receive benefits.
- You did not seek prompt medical care. If you intend to file a workers’ compensation claim for an injury you endured at work, it is critical to see a doctor right away. A doctor will evaluate your injuries and recommend the appropriate treatment. If you do not see a doctor promptly, your employer may deny your claim.
- Your injury did not occur at work. In order to receive benefits for an injury, your injury must have occurred while you were working. If you technically did not suffer the injury while you were on the clock, you may not get benefits. For instance, if you suffered a slip and fall accident while you went to a restaurant on your lunch break, your employer may reject your claim.
- You were under the influence of drugs or alcohol. Employers do not factor in fault when deciding whether to approve your claim. However, if your employer discovers that you were under the influence of drugs or alcohol at the time of your accident, your claim will be rejected.
- Your injury resulted from a preexisting condition. If your employer has reason to believe that your injury is actually due to a preexisting condition, your claim could get denied. For instance, if you hurt your back from a slip and fall accident at work and your doctor discovers that you also hurt your back in a car accident several years ago, it could complicate your case. The insurance company may argue that the back injury stems from a car accident.
- You did not see an approved medical provider. If you’ve been injured at work, your employer will likely require you to see a specific doctor. If you got treated by a doctor of your choosing, your workers’ compensation claim could get denied.
Length of Time on Workers’ Compensation Benefits
When you are filing for workers’ compensation benefits, one of the questions you may have is this: how long will I be on workers’ compensation benefits? The truth is, each case is going to be different because each person will have a different set of injuries. A person who slipped and hurt their ankle may return to work in a week if they have a desk job. A person who is working with machinery every day and loses their arm in a terrible accident may be on leave for months, or longer, depending on rehabilitation. Below, you will find out more information on the different types of leave with workers’ compensation.
What if the doctor states that I now have a long-term disability?
Unfortunately, there are many accidents that can leave a person disabled in some way, whether it is temporary or permanent.
If a doctor states that you have a temporary total disability, you could receive workers’ compensation benefits for a maximum of 400 weeks. Temporary total disability will end when you are able to return to your job, when you have improved fully (according to the doctor), or when you have maxed out 400 weeks.
If a doctor states that you have a permanent partial disability, you can receive up to 600 weeks maximum of workers’ compensation benefits. If you get a diagnosis of a permanent total disability, you could potentially receive benefits for the rest of your life.
What exactly does this mean?
This means that if you are severely injured, your workers’ compensation benefits could pay for any medical expenses related to your injuries and they could help to cover a portion of your income during the period you are unable to return to work.
My boss says they do not have workers’ compensation benefits. What am I supposed to do?
If your boss is telling you that you do not have workers’ compensation benefits, they may be lying so that you do not file a claim. If your employer truly does not have workers’ compensation benefits, they could face expensive fines in addition to facing criminal charges. It is important to understand your employee classification (employee, contractor, etc.) and speak with your lawyer if your employer is claiming they do not have workers’ compensation benefits. When you face any roadblocks in your workers’ compensation case, it is always best to speak with your lawyer before moving forward.
The legal firm of Rispoli & Borneo, P.C. has successfully represented many workers’ compensation cases. Contact Rispoli & Borneo, P.C. today to speak with our New Jersey Workers’ Compensation lawyer for a free initial consultation.
New Jersey Workers Compensation Lawyers
When it comes to workplace injuries, many employees don’t understand their rights. Workers’ compensation benefits are something that most employees are entitled to regardless of fault. If you were recently injured on the job, you’ll want to explore your workers’ compensation coverage with the assistance of an experienced New Jersey workers’ compensation lawyer as soon as you can. The sooner you set a claim in motion, the sooner you can begin receiving checks in the mail.
What Should Someone Do After an Injury?
If you are injured on the job, it’s your responsibility to report that injury to your employer. You should also seek medical attention right away to avoid the worsening of your issue. After you have taken care of yourself, you should look into workers’ compensation and find out how to file a claim. If you are unsure how to take those steps, never hesitate to connect with a New Jersey workers’ compensation lawyer for assistance. Also, if you’re concerned about suffering retaliation, demotions, etc. as a result of filing a claim, speak to a New Jersey workers’ compensation lawyer immediately, even if you’re too anxious to report your accident to your employer. After you’ve spoken with an attorney, you’ll be able to make an informed decision concerning how to proceed.
