Camden County Workers’ Compensation Lawyers

When you are unable to work because of a job-related injury or illness, you need answers to important questions like: Who will pay for my medical expenses? Can I choose my own doctor? How quickly will I start receiving my wage benefits? Am I eligible for any additional benefits? What happens if my claim is denied?

Each state requires that certain businesses carry workers’ compensation as a benefit to help those employees injured on the job or while performing a job function. The goal is to protect workers who do sustain injuries from falling into a significant financial hole because of it.

Unfortunately, not every company or their insurance are flexible or accommodating when it comes to workers’ compensation. There are those that will attempt to dissuade you from moving forward on your claim for a variety of reasons.

You should not allow them to dictate the success of your claim. When you find resistance from your employer or their insurance over your claim, reach out to a Camden County workers’ compensation lawyer who can help you confront your company or with appealing a denied claim.

What is Workers’ Compensation?

Workers’ compensation is a state-mandated insurance benefit that companies must provide for their employees to defray the costs associated with injuries that occur at work. Most businesses must offer the insurance although there are exceptions.

The benefit is a nation-wide one however it is administered by the state and as such the specifics of it and what is covered can vary state-by-state. Many companies rely on outside insurance companies to manage most of not all workers’ compensation claims. In those instances, it will be that entity you will be dealing with if you have an accident.

It is a no-fault benefit meaning that a person can collect on the insurance even if they were directly responsible for the accident that caused their injuries. The tradeoff for this benefit is it absolves the company from any liability involved. In other words, you will be prohibited from filing a claim against your company for any role they had in the accident even if it was on their grounds.

What Benefits Are Available Through Workers’ Compensation?

The goal of workers’ compensation is to protect an individual from significant financial hardship should they sustain an injury or contract an illness due to circumstances or conditions at work. While these benefits will not cover all your expenses, they will cover a significant portion of them.

The benefits of workers’ compensation include:

Medical expenses: All doctors visits and treatment that you undergo in connection with your injury are covered under Workers’ Comp including all tests, surgeries, therapies, medical equipment, and prescription drugs. When you are undergoing treatment, be sure to keep all copies of your bills and notes from the doctor to file as a part of your claim.
Temporary total benefits: These are paid if your work injury prevents you from returning to work temporarily. These are also calculated as 70 percent of your pre-injury average weekly wage.
Permanent partial disability benefits: These are paid as a percentage of certain non-scheduled or scheduled losses if you suffered a permanent work injury that still allows you to perform minor work. This means that a specific value is assigned to scheduled losses, such as a finger, hand, arm, toe, foot, leg, eye, or ear. Unscheduled losses are those are not specifically listed, such as the back, heart, or lungs. These benefits are paid weekly after the temporary disability ends.
Permanent total disability benefits: These are available if your injury or illness is so severe that you are permanently incapacitated and cannot return to work. These benefits are paid at 70 percent of your average weekly wage for a total of 450 weeks. If you can prove that you are still unable to earn a living, your benefits can continue. Weekly benefits cannot be greater than 75 percent of the average weekly wage that is paid statewide.
Death benefits: There are those instances when a person dies because of the injuries they sustained at work. In those instances, workers’ compensation will pay a specific amount to the surviving family members. The amount for one dependent is about 50 percent of the deceased person’s salary. The amount increases five percent for each dependent left behind up to 70 percent of the deceased worker’s wages for a maximum of 450 weeks from the date of death.

Your payments should begin to arrive not long after your workers’ compensation claim has been approved. The timing of that will vary depending on how accommodating your company or their insurance are with you.

Who Qualifies for Workers’ Compensation?

In New Jersey, the Division of Workers’ Compensation manages the workers’ compensation for the state. To keep employees aware of the benefits offered in this program, employers are required to post information about their workers’ compensation insurance in a location that all the employees can see. In addition, the company is responsible for establishing the procedures for an employee and manager to follow should there be an accident. These procedures should be clear and concise.

Those companies that hire employees who are not exempt because of their status are required to carry workers’ compensation. Companies that are associated with the federal government are exempt as their Workers’ Comp programs are managed by the federal government.

