Workers' Compensation Attorney in Jersey City

Workers' compensation law varies from state to state. In New Jersey, it's a system that provides medical treatment, wage replacement, and permanent disability payments to employees that sustain on-the-job injuries or related illnesses. It is a no-fault system, meaning you don't have to prove the employer was negligent to receive benefits. However, the downside is that this is a trade-off. Under workers' compensation law, you can't sue your employer for pain and suffering and other losses unless an intentional act on their side resulted in your injuries.

Your employer has the right to require that you use their choice of medical provider for a work-related injury. Still, you should be covered for any necessary and reasonable medical care along with prescriptions and hospital visits.

Wage replacement works like this:

Temporary total benefits - If your injury makes you unable to work for more than seven days, you should be eligible for temporary total benefits, which cover 70% of your regular average weekly wage. This benefit will be retroactive from the time of the accident. There are limitations on the maximum amount you can get, which is reviewed annually by the Commissioner of Labor and Workforce Development. At the time this article was written, the maximum was $1,065 per week. These benefits should be available until you're able to return to work or have reached maximum medical improvement. The maximum timespan this benefit can be used is 400 weeks.

Permanent partial benefits - If your injury results in permanent bodily impairment, your payment amount will be reflected depending on the nature of the functional loss. These benefits kick in after temporary total benefits stop.

Permanent total benefits - Should your injury be serious enough to prevent you from returning to your job or any other type of employment, you might be able to get permanent total weekly benefits which will last 450 weeks, after which you'll be subject to a medical review to evaluate if you still remain totally disabled. These benefits follow the same 70% guideline as other disability benefits.

Death benefits - Should a worker die because of a work-related injury or illness, their dependents may be eligible for death benefits plus funeral expenses up to $3500. The weekly benefits are 70% of the deceased's wage.

While it may be great to work at one of the larger employers in Jersey City, it can be intimidating if you find yourself in a dispute over workers' compensation benefits. That's why it's essential to have legal representation that isn't afraid of going up against the heavy hitters. At Morgan and Morgan, we've fought against many nationally recognized companies in our effort to protect our client's rights.

When we see a big corporation or even a mom-and-pop business that isn't doing the right thing by their employees, we'll take up the challenge to make them legally comply with the law.

Here is a list of Jersey City's largest employers:

• United States Postal Service
• Goldman Sachs & Co. Inc.
• IPC Acquisitions Corp.  
• Jersey City Medical Center Inc.
• Lord Abbett & Company
• Liberty Health Plan Inc.
• Home Depot U.S.A. Inc.
• Daily News
• City of Jersey City
• Jersey City Board of Education
• New Jersey City University
• Ritter Sysco Food Service
• Broadridge Information Service Inc.
• County of Hudson
• Hudson County Community College
• Citigroup Inc.
• Brown Bros Harriman & Co
• Computershare Investor Services LLC
• Equitable Life Insurance Co.
• Insurance Service Office Inc.
• JP Morgan Chase Bank
• Bank of Tokyo Mitsubishi Trust
• Deutsche Bank Trust Co. NJ LTD.
• Fidelity Investments
• ICAP Services North America LLC
• ICAP Capital Markets LLC

When you're hurt on the job or develop a work-related illness, your first priority should be to seek medical care. If the injury is serious enough, you may have to go straight to the emergency room. However, you'll still need to report the injury as soon as possible to your workplace. You don't have to worry if you had some fault in your injury (except under a few circumstances like being under the influence) because workers' compensation benefits are under a no-fault rule. However, the injury must have occurred while you are performing your job within the range of your employment.

Reporting the incident is your responsibility and a crucial factor in being eligible for benefits. If you delay, it could become problematic when you try to collect workers' comp benefits. In fact, New Jersey has a 90-day window to report an injury to an employer. Still, your employer has their responsibilities too. They must process your claim in a timely manner.

When you report the incident, be sure to submit the details in writing (and keep a copy for yourself) even if you've already told someone in person. This establishes a record if you have troubles down the road. Write down everything while it's fresh in your mind if you can, including the names of any witnesses and all the specifics of the accident.

It's also best to seek care through your employer's designated physicians. It is their right to require this. However, if you're unhappy with their health care provider, you may be able to submit a motion for a change. Should you feel that your employer's designated provider isn't giving you the medical care you need, a workers' compensation lawyer in Jersey City can help you contest the issue.

When you talk to the doctor, don't downplay your injuries. Some injuries start to feel worse with time, like a sprain. If you act like the injury isn't so bad, the doctor doesn't have anything to go on but your word unless they do diagnostic tests.   

Keep in touch with your employer throughout your recovery and do precisely what the doctors tell you to do, including attending follow-up appointments. Suppose you dismiss the doctor's advice or are a no-show for appointments. In that case, it makes it far more difficult to continue on benefits.

Your workers' compensation claim could be denied if you're outside the 90-day window to inform your employer of the injury or if there is a question concerning whether you sustained the injury during the scope of work. Another reason you may get denied is if there are issues with your medical records. For example, people that have pre-existing injuries often have problems if the work injury overlaps with a pre-existing condition.

If your claim is denied, you have the right to file an appeal and be heard by the Workers' Compensation Board. At this point, we recommend you get the help of a Morgan and Morgan workers' compensation attorney.

We'll work with you to prepare you for the hearing and the discovery process and review your medical records to analyze critical evidence that may aid in your appeal. When you request a hearing to dispute the denial of your benefits, the burden of proof is on you. Because of this, it's crucial to have a sound strategy and new evidence to shore up your claim.

This process may require more than one hearing, and the timeline can get stretched out, especially if you're not satisfied with the judge's ruling. However, just like in any civil case, you have another chance for a successful outcome by requesting another review. However, the review process has hard and fast deadlines which must be followed, or you risk losing access to benefits. 

Every worker in Jersey City has a right to file for workers' compensation if they sustained an injury or developed an illness due to work-related activity. Any employer that fires or discriminates against an employee for exercising their rights is breaking the law, and there are consequences. Furthermore, employers can't fire or retaliate against employees who testify in a workers' compensation matter.

The go-to remedy is a reinstatement of employment, but you have to be able to perform the duties of your job as well as be willing to go back. Another option is to file a civil lawsuit with the help of a workers' compensation lawyer in Jersey City. The challenge is proving that the employer retaliated based on the fact you exercised a protected right. It could be that the employer fired you because of your disabling condition, in which case, that would be a violation of the Americans with Disabilities Act. In either scenario, Morgan and Morgan can help protect your legal rights and recover compensation.

John Morgan founded Morgan and Morgan Law Firm because of his own family history involving a work injury dispute. One of his brothers was gravely injured on the job, and the lawyer his family chose wasn't up to the task of taking on a giant corporation. The family lost badly, and John never forgot. He decided to become a lawyer himself so that he could become an advocate for regular people who need expert, competent guidance in personal injury matters. 

Since establishing Morgan and Morgan over 30 years ago, it has grown to be one of the country's largest and most successful law firms, with billions recovered for its clients. Our lawyers will work hard to ensure your injuries or disabilities are compensated and that you receive the kind of medical care you need to recover. Contact us today for a free case evaluation. When we take on a case, we only accept payment once we've resolved your claim successfully.