Cherry Hill Workers’ Compensation Lawyer
While anyone can apply for workers’ compensation on their own, many find it helpful to work with an experienced workers’ compensation attorney who knows how to navigate the application process and appeal denied claims or approvals that do not reflect the true severity of the injury. Our experienced work injury lawyers at Jacobs, Schwalbe & Petruzzelli, P.C. are here to provide guidance and fight for your rights to secure the compensation you deserve.
What Is Workers’ Compensation Insurance?
Workers’ compensation in New Jersey is a state-mandated insurance program designed to provide financial and medical benefits to employees who suffer work-related injuries or illnesses. This no-fault system ensures that employees receive necessary support without the need to prove employer negligence, thereby facilitating a smoother recovery and return to work.
The program covers various aspects, including medical treatment, wage replacement, and rehabilitation services, helping injured workers maintain financial stability while recovering. Most businesses must carry workers’ compensation insurance, ensuring that all eligible employees are protected under this system. The New Jersey Department of Labor and Workforce Development oversees the administration of workers’ compensation claims, ensuring compliance with state laws and regulations.
What To Know About Eligibility
In New Jersey, most employees are eligible for workers’ compensation benefits if they suffer an injury or illness related to their job. This includes full-time, part-time and seasonal workers, with few exceptions, such as independent contractors. Eligibility begins from the first day of employment, and workers are covered regardless of fault. However, certain criteria must be met, such as the injury occurring while working on the clock and the employee reporting the injury within the stipulated time frame.
Important Workers’ Comp Rules in New Jersey
The laws and regulations for workers’ compensation are complex, but here are some key elements that everyone should be aware of:
- Mandatory coverage: New Jersey law requires employers, regardless of size, to have workers’ compensation insurance or have their own self-insurance that fills the role of workers’ compensation.
- No-fault system: As stated above, employees receive benefits regardless of who was at fault for the injury, ensuring quick access to necessary care and support.
- Time limits: Injuries should be reported to the employer within 14 days, and claims must be filed within two years from the date of injury or last payment of compensation.
- Dispute resolution: The Division of Workers’ Compensation handles disputes between employees and employers or insurers, offering mediation and formal hearings.
Benefits Offered by Workers’ Comp in New Jersey
The benefits come in different forms:
- Medical benefits: Coverage for all necessary and reasonable medical treatment related to the injury.
- Temporary total disability: Wage replacement benefits, typically two-thirds of the average weekly wage, for workers unable to work for more than seven days.
- Permanent partial disability: Compensation for workers who suffer permanent loss of function but can still work.
- Permanent total disability: Benefits for workers unable to return to any gainful employment due to their injuries.
- Death benefits: Financial support for dependents of workers who die as a result of a work-related injury or illness.
Understanding The Types Of Workplace Injuries
Workplace injuries usually fall into one of two categories:
- Acute injury: This is a sudden, traumatic event that occurs at work, such as an automobile accident, an accident involving tools or equipment, an explosion or a fall injury. Construction accidents typically fall under this category. Lifting injuries affecting health care workers and industrial workers are also sometimes sudden events. An injured worker is usually eligible for workers’ compensation benefits, including medical treatment and temporary disability benefits. In most cases, a worker is also entitled to a monetary award for permanent functional loss, affecting their working ability and/or their normal daily activities.
- Chronic or cumulative injury/illness: This category involves an occupational disease occurring over time, including repetitive stress injuries. Workers whose work activities have taken place inside moldy buildings may become disabled as a result of “sick building syndrome.” Exposure to asbestos dust could cause asbestosis or other pulmonary diseases after years of exposure. Exposure to carcinogens at work could cause serious or fatal illnesses as well.
Both examples are valid workers’ compensation cases – those triggered by traumatic, single-event injuries and those involving occupational stress and strain or diseases. The workers’ compensation lawyers at Jacobs, Schwalbe & Petruzzelli, P.C. help victims of both types of cases throughout the state of New Jersey and often take on extremely challenging cases.
Injured On The Job? Rely On A Work Injury Lawyer To Get The Compensation You Deserve.
Workers’ compensation claims are never simple. The workers’ compensation system is essentially an insurance program that comes with all the complexities of insurance. If you have been injured at work, your focus should be on getting better, and the last thing you want to have to do is deal with the complexities of the system.
Jacobs, Schwalbe & Petruzzelli’s, workers’ compensation lawyers have decades of experience working within this system. We can advise, guide, and represent you on all aspects of these claims. Call us today at 856-528-7991 or use our contact form to schedule your appointment.