Bross & Frankel has helped many injured workers obtain New Jersey Workers' Compensation benefits.If you are injured on the job, don't wait to contact a skilled NJ Workers' Compensation attorney. Workplace injuries can be traumatic, and leave you with expensive medical bills and unable to return to work. However, you may be eligible to receive compensation for lost wages, obtain medical treatment, and receive compensation for any permanent damage related to your injury. Contacting a skilled and knowledgeable Workers' Compensation lawyer at Bross & Frankel may be the first step in getting you back on your feet with the compensation you need and deserve. Additionally, if you are injured by someone other than your employer you may have a personal claim against that person. The NJ Workers Comp attorneys at Bross & Frankel can help you navigate your claim from the beginning. Bross & Frankel has helped many individuals hurt on the job, with significant injuries, including traumatic brain injuries, spinal injuries like herniated or bulging discs, broken bones, repetitive use injuries, back injuries, loss of an arm or leg, chemical exposure injuries, and many other workplace accidents and injuries. Our firm has helped workers obtain compensation for lost income, medical expenses, and related complications. Additionally, we have helped workers obtain awards for temporary total disability and permanent injuries. Our dedicated attorneys will provide you with the prompt personal attention you need and aggressively advocate on your behalf to get you the settlement or award you need to get back on your feet.
Who is eligible for Workers’ Compensation Benefits.In the State of New Jersey, most employees are entitled to benefits under the Workers’ Compensation law, including part-time employees, employees of small businesses, and employees of the State such as police offices and teachers. The NJ Workers Compensation lawyers at Bross & Frankel have represented employees who have worked in a wide variety of occupations.
Types of Work Injuries.When many people think about a work-related injury, they think about the obvious, traumatic events like falls, construction injuries, heavy equipment breaking down or malfunctioning, motor vehicle accidents, falling objects, and similar sudden events. However, disabilities like carpal tunnel syndrome, neck and back injuries that get worse over time, and other health problems that deteriorate over time from repetitive use, can also qualify for compensation. Frequently, the combined effects of these injuries due to a repetitive work activity can add up to a complete inability to work on a full-time basis. Additionally, psychological illness, or mental health problems brought on by a stressful or hostile work environment may be eligible for compensation. These types of injuries are complex, and the factors that must be met (proving that stressful work conditions, unique to your workplace were the cause of the disability), can be challenging. If you think you may have suffered from occupational stress, or a repetitive use injury, contact our firm for a free evaluation.
Types of Benefits.If you are injured in a workplace accident, you may be entitled to have your medical treatment paid for, including any procedures or surgery related to your injury. You may be entitled to temporary disability benefits while you are unable to work, or an award of permanent disability if your injuries are permanent in nature. Finally, if you are significantly injured, and can no longer work, you may qualify for an award for a total and permanent disability. These most severe injuries can turn your life upside-down, emotionally and financially. Because Bross & Frankel is focused on obtaining disability benefits, our experience as disability advocates can help you assess your claim for total disability. Because of our experience in disability benefits law, we can also help you with any other benefits you may be eligible for if you are unable to return to work due to your injuries.
It is important to know that your employer may not readily volunteer what you are eligible for, so it is important to get your case evaluated by a skilled New Jersey Workers Compensation lawyer to make sure you are receiving everything you are entitled to.
You may be entitled to coverage for any medical treatment related to your injury that is reasonable, proper, and necessary. This may include any doctor's appointments, surgery, physical therapy, evaluations, or other treatment as necessary. This won't include medical treatment for any conditions or impairments you have, but is limited to your work-related injury.
Lost Wages / Temporary Total Disability
If you have been unable to work for more than seven days as a result of your work-related injury, you may also be entitled to "temporary total disability" benefits, which are designed to compensate you for any wages you have lost while you recover from your injury. These benefits would continue until you are released to work by the doctor or when the doctor finds you have reached "maximum medical improvement," meaning additional treatment will not cure or further improve your injury or disease. If your injury is permanent, you may be eligible for an additional award on that basis.
Permanent Partial Disability
If your injury is permanent, but you are able to return to work, you may be entitled to a monetary award, paid directly to compensate you you for your permanent impairment or injury. These benefits would begin once you have been found to have reached maximum medical improvement. Once that occurs, a doctor will provide an evaluation of your impairment and provide a "permanent disability rating." The award is based on a percentage of either a "scheduled," or a "non-scheduled" loss. A "scheduled" loss means that the injury affects the eyes, ears, arms, hands, legs, or feet. In these cases, a schedule, or table, maintained by the State of New Jersey is consulted to determine the appropriate amount of an award. On the other hand, a "non-scheduled" loss, is an injury impacting any other area of the body (such as low back or neck injuries, or internal organs). Links to the current rates and schedule can be found here:
Permanent Partial Benefit Rates
Permanent Total Disability
If a work-related injury or illness renders you permanently disabled (unable to return to any kind of gainful employment), you may be eligible for permanent disability benefits. These benefits are paid for at least 450 weeks, and will continue beyond that point as long as you are able to show that you continue to be disabled. The benefit rate for these benefits is based on 70% of your average weekly wages prior to your injury. These rates are limited by a maximum and minimum amount maintained by the State and available here. Additionally, if you become totally disabled based on a combination of your work-related injury and pre-existing conditions, or conditions that are simply not work-related, you may, nonetheless be entitled to benefits. For cases like these, the State maintains a "Second Injury Fund." In cases like this, the employer would be responsible only for the work-related portion of the award, with the Second Injury Fund paying the portion not related to a work injury.
Voluntary Tender/Bona Fide Offer
In New Jersey Workers Compensation claims, an insurance carrier can make an offer, effectively an advance against any final award of permanent disability benefits. The primary advantage to the insurance carrier is that it may not have to pay attorneys fees on the amount it offers. However, if you receive a voluntary tender, it is still important to consult with an experienced Workers Compensation Attorney to determine whether you are receiving the benefits you deserve.
If you have questions, or would like a free evaluation with a skilled workers compensation lawyer, call our office, or complete the contact form on this page and receive the prompt personal attention you need.