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The simple answer is that if you were hurt during the course of your employment, you most likely have a valid workers’ compensation claim. Do I Still Have A Claim If My Employer Did Not Cause The Accident? In New Jersey, workers’ compensation is basically a no-fault system. In other words, an employee does not need to prove that an…Read More

The N.J. Workers’ Compensation Act provides injured employees with three types of benefits: (1) medical treatment related to the work injury; (2) temporary disability benefits of up to 70% of wages while out of work under the care of a doctor; and (3) an award of permanent partial or total disability benefits if there is objective evidence of a permanent…Read More

Can You Walk Me Through The Process Of Filing A Workers Compensation Claim? 1) NOTIFY YOUR EMPLOYER OF THE INJURY If you are injured at work, you should bring the injury to the attention of a supervisor, to document the incident. The Workers’ Compensation Act provides that unless the employer has “actual knowledge” (such as in witnessing the accident), the employee…Read More

The New Jersey Workers’ Compensation Act provides that temporary disability benefits equaling 70% of the employee’s gross average weekly wages (up to the state maximum rate) shall be paid if the employee is unable to work as a result of a work accident, until he has reached maximum medical improvement from treatment. How Long After a Workers’ Compensation Claim Is…Read More

Both the temporary disability and unemployment programs provide “lost wage” benefits, but for very different reasons. You are generally qualified to receive temporary disability benefits if the authorized physician indicates that you are medically unable to return to work and are receiving active medical treatment. By contrast, you are only eligible for unemployment benefits if you were terminated from your…Read More

What is a Fair Settlement Value for My Permanent Partial Disability Claim? Most claims for partial permanent disability benefits settle somewhere between the estimates provided by the competing medical experts. The dollar value of the claim will depend on several factors, including: Your average weekly wage at the time of the accident. The amount of lost time from work. The…Read More

Injured workers who are totally disabled as a result of a work injury in New Jersey certainly do not live out the remainder of their lives in the lap of luxury. Their weekly benefits are capped at 70% of the average wages they were being paid at the time of the accident, with no cost of living increases. Unfortunately, many…Read More

Your attorney cannot begin the process of negotiating a settlement of your claim until the reports of all of the medical experts who performed permanency evaluations have been received. Thereafter, your attorney and the attorney for the insurance carrier will begin to discuss the nature and extent of your injuries. What Occurs During a “Pre-Trial Conference,” And Do I Need…Read More

You will be disappointed if you expect to see the level of courtroom drama depicted on the big screen in the Division of Workers’ Compensation. While there are always a few moments during any trial which include a surprise question or unanticipated answer, explosive testimony is rare in the Division. How Is the Value of My Claim Effected by The…Read More

There are several areas of the law which may touch the lives of injured workers, but are not covered by the New Jersey Workers’ Compensation Act. The Division of Workers’ Compensation does not have any jurisdiction to decide issues which arise under these areas of the law, although decisions you make surrounding these issues may affect your workers’ compensation benefits.…Read More