Workers’ compensation is a “no fault” insurance program that provides the following benefits to employees who suffer job-related injuries or illnesses.
- Medical Benefits
- Temporary Total Benefits
- Permanent Partial Benefits
- Permanent Total Benefits
It also provides death benefits to dependents of workers who have died as a result of their employment.
An injured employee will receive benefits regardless of who was at fault. In exchange for these benefits, the worker cannot bring a civil action against the employer for pain and suffering or other damages, except in cases of intentional acts.
What to do if you are injured.
You should notify your employer as soon as possible. The notice may be given to your supervisor, personnel office, or anyone in authority at your place of business. Notice does not have to be in writing. If you need medical treatment, a request should be made to your employer as soon as possible. Under the NJ workers’ compensation law, the employer and/or their insurance carrier can select the physician(s) to treat injured workers for work related injuries.
Employer’s Responsibility After an Injury
Once an accident is reported to an employer, they should notify their insurance carrier immediately so that a First Report of Injury can be filed with the State of New Jersey.
The employer’s WC insurance carrier will evaluate the claim and determine if it’s compensable under the WC law. They will contact the injured worker, the employer and the medical provider to make this assessment. If the claim is accepted, they will direct the injured worker to an authorized medical provider for treatment. If time out of work extends beyond 7 days, they will also provide the injured worker temporary disability benefits during the period of rehabilitation.
This expert testimony—combined with our vast knowledge of New Jersey law—allows us to build a strong case backed by facts, not suppositions or anecdotes. Our highly trained staff will secure all necessary medical records, and we’ll argue your case using technology and anatomical models.
Within 26 weeks after the worker returns to work or reaches maximum medical improvement, the insurance carrier is required to submit another form to the Division called the Subsequent Report of Injury. A copy of this form is sent to the worker for their review.
Workers’ Compensation Frequently Asked Questions
Please click here for answers to Frequently Asked Questions about Workers’ Compensation
Peter Chamas and David Lande spoke about Workers’ Compensation and employee rights at the New Jersey State Policeman’s Benevolent Association 2018 Collective Bargaining Seminar in Atlantic City in February 2018. Mr. Chamas is certified by the Supreme Court as a Civil Trial Attorney and Mr. Lande is certified by the Supreme Court as a Workers’ Compensation Law Attorney. For more on the seminar, please visit this link.
NJ Fire Fighters
Partner David H. Lande, ESQ. was featured in the Legal Report in February’s issue of the New Jersey Fire Magazine. He discussed workers’ compensation and disability retirement pensions. Click this link to view the full article.
If you or a family member has suffered a serious personal injury, make sure you get the representation you deserve. Call our office to speak with one of our professional workers compensation lawyers in NJ today at 732.324.7600, or click here to contact us immediately.