Workers’ Compensation: When It May Have Been Your Fault
An injury at work can mean a couple of things. For one, it may not be that serious. Maybe you knocked your leg against an open cabinet door or bruised your hip on the way to the cafeteria. In some instances, a small injury likely is not worth filing a workers’ compensation claim. However, if you were more seriously injured at work and are struggling to recover from a possible broken bone, neck injury, or another more serious injury, you should reach out to the New Jersey workers’ compensation attorneys at Rispoli & Borneo P.C., to see how we can help. Especially if you are concerned that the accident that took place might be your fault instead of your employer’s fault, you might be wondering if you can even receive workers’ compensation benefits.
Can you still file if it is your fault?
Absolutely. In fact, workers’ compensation is considered to be a “no-fault” system, which means that even if it is not directly your employer’s fault that an injury occurred, you can still file for workers’ compensation benefits. So, even if the accident occurred because of something you did or because of something another employee did, you should not worry about whether you have the right to file for benefits. We can examine this using the example above. If your co-worker left a file cabinet drawer open that was low to the ground, you did not see the drawer and subsequently tripped and broke your wrist, you could file for workers’ compensation. While the entire scenario was an accident and no one intended for you to get hurt, you can still receive benefits so that you can pay your medical bills and potentially even recover money for the time you had to take off of work. New Jersey workers’ compensation attorneys from our firm can explain this to you in further detail during a consultation.
What if a co-worker and I were messing around?
This is where there may be an exception. “Horseplay” is one of the few situations where your employer’s workers’ compensation benefits may not cover your injuries. If you and another employee were joking around at work and you became injured, it is possible that your employer’s benefits will not cover any workers’ compensation and you will be required to pay out of pocket. Depending on the state and your employer, there may be different rules regarding whether the workers’ compensation benefits will cover some of your injuries from the accident, but you will need to speak with your trusted New Jersey workers’ compensation attorneys from Rispoli & Borneo P.C., to gather more information. It may be worth filing regardless and even appealing a claim denial depending on the circumstances surrounding the accident.
Workers’ Compensation Attorney Statistics
According to the Insurance Information Institute, in 2020 there were 135,572 workers covered by workers’ compensation to the tune of $58.9 billion. When you are not sure where, to begin with your workers’ compensation claim, hiring a workers’ compensation attorney is beneficial because they can guide you so that you are more likely to get the monetary benefits you are entitled to. Some companies intentionally make it difficult for workers to actually go through the application process and receive their benefits. A lawyer can assist you through the process and protect your rights so that you can get the full amount that you deserve. They will review your claim for accuracy and maximize your benefit amount.
I cannot afford a lawyer, should I still call Rispoli & Borneo?
You risk nothing when you call a New Jersey workers’ compensation attorney, such as Rispoli & Borneo. We may discuss your claim and let you know what your options are. These claims are often based on contingency which means you don’t pay anything unless we collect your compensation for you.
To schedule a free consultation with a New Jersey workers’ compensation attorney from Rispoli & Borneo P.C., please call or contact Rispoli & Borneo, P.C. today for a free initial consultation.
The consequences of a work-related injury can be overwhelming to handle, as a New Jersey workers’ compensation attorney can tell you. When you have sustained injuries as a result of a workplace accident, you may not be able to return to work for a long time. You could miss weeks or months. With expenses like medical treatment that you have to pay off as well, your hardship may worsen even more. Obtaining legal assistance from a firm like Rispoli & Borneo P.C. can give you peace of mind as you go through the workers’ compensation claim process.
Specific Laws Related To New Jersey Workers’ Compensation
Workers’ compensation is a system of insurance that provides benefits to employees who are injured or become ill on the job. In New Jersey, all employers are required to have workers’ compensation insurance, and employees are not required to prove fault in order to receive benefits. There are a number of specific laws that relate to workers’ compensation in New Jersey. It is important to be aware of these laws if you have been injured or become ill at work.
