Workers' Compensation Attorney in Jersey City
Morgan & Morgan Philadelphia, LLC, A Professional Limited Liability Company formed in the State of Florida. New Jersey Managing Attorney: Clancy Boylan, Esq.30 Montgomery Street, Suite 410
Jersey City, NJ 07302
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Workers’ Compensation Lawyers in Jersey City
If you or a family member suffered an injury in a work accident, you might wonder how to pay for medical treatment and income loss. Fortunately, most workers injured in Jersey City qualify for workers’ compensation benefits such as wage replacement, medical care, and others.
However, getting what you deserve can be tricky, particularly if an insurer or employer disputes your claim. Having a skilled workers’ compensation lawyer in Jersey City in your corner can help you receive the benefits you need to manage your life after experiencing a work injury.
We understand what injured workers are going through and the challenges you could face in getting what you deserve with a claim. Morgan & Morgan’s workers’ compensation lawyers know the workers’ compensation process inside and out and want to help you get what you deserve. Get started now and contact us for a free case review.
Jersey City Workers’ Compensation Benefits
If you get hurt at work in Jersey City, you could qualify for a range of benefits under New Jersey’s workers’ compensation program, such as:
Your employer’s workers’ comp insurer typically pays for all necessary medical treatment if you are hurt on the job in Jersey City, such as:
- Prescription medication
- Hospital stays
- Doctor and specialist appointments
- Diagnostic tests
- Physical therapy
- In-home care
- Prostheses and other medical devices
During recovery, employees in Jersey City are entitled to wage replacement benefits under the workers’ compensation program. According to the New Jersey Department of Labor and Workforce Development (NJLWD), workers could receive up to 70 percent of their weekly wage when they experience a work-related health condition or injury.
Temporary Total Benefits
If you are disabled for more than seven days after a work injury, you could qualify for temporary total benefits, which will be applied retroactively starting with the first day of lost work time. Most workers could receive up to 70% of their average weekly wage, depending on the statutory maximum and minimum rate, which changes yearly. Benefits are available until a worker:
- Returns to work
- Reached maximum medical improvement
- Received 400 weeks of benefit
Permanent Partial Benefits
Workers experiencing a permanent job-related disability or impairment could qualify for weekly benefits based on their functional loss. These payments are due after temporary benefits end.
Permanent Total Benefits
In some cases, a seriously injured or ill worker is unable to return to any work. They may then qualify for weekly permanent total disability benefits.
Payments initially run for 450 weeks. However, a worker could be entitled to benefits beyond 450 weeks if they can prove their continued total disability and inability to work. Payments are usually up to 70 percent of the regular weekly wage.
The family and dependents of a worker who passes away due to a work-related injury or illness could qualify for death benefits, such as wage replacement payments and funeral costs. Weekly benefit payments are generally up to 70 percent of the deceased worker’s wage.
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What to Do After Getting Hurt at Work in Jersey City?
While workers’ compensation is generally available when employees get hurt, knowing your next steps can be critical for receiving what you deserve.
Report Your Work Injury Promptly
You should notify your employer, supervisor, or personnel department of a work injury or work-related condition as soon as possible. Your employer is then responsible for filing an insurance claim and should provide you with a copy of the paperwork.
Get Medical Help
If you require medical treatment, inform your employer immediately. According to New Jersey workers' compensation law, your employer or workers’ comp insurer can determine the physician to treat your work-related injury.
Seeking medical assistance is crucial for your health and can provide you with the medical report required to qualify for workers’ compensation benefits.
Contact a Workers’ Compensation Lawyer in Jersey City
Our attorneys could help you get the benefits you need to manage your life if you experience a significant occupational illness or injury. We could assist you with a complex workers’ comp case and fight for what you deserve if your claim is denied. Moreover, we could help you file a lawsuit and pursue additional compensation if you qualify. Seeking legal advice can help you get your life back on track after a severe work injury.
Could You Qualify for a Personal Injury Lawsuit?
Workers’ compensation may not be the only way for you to recover compensation for your injuries after an accident on the job in Jersey City. For example, if you suffered an injury due to third-party negligence, you could file a personal injury lawsuit and receive damages. Third parties could include:
- Other contractors at your job site
- Property owners
- Manufacturers of defective equipment
Moreover, while workers’ comp pays for your medical bills and some of your income losses, the program does not provide for non-economic damages, such as pain and anguish. A personal injury lawsuit allows you to pursue non-economic awards, including:
- Physical pain and suffering
- Emotional trauma
- Permanent disfigurement
- Reduced life quality
It is important to note that what you could receive depends on the scope of your injuries, medical expenses, and other factors.
Morgan & Morgan’s dedicated workers’ compensation lawyers in Jersey City can assess your specific work injury case and discover all avenues for compensation, including whether you qualify for a lawsuit against a third party.
How Long Could I Receive Workers’ Compensation in Jersey City?
Workers’ compensation benefits typically cease when the doctor determines that you are fit to return to work. However, if you suffered a disabling injury and cannot go back to work at all, you could be entitled to workers’ compensation benefits for the rest of your life.
