New Jersey Workers Compensation Lawyer

NJ Workers Comp Claim Attorney

New Jersey Workers Compensation Attorneys
 

A workplace injury can leave you physically disabled, unable to work, and financially unstable. You are entitled to workers' compensation anytime you suffer an injury during the course of employment. The workers compensation insurance companies that are supposed to provide vital benefits, such as wage replacement and medical treatment, often resist their responsibilities and look for reasons to deny workers' compensation claims. At Keefe Bartels LLC, our workers' compensation attorneys have the experience and knowledge to help victims of workplace injuries recover the workers' compensation they deserve.

Our New Jersey workers compensation attorneys will file your claim and take the appropriate legal steps to help ensure that you recover the workers compensation benefits you deserve, such as necessary medical treatment, emergency medical treatment, temporary disability benefits, temporary compensation, and permanent disability benefits.

Contact us for more information or a free consultation on your workplace injury. Our New Jersey workers' compensation attorneys are experienced with all of the following:

• Workplace injuries
• Construction site accidents
• Factory accidents
• Delivery accidents
• Defective equipment
• Temporary disability
• OSHA work regulations
• Power tool accidents
• Repetitive stress disorder
• Physical therapy
• Rehabilitation
• Spinal cord, traumatic brain injuries, paralysis
• Wrongful death

In addition to your workers compensation benefits, our workers compensation attorneys can can help to ensure that you recover maximum compensation for your injuries. We may be able to assist you in collecting short or permanent disability wages. You may be entitled to compensation for any third party liability claims to recover lost wages, medical treatment and emergency medical treatment costs, pain and suffering, and awards for your permanent injury.

Our New Jersey workers compensation attorneys will explore every option and resource for you and your family. We will identify all responsible parties to pursue claims for your workplace injury.

New Jersey Workers Compensation and Job Injury Lawyers

The worker compensation department at Keefe Bartels includes:

Julius J. Feinson has specialized in workers compensation law for over four decades and has represented injured workers (also known as “petitioners”) through all phases of trial and appeal. Mr. Feinson is considered one of the leading legal experts on New Jersey workers compensation law and teaches and lectures on the subject. He teaches the “All Phases of Workers Compensation” course at the Institute for Continuing Legal Education as credit in the New Jersey Bar Examiner Still & Methods Program. He also lectures at the New Jersey Trial Lawyer’s People’s Law School. Mr. Feinson is a Chapter Member and Master of the New Jersey Workers Compensation Association and a Past Chair of the Workers Compensation Committee of New Jersey Trial Lawyers.

Craig Livingston is designated by the New Jersey Supreme Court as a Board Certified Workers' Compensation lawyer and specializes in labor law as well as catastrophic injuries and diseases caused by work. After studying at Rutgers Law School he began his legal career representing United Auto Workers (UAW). In 1993, Mr. Livingston founded and became president of New Jersey Council on Safety and Health (COSH), a coalition of unions, and union workers' lawyers and doctors. Today, New Jersey COSH is the leading legal voice for injured workers in New Jersey and fights for pro-worker legislation.

Ronald H. Siegel has been a Workers' Compensation trial attorney in New Jersey for over thirty years. Since graduating from the University of Baltimore School of Law, Ronald has handled thousands of workers' compensation and personal injury cases in the New Jersey Courts System. Ron is the vice president of New Jersey Committee on Safety and Health.

Frank DiMarzio has practiced Workers' Compensation law since he began his career as an attorney over thirty-five years ago. He has been named as a "New Jersey Super Lawyer" by the New Jersey Law Journal every year since 1995. Frank graduated from Rutgers University Law School and serves as a vice president of the New Jersey Committee on Safety and Health.

New Jersey Workers Compensation Law

Workers compensation is a statutory system which provides certain types of benefits to an employee who suffers an accident, traumatic injury, death or an occupational disease arising out of and during the course of employment. Workers compensation laws are generally designed to protect both the employee and the employer. The employer becomes immune from a regular common law negligence lawsuit by the employee through the exclusive remedy provisions of the Workers Compensation Act. In exchange the employee is supposed to be guaranteed certain and immediate lost wage and medical treatment benefits.

