Injured On The Job? Rely On More Than 45 Years Of Workers’ Compensation Experience.
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 do is deal with the complexities of the system.
At Jacobs, Schwalbe & Petruzzelli, P.C., our workers’ compensation lawyers have decades of experience working within this system. We can advise, guide, and represent you on all aspects of these claims.
Let Us Answer Your Legal Questions
After a work injury, you probably have several concerns in addition to dealing with the actual injury. Below, we’ve answered some of the most common ones we receive from clients, and we also have answers to frequently asked workers’ compensation questions here.
How will this affect my job? Will I lose my job if I make a workers’ comp claim?
The law requires that companies carry workers’ compensation insurance for injuries that arise out of and during your employment. By law, companies cannot discriminate or retaliate against you for filing a workers’ compensation claim.
I want to go back to work, but I can only work part-time. Can my workplace give me part-time work if I can’t return to work full-time?
This is possible, but it will depend on a number of factors, including clearance from your treating physician and availability of part-time/light-duty work. If you are cleared for a partial return to work and do return, your temporary disability benefits would likely change/decrease accordingly.
A word of caution: any ambiguity in your work status or work eligibility can be an opportunity for your employer to take adverse action against you or violate your rights in some other way. That is why it is especially important to have an experienced attorney advocating for you and giving you case-specific guidance.
How will this affect my relationship with my boss?
Ideally, it shouldn’t impact your relationship at all, since workers’ compensation is a legitimate entitlement for those injured on the job. Unfortunately, not all employers see things this way. As mentioned above, your employer is prohibited from retaliating or otherwise discriminating against you for filing a workers’ comp claim, but, unfortunately, sometimes it does happen.
During our many years of practice, we’ve encountered numerous complex cases and helped clients deal with complications impacting their livelihoods, including returning to work and their relationships at work.
How much compensation can I get from a worker’s comp claim?
There are several potential sources of compensation in a worker’s compensation claim:
- Medical benefits;
- Temporary disability benefits;
- Permanent partial benefits;
- Permanent total benefits; and/or
- Death benefits
The types of benefits and the amount a worker receives depend on their unique circumstances.
Generally, the employer or the employer’s insurance carrier will cover all medical treatment and hospitalization expenses. In cases of temporary, permanent partial or permanent disability, workers can expect to receive 70% percent of their gross weekly wage for as long as the disability exists and they are unable to work. Death benefits are also 70% of wages paid to the worker’s dependents. The employer or insurance company is also responsible for up to $3,500 in the deceased worker’s funeral expenses.
Can I get worker’s compensation if I get in a car accident at work?
Yes, if the accident happened while the worker was performing their duties, running an errand related to work, or doing anything else work-related. In that case, they can file a worker’s compensation claim and would receive benefits.
Can people who work from home file for worker’s compensation?
Yes. Remote workers are entitled to seek the same benefits as on-site workers. Whether it’s carpal tunnel syndrome or a trip and fall over a laptop cord, anyone who gets hurt while performing their work duties can file a worker’s compensation claim in New Jersey.
Is there a time limit to file a worker’s compensation claim in New Jersey?
Yes. A worker’s compensation claim must be filed within two years of the worker’s injury or the date they received their last payment of compensation. The same time limit exists for occupational illnesses, but in these cases, it would be the date the worker found out about the condition and its relationship to their employment. Injured workers also have up to 90 days in which to report the injury to their employer, so it is best to inform your employer and/or consult with a lawyer as soon as possible.
Understanding The Types Of Workplace Injuries
Workplace injuries usually fall into one of two categories:
Acute injury: A sudden, traumatic event such as an automobile accident, an accident involving tools or equipment, an explosion or a fall injury occurring at work. 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 your working ability and/or your normal daily activities.
Chronic or cumulative injury/illness: 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 workers’ compensation cases – those triggered by traumatic, single-event injuries and those involving occupational stress and strain or diseases. Our workers’ compensation lawyers help victims of both types of cases throughout the State of New Jersey and often take on extremely challenging cases.
We Are Well-Versed In All Aspects Of Injury Law
In addition to workers’ compensation, our attorneys also practice in both personal injury law and federal social security disability law. While these three practice areas are distinct from one another, there is considerable overlap. Our expertise in all three areas means we often have insights and perspectives that other attorneys who only practice one of these areas might miss. We can help you maximize your options, such as pursuing a third-party liability claim and/or a social security claim in addition to workers’ comp benefits.
Our Work Typically Comes At No Cost To You – Contact Us Today
If we represent you, our attorney’s fees will be collected only if we obtain benefits for you at the conclusion of your case. In most cases, the workers’ compensation carrier is responsible for paying most of the counsel fee.
Discuss your workplace injury with an experienced workers’ compensation lawyer. All initial consultations are free. Call 856-528-7991 or send us an email to schedule.