You could be entitled to medical benefits under the workers’ compensation program for as long as necessary or until you are recovered. If you have an ongoing occupational injury or condition, you could qualify for workers’ comp medical benefits for the rest of your life.
Wage Replacement Payments
Temporary disability benefits are generally only available until your doctor declares you fit for work or your injury has reached maximum medical improvement. In New Jersey, the limit is usually 400 weeks. However, if you are permanently and fully disabled, you could be entitled to workers’ comp payments until you reach retirement age.
Am I Entitled to Workers’ Comp in Jersey City as an Independent Contractor?
If you are an independent contractor, casual worker, or volunteer, you generally do not qualify for workers’ comp benefits under the New Jersey workers’ comp program. However, your employer could have misclassified you to save on payroll taxes.
If you suffer an injury on the job and your employer says you do not qualify for workers’ comp as an independent contractor, consider getting an attorney on your side. Your employer may be breaking the law, and you could be entitled to damages in addition to workers’ compensation benefits.
Do I Qualify for Workers’ Comp if My Employer Is Uninsured?
Almost all employers in New Jersey must carry insurance. However, if your employer is uninsured, you could have other options for getting what you deserve, such as the state’s uninsured employer’s fund or taking your employer to court.
The Uninsured Employer's Fund (UEF)
If your employer fails to provide workers’ comp insurance coverage, you could receive benefits from the New Jersey uninsured employer’s fund. Similar to workers’ comp, the fund provides injured workers with temporary disability and medical benefits. However, you must file a claim together with supporting documentation to qualify. An attorney can help you navigate this process.
Suing Your Employer
Workers’ comp normally shields employers from employee lawsuits. However, if your employer does not carry workers’ comp insurance, you could sue and recover compensation. An employer could be responsible for your accident and injury if they:
- Failed to train or supervise you or others adequately
- Failed to provide you with appropriate personal protective equipment or safety gear
- Exposed you to harmful or toxic substances
- Caused your slip and fall due to dangerous conditions at the workplace
- Provided faulty machinery or defective vehicles
However, there can be many ways in which an employer could be responsible for your injuries. Therefore, if you get hurt at work and do not qualify for workers’ comp, consult an attorney as soon as possible to determine if you could sue.
How Can Morgan & Morgan Help Injured Workers in Jersey City?
Workers' comp claims can be challenging, especially if your claim is complicated or you suffer from a disabling injury. However, Morgan & Morgan can be here for you and help you get the benefits you need and deserve. Having a skilled attorney in your corner can be essential if:
- You have to appeal a denied claim
- Your employer or insurer accuses you of fraud
- You suffer from a pre-existing condition
- You have a third-party personal injury claim
- Your employer or workers’ comp insurer disputes your claim
- You have been cleared for work but do not feel well enough
- You are severely disabled and may not be able to work again
When we take charge of your workers’ comp claim, you do not have to worry about missing any crucial filing deadlines or making any mistakes with your claim. We can manage the entire process from start to finish, including:
- Dispute an unfair settlement
- Prepare your appeal against a denied claim
- Coach you for appeal hearings before a judge
- Present medical evidence to prove your claim
- Fight for a fair impairment rating
- Negotiate with the insurance company
With our seasoned attorneys by your side, you can concentrate on getting better while we focus on recovering the benefits you deserve. We can guide you through your workers’ comp claim and determine other avenues for securing compensation, such as social security disability.
Does Workers’ Comp Cover all Injuries?
Workers’ compensation is primarily available for work-related illnesses or injuries. Employees generally do not qualify for workers’ comp benefits when:
- They got hurt due to physical violence or horseplay at work
- The injury occurred while intoxicated by alcohol or drugs
- They suffered harm while traveling to or from work
- The injury happened while violating a company policy
- The condition existed before they were hired for the position
Can I Afford a Workers’ Compensation Lawyer in Jersey City?
Before hiring legal representation for a workers’ comp claim, ask about the attorney’s fee. Every firm handles payments differently, and knowing your attorney’s fee structure is essential for avoiding disappointments and unexpected bills later on.
Morgan & Morgan’s workers’ compensation attorneys do not charge you anything upfront. We only get paid if and when we win. Our priority is to help you get your life back after suffering a work-related injury.
Moreover, in many workers’ comp cases, the employer’s insurance company has to pay all attorney’s fees if they lose the case. Therefore, no financial risk is involved when you work with Morgan & Morgan.
Morgan & Morgan Stands up for Injured Workers in Jersey City
Jersey City’s workers are generally protected by New Jersey’s workers’ compensation. However, getting what you deserve can be challenging if an insurance company is dragging its heels or your employer is uncooperative.
We understand that a significant work injury or illness can turn your life upside down and make it challenging to provide for yourself and your family. However, if you suffer an injury on the job, you deserve medical and wage replacement benefits that allow you to get better and make ends meet during your recovery.
If you struggle to get the benefits you deserve, Morgan & Morgan has your back. We have helped countless injured workers receive their due and could help you get justice too. Contact us today for a free consultation to find out more.