Filing a New Jersey Workers’ Compensation Claim
New Jersey Workers’ Compensation Attorney Representing Clients in Bergen County, Essex County, Passaic County, and Throughout NJ
If you’ve suffered an injury on the job, you’re likely overwhelmed by a whirlwind of concerns—from medical treatments and bills to job security. Filing a New Jersey Workers’ Compensation claim might seem like just another daunting task on a growing list of worries. However, it’s a crucial step toward securing the benefits you need for your recovery. You don’t have to go through this process alone. At the Epstein Law Firm, P.A., we specialize in assisting clients just like you, offering expert guidance that demystifies the complexities of workers’ compensation law.
After suffering a workplace injury, coping with physical pain and anxiety about returning to work can be a daunting experience. You might be eligible for workers’ compensation, a system put in place by the New Jersey Legislature to provide a safety net for people who suffer illnesses or injuries at work. Navigating the intricacies of the legal process to ensure you get the right compensation can be challenging and complex.
Therefore, having a skilled legal ally can make all the difference. At the Epstein Law Firm, P.A., our team of workers’ compensation attorneys is dedicated to providing you with the guidance you need on the available legal options. Our experience not only ensures that you follow the correct steps in filing your claim but also helps safeguard your rights. We invite you to reach out to our legal team for a free case analysis, a valuable first step in regaining control of your life and future.
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Steps in Filing Workers’ Compensation Claim in New Jersey
To obtain the workers’ compensation benefits, you have to go through specific steps of filing the workers’ compensation claim. A New Jersey workers’ compensation attorney will help you through the necessary steps and ensure your rights are protected every step of the way.
We have outlined the steps involved as follows:
Step 1: Seek Prompt Medical Treatment
The first and foremost step after a workplace injury is seeking immediate medical attention. Your health and well-being should always be the priority. A healthcare professional will assess the extent of your injuries and recommend appropriate treatment. This step not only ensures your health is taken care of but also establishes a critical link between the injury and your subsequent workers’ compensation claim.
Step 2. Narrate Your Injuries to Your Doctor
Communicating the details of your injury to the treating physician is crucial for accurate diagnosis and treatment. Also, adhere to their prescribed medical regimen, as it increases your chances of recovery. Additionally, keep all the medical records because they will serve as substantial evidence to support your workers’ compensation claim.
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Step 3. Report Your Injury Immediately
Inform your employer about the incident as soon as possible. In New Jersey, you are required to report a work-related injury within 90 days after the injury. Our legal team advises putting the reporting in writing. This is because a written report would accurately capture that inquiry date and any other person who might have received the report or witnessed the incident. Timely reporting is essential to ensure that your claim remains valid and unchallenged.
Step 4. Regularly Check Your Claim Status
After reporting the injury to the employer, they should serve the New Jersey Division of Workers’ Compensation with the first report of the injury within 21 days. From this point, stay informed about the progress of your claim. Regularly check in with your employer or their insurance company to ensure that your claim is being processed promptly and accurately, or contact an attorney for legal help in case of unreasonable delays.
Step 5. Start Receiving Benefits
Upon approval of your claim, you should start receiving workers’ compensation benefits, which typically cover medical expenses and a portion of your lost wages. However, the process may not always be smooth, and some claims may face challenges, such as denial or inadequate compensation. This is where the value of a workers’ compensation lawyer becomes evident. A legal professional will help explore the available legal options and maximize your chances of success.
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Step 6. File for Hearing or Formal Claim
If you encounter obstacles in the claims process, legal intervention can be immensely beneficial. A workers’ compensation attorney can assist you in filing for an informal hearing or, if necessary, guide you through the process of filing a formal claim. They possess the expertise to ensure these forms are properly filed, increasing the likelihood of a favorable outcome.
Step 7. Appeal the Case
In case your initial claim is denied, your lawyer will advise on appealing the decision. The appeals process can be intricate and time-sensitive. Your lawyer will ensure the paperwork is filled correctly and in the designated time frame. This will maximize your chances of successfully appealing at the Superior Court Appellate Division.
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Contact New Jersey Workers’ Compensation Attorney Today
When it comes to securing your rights and obtaining the workers’ compensation benefits you deserve, proper filing of workers’ compensation claims is of the essence. Navigating the complexities of the legal system can be challenging, and any delays or missteps could impact your case. However, our dedicated team at The Epstein Law Firm, P.A. is here to support you every step of the way. Our New Jersey workers’ compensation attorneys have a proven track record of advocating for clients throughout New Jersey. We understand the physical and emotional toll a workplace injury can take, and we’re committed to supporting you through the process. Contact us today and take the first step toward ensuring the protection of your rights.
New Jersey Workers’ Compensation FAQs
In New Jersey, sole proprietors, business partners, LLC members, and corporate officers owning a certain percentage of the company’s stock are exempt from workers’ compensation coverage. Additionally, independent contractors are generally not covered by workers’ compensation insurance. It’s important to note that exemption status can vary depending on specific circumstances and the business structure. If you are unsure about your exemption status or believe you should be covered but are not, consulting with a workers’ compensation attorney is advisable to clarify your situation.
The amount of workers’ compensation benefits you receive in New Jersey includes coverage for necessary medical treatment related to your workplace injury or illness and a portion of your lost wages during your recovery period. The specific amount of wage replacement benefits is based on 70% of your average weekly wage and the severity of your disability, categorized as temporary total disability, temporary partial disability, or permanent disability. Accurate records of your medical expenses and lost wages will greatly determine your actual benefits.
Workers’ compensation benefits in New Jersey are valid after missing work for 14 days due to work-related injury. Temporary disability benefits are available as long as your physician certifies that you are unable to work due to your workplace-related condition. These benefits can continue until you reach maximum medical improvement or are deemed able to return to work. If your condition results in a permanent disability, you may be eligible for permanent disability benefits for up to 450 weeks. Seeking guidance from a workers’ compensation attorney can ensure you receive benefits for the appropriate duration.
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"The Epstein Law Firm recently obtained a multi-million dollar settlement in an extremely complex and difficult financial services case. He and his team not only mastered the complex issues in the case, but also expertly handled all aspects of the negotiations. I cannot thank Michael enough for his dedication and hard work, and I highly recommend him and The Epstein Law Firm for those who need smart, creative, and aggressive lawyers who put their clients’ interests first.”
— Brian G.
*Results may vary depending on your particular facts and legal circumstances.
*Results may vary depending on your particular facts and legal circumstances.
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