FAQs

While New Jersey workers' compensation law entitles injured workers to medical treatment, lost wages, and compensation for permanent injuries, insurance companies may not always provide these benefits willingly. An attorney can assist by filing a motion with the workers' compensation court to compel the insurance company to provide medical treatment and wages. Additionally, a lawyer will ensure fair compensation for permanent injuries by employing medical experts, presenting effective legal arguments, and, when necessary, bringing the case before the workers' compensation court.

New Jersey workers' compensation law covers injuries from specific accidents, such as falls, lifting incidents, assaults by coworkers or clients, work-related vehicle accidents, and injuries from faulty equipment. It also covers occupational injuries, illnesses, or diseases that develop over time due to workplace conditions. These can result from repetitive tasks, exposure to environmental hazards, or long-term workplace harassment. Covered injuries include, but are not limited to, broken bones, sprains, cuts, torn ligaments, spinal injuries, carpal tunnel syndrome, concussions, hernias, eye injuries, hearing damage, emotional and mental injuries, respiratory illnesses, and various orthopedic injuries.

It's not advisable to use private insurance for work-related injuries. By law, the workers' compensation insurance carrier is responsible for providing and paying for medical treatment. Most carriers have networks of qualified physicians. Using personal insurance for a work injury may result in the injured worker being responsible for the medical bills, as the law stipulates that workers' compensation should cover treatment costs.

In workers' compensation cases, attorneys operate on a contingency fee basis. This means they only receive payment if the client is awarded compensation for permanent injury. The fee, set by law, is up to 20% of the compensation received. In many instances, the workers' compensation insurance company bears a portion of this fee, reducing the injured worker's contribution to approximately 8% of their recovery for permanent injury.

New Jersey law prohibits employers from terminating employees for filing a workers' compensation claim or hiring legal representation. If an employer takes adverse action against an employee for these reasons, they may face fines, and the employee can pursue legal action for retaliation. Adverse actions can include termination, demotion, pay or hour reduction, or removal of employment benefits.

It's crucial to report all work-related injuries promptly to your employer. New Jersey law mandates that employers provide workers' compensation insurance for all employees injured on the job. This insurance covers medical treatment, lost wages, and compensation for permanent injuries. Timely reporting ensures proper treatment and helps avoid potential out-of-pocket expenses for the injured worker.

Under New Jersey workers' compensation law, injured workers are not responsible for copays or deductibles related to their work injury treatment. The law requires workers' compensation insurance carriers to cover all medical treatment costs. There should be no out-of-pocket expenses for the injured worker when receiving treatment through the workers' compensation system.

In New Jersey, workers who are paid 'off the books' or 'under the table' are still eligible for workers' compensation benefits. The law focuses on whether the employer controls the employee's activities during work hours, rather than the method of payment. Therefore, even if wages are not officially recorded, a worker can still be entitled to medical treatment, lost wages, and compensation for permanent injury under workers' compensation law.

New Jersey workers' compensation law applies to all workers injured during employment, regardless of their legal residency status. The primary legal consideration is whether the injury occurred during the course of employment. If so, the worker is entitled to medical treatment, lost wages, and compensation for permanent injury, even if they are not a legal resident of the United States.

If you're denied medical treatment for a work-related injury, it's advisable to consult an experienced workers' compensation attorney. They can assist by filing a motion for medical treatment with the workers' compensation court, which may order the insurance carrier to provide necessary care. This process might require producing a medical report recommending treatment. An experienced attorney can engage a medical expert on your behalf to provide the necessary documentation.