New Jersey Workers’ Compensation Act
The New Jersey Workers’ Compensation Act is the primary law that governs workers’ compensation in New Jersey. The Workers’ Compensation Act sets forth the benefits that are available to injured or ill workers, as well as the procedures for filing a workers’ compensation claim.
Benefits Available To Injured Or Ill Workers
Under the New Jersey Workers’ Compensation Act, injured or ill workers are entitled to the following benefits:
- Medical expenses: Workers’ compensation will pay for all reasonable and necessary medical expenses related to a work injury or illness. This includes the cost of doctor’s visits, hospital stays, surgery, and prescription drugs.
- Lost wages: Workers’ compensation will pay for lost wages if an employee is unable to work due to a work injury or illness. Lost wage benefits are typically equal to two-thirds of an employee’s average weekly wage.
- Disability benefits: Workers’ compensation will pay disability benefits if an employee is permanently disabled due to a work injury or illness. Disability benefits are typically equal to two-thirds of an employee’s average weekly wage, and they may be paid for life.
- Death benefits: If a worker dies as a result of a work injury or illness, their dependents may be eligible for death benefits. Death benefits are typically equal to two-thirds of the worker’s average weekly wage, and they may be paid for life.
Filing A Workers’ Compensation Claim
To file a workers’ compensation claim, an injured or ill worker must notify their employer of their injury or illness within 30 days. The employee must then file a claim with their employer’s workers’ compensation insurance carrier. The insurance carrier will investigate the claim and decide whether to accept or deny it. If the insurance carrier accepts the claim, it will begin paying benefits to the employee. If the insurance carrier denies the claim, the employee can file a petition with the New Jersey Division of Workers’ Compensation.
New Jersey Workers’ Compensation Attorneys
If you have been injured or become ill at work, it is important to contact an experienced New Jersey workers’ compensation attorney. A workers’ compensation attorney can help you file a claim and protect your rights.
Rispoli & Borneo P.C.
Rispoli & Borneo P.C. is a leading law firm in New Jersey that specializes in workers’ compensation. We have a team of experienced workers’ compensation attorneys who can help you get the benefits you deserve. If you have been injured or become ill at work, contact us today for a free consultation. The workers’ compensation system can be complex, and it is important to be aware of the specific laws that apply. Again, If you have been injured or become ill at work, contact an experienced New Jersey workers’ compensation attorney to help you file a claim and protect your rights.
Here are some additional specific laws related to workers’ compensation in New Jersey:
- Coverage: All employers in New Jersey are required to have workers’ compensation insurance, regardless of the size of the company or the number of employees.
- Exclusions: There are a few limited exclusions from workers’ compensation coverage, such as domestic workers and casual employees.
- Notice: An injured or ill worker must notify their employer of their injury or illness within 30 days.
- Filing a claim: An injured or ill worker must file a claim with their employer’s workers’ compensation insurance carrier within two years of the date of the injury or illness.
- Benefits: Injured or ill workers are entitled to a variety of benefits, including medical expenses, lost wages, disability benefits, and death benefits.
- Disputes: If an employer or insurance carrier denies a workers’ compensation claim, the employee can file a petition with the New Jersey Division of Workers’ Compensation.
Rispoli & Borneo P.C. New Jersey Workers’ Compensation Attorney
New Jersey Workers’ Compensation Attorney Google Review
“I am very appreciative of the legal counsel and support provided by Mr. Michael Borneo. He remained on top of my legal concern and was always very reachable to consult any issue or address concerns and questions I had. I highly recommend his services as you will find him reasonably prices but very knowledgeable of the legal system in NJ courts. He was very understanding and supportive during the entire process, and provided me with appropriate advice on how to proceed with my concern.” – David V.
Call the leading New Jersey workers’ compensation attorneys from Rispoli & Borneo P.C. today.
If you were injured at work but are unsure of whether your employer’s workers’ compensation benefits will cover your injuries, do not hesitate to contact our New Jersey workers’ compensation attorneys to see what we can do for you.