Best Workers Compensation Lawyers in New Jersey

About Workers Compensation Law in New Jersey, United States

Workers Compensation is a system designed to provide benefits to employees who are injured or become ill as a result of their job. In New Jersey, Workers Compensation law ensures that employees receive medical care, wage replacement, and other benefits if they are hurt while performing their work duties. This no fault system means that employees do not need to prove that their employer was negligent or caused the injury. Instead, if the injury or illness is work related, benefits are generally provided regardless of who was at fault.

Why You May Need a Lawyer

While many Workers Compensation claims are straightforward, there are common situations where hiring a lawyer can help. If your claim is denied, delayed, or disputed by your employer or insurance company, a Workers Compensation lawyer can advocate on your behalf. You may also need legal help if you have a complex case involving permanent disabilities, pre existing conditions, or third party liability. Additionally, if you are facing retaliation at work for filing a claim or your employer does not carry appropriate insurance, consulting a lawyer can help protect your rights and ensure you receive the benefits you deserve.

Local Laws Overview

New Jersey Workers Compensation law requires nearly all employers to carry Workers Compensation insurance or be approved for self insurance. Employees who suffer job related injuries or illnesses are entitled to benefits such as medical treatment, temporary disability benefits, permanent disability benefits, and death benefits for dependents in fatal cases. Claims must be filed within two years of the injury or the last payment of compensation. Employers and their insurance carriers must provide authorized medical treatment and cannot charge the injured worker for these services. Additionally, New Jersey has strict anti retaliation provisions to protect workers from discrimination or punishment for filing a claim.

Frequently Asked Questions

What types of injuries or illnesses are covered by Workers Compensation in New Jersey?

Workers Compensation covers any injury or illness that occurs as a result of employment, including physical injuries, occupational diseases, and repetitive stress injuries. Coverage applies regardless of who was at fault.

How do I file a Workers Compensation claim in New Jersey?

Report your injury to your employer as soon as possible. Your employer should then notify their insurance company and arrange for medical care. If your claim is disputed, you can file a claim petition or an application for an informal hearing with the New Jersey Division of Workers Compensation.

What benefits can I receive under Workers Compensation?

You may receive medical treatment, temporary total disability benefits while unable to work, permanent partial or total disability benefits, and death benefits for dependents if the injury is fatal.

Can I see my own doctor for a work injury?

Employers have the right to select the treating doctor in New Jersey. If you seek treatment from your own doctor without authorization, your medical bills may not be covered unless it was an emergency.

What should I do if my claim is denied?

If your claim is denied, you should consult with a Workers Compensation lawyer. You can file a claim petition or an application for an informal hearing with the Division of Workers Compensation to dispute the denial.

Do I have to prove my employer was at fault?

No. New Jersey operates under a no fault system, so you do not have to prove your employer was negligent in order to receive benefits.

How much time do I have to file a Workers Compensation claim?

In most cases, you have two years from the date of the injury or the last payment of compensation to file a claim.

Can I be fired for filing a Workers Compensation claim?

It is illegal for employers in New Jersey to retaliate against or fire employees for filing a Workers Compensation claim.

Does Workers Compensation cover occupational diseases?

Yes. Workers Compensation in New Jersey covers occupational diseases and illnesses caused by exposure to harmful conditions at work, such as respiratory issues or chemical exposures.

Can I sue my employer in civil court for a work injury?

In most cases, you cannot sue your employer outside of the Workers Compensation system. However, you may have a third party claim if someone other than your employer (such as a contractor or equipment manufacturer) contributed to your injury.

Additional Resources

Several organizations and governmental agencies can provide support and information about Workers Compensation in New Jersey:

• New Jersey Division of Workers Compensation
• New Jersey Department of Labor and Workforce Development
• Office of the Ombudsman for Injured Workers of New Jersey
• Legal Services of New Jersey
• New Jersey State Bar Association

These resources can help you understand your rights, locate qualified attorneys, and answer questions about the claims process.

Next Steps

If you have been injured at work or have developed a workplace illness, begin by informing your employer as soon as possible and seeking authorized medical care. Keep detailed records of your injury, treatment, and any communication with your employer or insurance carrier. If you encounter any difficulties, delays, or disputes with your claim, consider consulting an experienced Workers Compensation attorney in New Jersey. Many lawyers offer free consultations and work on a contingency fee basis, meaning you pay nothing unless you recover benefits. Prioritize your health, learn about your rights, and take prompt action to protect your interests throughout the claims process.