The work place can be exciting, tedious, and boring all in the same day. What it should never be, however, is dangerous. On the job injuries occur on a daily basis. Regardless of what type of injury you have sustained while at work, the New Jersey workers compensation attorneys at the Moriarty Law Firm will help you attain the compensation you deserve.
If you suffer a work-related injury or illness in the state of New Jersey, your claim will be handled by the Division of Workers’ Compensation. This is a state agency – workers’ compensation cases go through the Division rather than the court system. The attorneys at the Moriarty Law Firm have almost 50 years experience handling workers’ compensation claims, and have appeared in most counties throughout the state of New Jersey. This extensive experience allows the firm to quickly and accurately evaluate a claim, identify possible third party claims, and obtain leverage negotiations. Moreover, Charles M. Moriarty, Esq. is a seasoned, well respected trial attorney with a record of success if a favorable settlement cannot be reached.
Most work injuries are covered, including repetitive stress injuries such as carpal tunnel from typing, or herniated disk from a construction accident. Some illnesses also are covered, as long as they are caused by the individual’s work, such as lung disease from inhaling toxins on the job. If your injury was pre-existing but made worse by your job duties, it also should be covered by workers’ compensation.
New Jersey is a no-fault state for workers’ compensation, meaning that you can receive workers’ compensation benefits regardless of who was at fault for your injury. If you made a mistake that led to your injury, you’re still covered. In exchange, if your employer was at fault, you cannot sue them for negligence. Workers’ compensation is your only recourse for a work-related injury. There is a small exception for instances where an employee is intentionally injured by their employer.
Workers’ compensation benefits available in New Jersey include:
- Medical benefits. Workers’ comp will pay 100% of your medical bills for treatment that is reasonable and necessary. This includes things like prescriptions and hospital stays.
- Temporary Total Disability. TTD benefits are available for injured employees who are unable to work and are receiving medical care. TTD payments are generally 70% of the employee’s (gross) average weekly wage. The amount is subject to a maximum and minimum.
- Permanent Partial Disability. A permanent partial disability entitles you to ongoing benefits. The amount of your weekly payment depends on the type of injury you have (which part of your body is disabled), as well as the severity of the injury. These benefits begin after TTD benefits end.
- Permanent Total Disability. If you are unable to return to any type of work due to a work-related injury, more permanent benefits are available. These benefits are generally 70% of your (gross) average weekly wage – the same amount you were receiving for TTD. Permanent total disability is available for life.
Under the New Jersey workers’ compensation system, there is seven day waiting period before a worker is entitled to benefits. Benefits are then retroactive to the first day of disability.
In New Jersey, the employer or carrier is permitted to specify the doctor who treats work-related injuries. In other words, your employer or the insurance company can tell you which doctor you have to see. However, if you do not feel you are receiving the medical care you need, you can file a motion and a judge will determine whether you are entitled to additional or different treatment.
Workers’ compensation attorneys charge clients on a contingency basis. This means that you only pay if your attorney gets you benefits. If you lose your case and receive nothing, you pay nothing. Because you won’t have to pay an hourly fee for your lawyer’s time, it makes sense to go with the best lawyer or firm that you can find. We are committed to fighting to get you the benefits you deserve and have amassed a history of successful cases on behalf of our clients.
If you’re looking for an Ocean County or Monmouth County personal injury attorney, the right place to call is The Moriarty Law Firm. We offer free initial consultations and weekend hours, and we charge no fee unless we get you compensation. Contact us today.