Worker Compensation Law

Workers’ Compensation Lawyers in Ocean County

Ocean County Workers’ Compensation lawyers can help you if you are hurt at work.

Sometimes employees are hurt while working on their job related duties. It may lead to injury also. Do you know you have right to compensation from worker’s compensation? It is a form of insurance providing wage replacement and medical benefits to workers. As per this law, employers have to provide benefits for those employees hurt on the job. Anyone who gets injury during employment can use this legal right to file a claim petition against the employer and ask for compensation. It may include wages, medical expense, loss of ability to earn income etc. A workers’ compensation lawyer can help you in getting full compensation for your work related injury. So, contact us today for a free consultation.

Generally, every state has their own laws for workers’ compensation. Filing a claim against an employer is like an insurance claim. It is different than suing your employer in a civil court. It is a type of request to provide compensation for the injuries.

If you get an injury on the job, or develop an illness that results from the job, you can avail yourself to the benefits provided by workers compensation law. A lawyer can file a claim for you and help you get full compensation for your injuries. Talk to us now!

What is the first thing I must do when I am injured on the job?

If you suffer an injury on the job, the first thing is to notify your employer of the injury which occurs on the job. An injured employee has up to 90 days to report the accident. Most likely you will report your accident to your supervisor. Further, if you need medical attention, tell your employer. Under New Jersey Worker’s Compensation law, your employer can select the medical provider. If you do not involve your employer from the start in getting medical treatment, your compensation may not include your treatment. If the situation arises where your employer will not provide medical treatment and you are in need of medical attention, you may need to get treatment on your own. A worker comp lawyer will be able to tell what to do.

We have a team of great lawyers in New Jersey who can help you file a claim against an employer. Just give us a call or visit our office once. We will follow the best practices and obtain all the relevant information to include in the claim so that you can get full compensation.

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Will my employer fire me if I try to exercise my right to Worker’s Compensation?
It would be unlawful for an employer to retaliate against you or any employee for filing a claim.

What bills does workers compensation cover? What kind of income can I expect?
Workers compensation will provide for reasonable costs of medical treatment, temporary disability income for the lost wages you experience due to lost work and permanent disability income. The rate of compensation for lost wages is 70% of your average weekly wage, with a capped amount put in place by the state. You initially must be out of work for at least seven days, due to your injuries, before becoming eligible for temporary disability (benefits are retroactive to the first day). Medical benefits kick in on the date of your injury.

What if my employer says they don’t have Worker’s Compensation?
If your boss says he/she is not insured or their insurance company refuses to provide coverage, you should contact Riviere Advocacy Group LLC right away to help you with your claim. Due to the complex laws, paperwork and other tenets of the Worker’s Compensation Court you need to be represented by an attorney to protect your workers compensation claim. You need not pay an attorney’s fee to retain our firm, any fee is provided at the end of the case as part of the compensation.

I was working under-the-table or I don’t have my papers?
All workers in New Jersey are eligible for workers compensation benefits.

When must I file my Worker’s Compensation claim?
Your claim needs to be filed no later than two years after your injury or illness.

How long will take till I get paid on my claim?
No case is predictable to an exact time and each case is different, but generally speaking worker’s compensation cases take approximately one year or more to complete, depending on the complexity of the case. Our attorneys cannot really break ground on your case in the courts until you are done treating with the medical providers. However, we will immediately file your claim petition and begin working with the insurance carrier to develop a strong case on your behalf. After we file a claim petition, commonly referred to as a CP, your employer will have approximately 30 days to file an answer. Once an answer is filed, all parties will begin discovery. Discovery is a legal process through which our attorneys exchange information with your employer, to develop the information necessary to prove your case. The next step, after discovery, is to schedule permanency examinations. You will be required to undergo an independent medical examination with a doctor of our firm’s choice (referred to as an IME). Around the same time will be required to undergo a defense medical examination with a doctor of your employer’s choice (referred to as a DME). These examinations will be used to determine the permanency of your injuries. After these examinations, your case will be listed by the Division of Workers Compensation for a status conference. Our attorneys will go to this conference and meet with an attorney representing your employer, as well as the Judge. During this conference, either a settlement that meets your approval will be reached or all parties will agree to try the case. Of course everything that is discussed above takes time and nothing happens overnight. Your cooperation and attentiveness to our phone calls, paperwork and so forth helps to keep the case moving along.

How much will I receive for my injuries?
The New Jersey Workers Compensation Act has grids which reflect what an injured worker with a permanent injury is entitled to receive. By looking at these girds, an amount certain can be calculated, which an injured worker is entitled to receive. The dollar figures on the chart cannot be changed. Obviously, the greater the disability, the more money you will receive. Our attorneys will explain these girds upon your free consultation with our firm.

So now that I am disabled how will I ever work again?
New Jersey has a series of employment laws that may help you in dealing with workplace injuries. If an employer discriminates against you because of your disability call our firm, we will explain what rights you may have under the Americans with Disabilities Act or Laws Against Discrimination. These laws can provide for reasonable accommodation of your disability, in order to allow your continued employment. To put it in perspective let’s say you have suffered a back injury: if the job could be restructured so that you could take sitting breaks that would allow you to still do your work, this would be a type of reasonable accommodation. An employer may need to provide such a reasonable accommodation. Accommodations may include modifying the workplace to make it readily accessible to your disability, modifying your work schedule or reassigning you to a vacant position which you are qualified for.