New Jersey Workers Compensation Law Attorneys
When it comes to the successful resolution of your case, we not afraid to do the heavy lifting
American employers pay a steep price when work-related accidents cause injuries or illness. One estimate puts total weekly workers’ compensation costs for U.S. businesses at roughly $1 billion. Consequently, employers – and their insurance companies – review each claim thoroughly before awarding any benefits. If your claim has been denied, our lawyers will pursue all available options under New Jersey workers’ compensation laws.
New Jersey workers compensation laws: know the basics
If an occupational accident caused your injury or illness, your recovery should be your first priority. But you may have more immediate concerns. Who will pay your medical bills? How will you be able to support your family while you are unable to work? What will happen if you can’t go back to work?
The answers to these questions are fairly straight forward if your employer has workers’ compensation insurance. If that’s the case, you may be eligible for certain benefits in accordance with state laws. Here are some important things to keep in mind if you decide to file a workers’ compensation claim in New Jersey:
- Workers’ compensation is “no-fault” insurance – This means you can file a claim and receive benefits regardless of who is to blame.
- There’s a catch – Since this is a “no-fault” system, filing a workers’ compensation claim is the only venue to bring a claim for benefits. You are unable sue your employer in the State of New Jersey unless certain specific facts are present.
- Report your injury as soon as possible – In order to secure workers’ compensation benefits, letting someone in authority at your workplace know that you suffered a job-related injury is the first step.
- Be ready to take the initiative – Your employer must report your injury to their insurance company. However, you can file a claim yourself if it fails or refuses to do so.
- Benefits are not guaranteed – Your employer’s insurance company is allowed to conduct an investigation to determine if you are eligible.
- You can challenge the findings – If your claim is denied, you can retain the assistance of an attorney and pursue adjudication of the issues through the Division of Workers’ Compensation.
- There is a statute of limitations – If you were injured on the job and want to file a formal claim petition with the Division of Workers’ Compensation, you must do so within two years of either the time you were hurt or the time you received your last benefit. If you have a occupational exposure which led to an illness or injury and want to file a formal claim petition, you must do so within two years of the time you knew or should have known that the illness was related to your work exposure.
What if my company is uninsured?
State law mandates that New Jersey businesses have insurance to cover work-related illnesses and injuries. If an employer isn’t self-insured or doesn’t have traditional workers’ compensation coverage, the employee may still be eligible for certain benefits through the Uninsured Employers Fund. Requests for assistance through the fund are usually made in conjunction with a formal claim petition.
Call our New Jersey office for an honest assessment of your workers compensation case
At Lomurro Law, our New Jersey workers’ comp attorneys provide each and every client with a comprehensive assessment of their case. If your workers’ compensation claim has been denied, this evaluation will include a frank discussion about the options available to you under applicable state laws. Do not delay. Contact us online or call us at (732) 414-0300 to schedule your initial consultation today.