Workers' Compensation
Workers' Compensation Attorney
Workers' Compensation laws are meant to ensure that employees injured on the job are provided with fixed monetary awards. A workplace injury can leave you physically disabled, unable to work, and financial unstable. Though you are limited in your ability to sue your employer for injuries sustained at work, you are entitled to workers' compensation anytime you suffer an injury during the course of employment. At Keefe Bartels & Clark LLC, our attorneys are experienced in representing the victims and families of workplace injuries take the proper steps to recover the workers' compensation they deserve.
Workers' compensation benefits may involve legal complexities that can limit your rights to recovery. Our attorneys will file your claim and take the appropriate legal steps to ensure that you recover your benefits.
Contact us for more information or a free consultation on your workplace injury. Our 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 attorneys can also provide the legal assistance you need 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, pain and suffering, and awards for your permanent injury.
Our 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
A workplace injury can be very difficult to cope with. 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 claims and not pay. Our New Jersey accident law firm represents the victims and families of workplace injuries and assists them in taking the proper steps to recover workers compensation benefits from the insurance companies.
Julius J. Feinson Esq. is Of Counsel to Keefe Bartels & Clark and heads the firm’s workers compensation practice. Mr. Feinson has been specializing in workers compensation law for over four decades and has represented injured workers (known as “petitioners” in workers compensation lingo) through all phases of trial and appeal. Mr. Feinson is considered one of the leading legal experts on New Jersey workers compensation law and has held classes and performed lectures on the subject. Julius 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 for the Workers compensation Committee of New Jersey Trial Lawyers.
Julius J. Feinson, Esq. and the rest of our New Jersey Workers compensation attorneys will immediately begin an investigation into your case to collect the evidence necessary to prove your workplace accident claim case. From your initial consultation through the final resolution of your case, our attorneys will seek to obtain successful results in your job accident case.
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 and its judicial and administrative staff also handle disputes and proceedings arising under these laws. Workers compensation judges have the authority to make awards, require medical exams and treatment for injured employees, approve and set attorneys’ fees and to assess penalties when necessary.
New Jersey’s Workers compensation laws basically provide for employers to provide injured employees with the following benefits when they are appropriate:
- 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 .
- Temporary Disability benefits are awarded when an employee is unable to perform his/her job. These benefits entitle the employee to benefits at a rate of 70% of his/her 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 essentially income-continuation payments and generally continue until the employee returns back to work or has reached maximum medical improvement.
- Permanent Disability benefits which 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 (7) days], then his employer will provide Temporary Disability, which is basically the payment of a percentage of his wages/salary until he /she 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 state’s 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 basically to ensure that the injured employee receives all the necessary benefits from his / her 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 he / she caused the injury him or herself by intoxication or some other action.
If an injured employee is not receiving timely medical treatment for a workplace injury, he/she should consult with an attorney. 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.
We are highly experienced in the investigation of workplace injuries. Our attorneys will immediately begin an investigation into your case to collect the evidence necessary to prove your claim. From your initial consultation through the final resolution of your case, our attorneys will remain dedicated to optimal results in your case.
For more information or to speak with an experienced Newark, New Jersey personal injury lawyer, contact Keefe Bartels & Clark LLC.
