FAQs
If you’ve been injured, let us help fight for your compensation.
FAQs
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How long does it take to resolve a workers’ compensation case?
Workers’ compensation cases usually take about one year to resolve. Thus, it is important that you return all calls, and respond to all letters, sent by your workers’ compensation attorney. Your attorney cannot begin to handle your case until you have completed your treatment, at which point your case will begin with the filing of…
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In a workers’ compensation claim, may I recover damages for pain and suffering?
In New Jersey, workers’ compensation is restricted to three kinds of payments: medical bills, temporary compensation and permanent disability. It does not permit payment for pain and suffering. However, in some instances, you can file another claim beyond the workers’ compensation claim, against an additional party, if that party is a person who could be…
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What recourse do I have if my employer declines my request for workers’ compensation?
Employers deny workers’ compensation benefits for many different reasons. If your employer has refused to grant your request for such benefits, you can communicate with your employer’s insurance company directly. In addition, you can file a claim with the New Jersey Division of Workers’ Compensation. However, you should first seek legal counsel from a knowledgeable…
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What death benefits does workers’ compensation provide?
Among the benefits that are available to the dependents of a worker who was killed at work or who died due to an occupational disease include wage-replacement payments and funeral expenses. In New Jersey, the maximum amount of funeral expenses that can be recovered is $3,500. In addition, family members can receive payments on a…
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What length of time do I need to be absent from work in order to qualify for workers’ compensation benefits?
If your work-related injury causes you to be absent from work, you may be eligible for temporary disability benefits through worker’s compensation insurance. In addition, you may qualify to receive other benefits regardless of time lost from work. In New Jersey, a person who suffered an injury at work has to be unable to work…
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My employer says I do not have a right to workers’ compensation insurance. Do I have any recourses at my disposal?
Disagreements about workers’ compensation are not unusual. Your employer has reason to contradict your claim for benefits. Employers finance workers’ compensation claims through the use of insurance policies. A large payout results in a greater premium. Thus, a smaller payout is ultimately less costly for your employer. There are times when an employer will reject…
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How does the judge decide the quantity of funds that a plaintiff is to receive?
In accordance with the New Jersey Workers’ Compensation Act, an employee who has been permanently injured has a right to permanency benefits. The more severe the disability, the more funds an injured employee has a right to receive. To determine the quantity of funds, the judge follows a previously created payment chart. The dollar amounts…
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If I am injured at work, can I sue my employer, and still receive workers’ compensation benefits?
If you suffer an injury at work, then under the workers’ compensation program, your employer’s insurance pays your medical bills and lost earnings. In return, you forfeit your right to file a lawsuit against your employer in most instances. However, you may file a third-party lawsuit against a third party who caused your injury at…
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How can I recover lost earnings?
Generally, temporary disability benefits are given at the rate of 70 percent of the employee’s average weekly wage. However, there is a maximum amount a worker can receive every year. There is an award of temporary disability benefits at a time when an employee is unable to go back to work, and is receiving medical…
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What options are available to me if I do not like the physician to whom I was referred by my employer’s insurance carrier?
Under New Jersey law, the employer has the authority to choose the doctor who will provide medical care to an injured employee. However, if the employer provides services that are reasonable and needed to treat the injured employee, the worker can file a motion for medical and temporary disability benefits. The filing procedures are stated…