New Jersey Workers Compensation Attorney

New Jersey Workers Compensation Attorney

New Jersey Workers Comp

New Jersey Workers Compensation Attorney

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.

How Can a Workers’ Compensation Attorney Help You?

  • 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 attornies 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.

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. 

NJ Workers’ Comp FAQ’s

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 a 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
  • Replacement income
  • Costs for retraining
  • Therapy/ rehabilitation
  • Permanent injuries
  • Benefits to survivors of workers who are killed on the job

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, 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 do’s 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 continued health concerns may result in less 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. 

Understanding Workers’ Compensation Claims for Back Injuries

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. 

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. 

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 908-768-3884 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 worker’s compensation claim process.

What do I need to hire a worker’s compensation attorney for? 

When you are not sure where to begin with your worker’s compensation claim, hiring a worker’s 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. 

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 worker’s 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 depend 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 worker’s 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 worker’s 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 worker’s 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 worker’s compensation attorney that you can count on for legal assistance.