In most instances, under New Jersey law, when you are hurt on the job, your right to recovery is limited to the benefits available under a workers\u2019 compensation claim. With limited exceptions, your employer must participate in the workers\u2019 compensation system, paying premiums to a workers\u2019 compensation insurance provider. When you suffer an injury at work, you must then file a claim for recovery through your employer.<\/p>\n\n\n\n
Unfortunately, it\u2019s not as easy as it seems. More than half of all workers\u2019 compensation claims are initially rejected. You want an experienced and knowledgeable lawyer to fight for your rights so that you get the benefits you need and deserve.<\/p>\n\n\n\n
At The Law Office of Mallon, Tranger & Budzek, we have more than 40 collective years of experience representing injured people in Monmouth and Ocean counties and elsewhere across the state of New Jersey. We handle all matters related to workplace injury and workers\u2019 compensation claims, from the preparation and filing of an application for benefits to hearings pursuant to the denial of your claim.<\/p>\n\n\n\n
We offer thorough and aggressive legal counsel to people who have been hurt because of carelessness or negligence in the workplace. We can work with you at any stage of the process, whether you need to gather all the evidence and prepare your application for benefits or you have filed a legitimate claim that has been wrongfully denied. We will make certain that you take the right steps to protect your interests, including getting the medical treatment you need for your injuries. We will be your advocate with your employer and the workers\u2019 compensation insurance provider, using our skill, knowledge, experience and resources to pursue all the damages to which you are entitled.<\/p>\n\n\n\n
We have a thorough knowledge and understanding of how the workers\u2019 compensation process works. We handle all types of injury claims arising at work, including cases involving:<\/p>\n\n\n\n
The primary method of handling workplace injury matters in New Jersey is the workers\u2019 compensation system. The state established this process in order to make it easier for workers to get the benefits they need by removing fault from the equation. You do not need to show that your employer caused the accident at your workplace \u2013 you only need to show that you were injured while working. Employers may contest your allegations, but you do not have to show that they were the reason behind the accident.<\/p>\n\n\n\n
This helps things move forward in a more timely fashion. Workers, in theory, are able to get the benefits while out of work when they are needed most. Insurance companies and employers can contest claims, but in most cases, all of this will still be covered by the rules that apply to the workers\u2019 compensation process.<\/p>\n\n\n\n
This is an extremely complex situation and often requires a lot of investigation to determine if a workplace injury falls outside of the workers\u2019 compensation scope. Workers injured on the job may have a personal injury claim if the accident or injury was caused by a third party \u2013 that is, someone not employed by the employer.<\/p>\n\n\n\n
Here\u2019s a quick way to understand that: At a construction site, there are often contractors, subcontractors and other people performing certain tasks. A contractor may have several employees working on a matter while an independent entity is working on other items. If that other entity causes an accident that results in injuries, the injured worker may have a personal injury claim against the third party.<\/p>\n\n\n\n
Why is this distinction important? We mentioned above that benefits can be limited in workers\u2019 compensation matters. In a personal injury claim, this is not the case. There is potentially more compensation available to the injured worker, which can be extremely important in matters resulting in serious injuries. You need to make sure you understand what is available to you before making any decisions about your case.<\/p>\n\n\n\n
Many workplace injury victims do not realize that they may be entitled to additional compensation beyond worker\u2019s compensation benefits. Our attorneys will pursue every avenue of recovery on your behalf, including third-party claims against negligent contractors and subcontractors, manufacturers and property owners. Employee injuries can leave you out of work, in severe pain and unable to care for your family. We will take every necessary step to maximize your compensation for medical expenses, pain and suffering, long-term care needs, lost wages and any additional losses you have sustained.<\/p>\n\n\n\n
Nearly every occupation carries some degree of risk. A waitress in a restaurant can slip on a spill that\u2019s been left unattended. A person working on a line in a factory can be hurt by tripping over a piece of machinery. Even a quiet day at the office can potentially result in an injury that causes a person to need medical attention.<\/p>\n\n\n\n
Unfortunately, many workers who suffer on-the-job injuries find that the workers\u2019 compensation system is extremely difficult to navigate. Many claims are often rejected early on in the process, leaving people frustrated and unsure of where to turn.<\/p>\n\n\n\n
If your workers\u2019 compensation claim is denied in New Jersey, you, along with your attorney, can take the following steps to appeal the decision:<\/p>\n\n\n\n
When we take on your case, we perform a thorough review of the incident and injuries to build a case that improves your chances of receiving the compensation you need while you are out of work. We have handled many appeals of wrongfully denied workers\u2019 compensation claims and know what to do to help our clients get results.<\/p>\n\n\n\n
If you feel that you are being pressured to return to work too soon after a workplace injury or your request for benefits has been denied, reach out to us to see what we can do to help. You need someone on your side who understands the process and is able to protect your rights.<\/p>\n\n\n\n
If you have been hurt at work, your physical injuries may not be your only concern. You may delay filing for workers\u2019 compensation benefits because you have many questions about the filing process and your job security. This decision could have a serious impact on your health and long-term employment opportunities. Here, we answer some questions we\u2019ve received about these situations.<\/p>\n\n\n
What should I do after I have been hurt at work?<\/p>\n\n<\/div>\n<\/div>\n
If you need to see a doctor for your injuries, you must inform your employer that you need medical treatment. Your employer or your employer\u2019s insurance carrier is allowed to choose the health care provider you will need to see for your injuries.
If your employer does not give you a list of approved health care providers, you may be able to see your own doctor for your work injury. It is important to note that if you receive treatment from an unapproved provider, you could jeopardize your claim.
You should consult with one of our attorneys if you are unsure of your options.<\/p>\n\n<\/div>\n<\/div>\n
New Jersey law prohibits employers from firing employees for filing workers\u2019 compensation claims. In addition, your position cannot be terminated if you testify at a hearing for a claim.<\/p>\n\n<\/div>\n<\/div>\n
In New Jersey, you need to be unable to fulfill your duties for seven days before you can receive temporary disability benefits. This seven-day period can include weekends and holidays. You do not need to take seven days off consecutively to recover temporary disability benefits.
This waiting period does not apply to injured workers applying for permanent disability benefits or medical benefits.<\/p>\n\n<\/div>\n<\/div>\n
Unfortunately, benefits claims are often denied. New Jersey workers can appeal decisions by requesting a hearing or filing a petition. The workers\u2019 compensation division reviews these applications. Our lawyers have decades of experience representing injured workers in appeals. We are intimately familiar with this process and know how to create a strong case to support your claim.<\/p>\n\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n\n
We offer a free initial consultation to anyone in New Jersey with a potential personal injury claim. To set up a free initial consultation, please contact us online<\/a> or call us at 732-780-0230<\/a>. We have offices in Freehold and Point Pleasant.<\/p>\n\n\n\nSuggested Reading<\/h2>\n\n\n\n