The Division of Workers compensation is responsible for the administration of the New Jersey Workers compensation Law, N.J.S.A. 34:15 et seq. The Division also handles disputes and proceedings arising under these laws. Workers compensation judges have the authority to make awards, require medical exams and medical treatment for injured workers and employees, and approve and set attorney fees and assess penalties when necessary.

New Jersey’s Workers compensation laws provide for employers to provide injured workers and employees with benefits when they are appropriate:

1. Necessary medical treatment for the work related injuries until the employee can return to work or will no longer benefit from the medical treatment. In Workers compensation, the employer has the right to pick the medical provider who will examine and treat the injured employee.
   
2. Temporary Disability benefits are awarded when an employee is unable to perform their job. These benefits entitle the employee to benefits at a rate of 70% of their average gross weekly wages - not to be less than the minimum of 20% of the State Average Weekly Wage (SAWW) or exceed the maximum rate of 75% of same. These benefits are income-continuation payments and generally continue until the employee returns back to work or has reached maximum medical improvement.
   
3. Permanent Disability benefits can be either permanent partial disability or permanent total disability depending upon the nature and extent of the injury sustained by the employee. This benefit is commonplace in serious physical injuries and must be demonstrated by objective medical evidence. Generally, the medical examination necessary to determine the permanent disability is not conducted until 6 months - 26 weeks - after the employee’s authorized medical treatment ends or 6 months from the date the employee returns to work; whichever date is earlier.

New Jersey Job Injury Claims and Disputes

A dispute arising in Workers Compensation is not like an ordinary lawsuit. In Workers compensation, an employee is essentially making a claim for those benefits permitted by law. A short example may be helpful here.

Let us assume that John Smith is a factory worker, who gets hurt at the job while working for ACME Corporation. The employee, John Smith, does not sue his employer, ACME Corp., under Workers compensation law. Instead, he obtains an attorney to file an “Employee Claim Petition” with the Division of Workers compensation.

First, John is entitled to receive medical care and treatment, which will be paid for by his employer. Second, if John Smith, should be disabled as a result of the work injury and unable to work a period of time, generally at least seven days, then his employer will provide Temporary Disability, which is the payment of a percentage of their wages or salary until they can return to work. Third, if the nature of John’s physical injury is such that it is in fact a permanent injury, the employer may have to provide a payment for the permanent disability.

ACME Corp., as a responsible employer in this hypothetical scenario, should have purchased the necessary workers compensation insurance policy to protect all of its employees from workplace injuries. This simple example helps to illustrate the three basic benefits of Workers compensation.

Before the Workers compensation system existed, employees hurt on the job had to sue their employers in court asserting negligence theories to receive compensation, but now the law provides a more immediate remedy for the injured worker. Today, the injured worker should normally expect to receive prompt medical care and related benefits from his employer, and in exchange the employer can no longer be sued by the employee in court.

Sometimes, a worker is injured at the workplace, and the employer promptly provides the necessary benefits required by law. Other times an injured worker may need the assistance and representation of a skilled Workers compensation attorney to help him obtain these rights. In the New Jersey Workers Compensation system, an attorney commences this with the filing of a Claim Petition with the Division of Workers compensation which starts the case. The job of the Workers compensation lawyer is to ensure that the injured employee receives all the necessary benefits from their employer permitted by law.

The facts and circumstances of each workplace accident are very different. The resulting physical injuries also vary as do the responses by the employer. Some employers may act very promptly and others may delay needlessly. Some employers may not have obtained the necessary insurance to protect employees from such injuries, which may require the injured employee to seek compensation via the state’s Uninsured Employer’s Fund. Sometimes the employer may take the defensive position, that the employee was not injured at work or that they caused the injury to themselves by intoxication or some other action.

If an injured employee is not receiving timely medical treatment for a workplace injury, they should consult with an attorney immediately. Similarly, if the nature of the injury is such that there is significant time lost from work or a permanent physical injury, an attorney should be consulted. In certain scenarios, there may be a separate but related case against a third party, which may result in the filing of a lawsuit against this third party.

For more information or to speak with an experienced New Jersey workers compensation lawyer, contact Keefe Bartels LLC.