Executives, housekeepers, certain salaried employees who provide professional services, and independent contractors cannot be covered by workers’ compensation insurance.

Anyone who is injured while working or taking part in an activity associated with work is eligible to collect on the benefits. Since it is no-fault, a worker can still collect on the insurance even if they are responsible for the accident. However, they could be denied if the accident occurs because they were participating in an activity that was unrelated to work. For instance, if they got injured on a machine because they were in a physical altercation with another co-worker or using a machine for purposes other than work.

You do not necessarily have to be injured at the physical location of your company’s business to remain eligible for workers’ compensation. If you are transporting materials to a job site and are injured in a car accident, you can still collect. You are still eligible if you are running an errand for your boss and get hurt at another location.

What is the Process for Filing a Claim?

There is a formal process for when you wish to file a workers’ compensation claim starting immediately after you sustain your injury at work. Your employer should provide you with the procedure, but in case they do not, here are the steps you should take.

The first step is to report your accident to your employer, who will then report it to the workers’ compensation insurance carrier. The insurance provider will then fill out a First Report of Injury form and submit it to the New Jersey Division of workers’ compensation within 21 days of the report of the accident. Upon submission of this form, it will signify the commencement of your workers’ compensation claim.

Even though the claim is out of your hands at this point you should not take a passive approach about it and assume that it will all work out. Make sure to constantly check on the status of your claim to ensure that the process is continuing and there are no delays. This keeps the process moving and makes sure they are not deliberately stalling.

The insurance company will conduct its own investigation on the merits of your claim before deciding to accept or reject it. If accepted, you will see your first check arrive soon afterward.

If you claim is denied the process could drag on for much longer depending on how you wish to proceed. You have the right to appeal the decision and two options available to you through the Division of Workers’ Compensation in New Jersey. Your two options are:

Formal hearing: This is requested through a Claim Petition within two years of your accident or the last date you received compensation from the insurance company, whichever is later. During a formal hearing, you will be assigned a judge based on the county that you live. If you are from out of state, the judge will come from the county where your employer is based. The overall process is long and will take about six months. Like a trial, in a formal hearing both sides will present evidence in the form of witnesses and other documents. A judge will then issue their written ruling rejecting or accepting the claim.
Informal hearing: To request this method you will do so through an Application for an Informal Hearing. This option only takes a few weeks. Similar to a formal hearing a judge will hear evidence on your case, which could take multiple hearings. In the end the judge will issue a recommendation which either side may accept or reject.

If you are not content with the recommendation that comes out of the informal hearing, you can have the matter heard in a formal hearing. If you disagree with the judge’s written ruling in that venue, you can then appeal it to the state courts of New Jersey in the Appellate Division of the Superior Court.

How Can a Lawyer Help in My Case?

For a process that is designed to be simple and clear-cut, you may wonder why it would be necessary to hire a workers’ compensation lawyer to manage your claim. A lawyer has the experience in these areas to know how it should proceed and if an insurance company is being forthright or attempting to subvert the system.

There are a few specific reasons why hiring a lawyer makes sense for workers’ compensation cases. Those reasons are:

Develop evidence: A lack of medical documentation is the most common reason a claim is denied. Even though you might have undergone the necessary treatment, if you do not have the documentation to back it up, you could be facing the prospect of paying for them yourself. A lawyer will help by collecting and compiling the medical evidence required including reports doctor opinions and they will represent you if you are called to testify during a deposition.
Negotiate settlement agreements: When it comes to negotiating a settlement with your employer’s insurance company, your lawyer is in the best position to do so because they will know the true value of your case. They also know the tactics that many insurance companies will use and will not be intimidated and push to get the best offer for their client.
Represent you: If a settlement is not reached, the case could go before a judge, and you will need a person with experience in a trial setting to handle your case. Not only will they be armed with the background of your case, but they will know how to present this information in a compelling way to try to persuade a judge to rule in your favor.
Provide advice: There are other options to obtain compensation outside of workers’ compensation. There is room for third-party liability suits against other parties not involved with your company that could hold a level of liability for your accident. A lawyer can advise you about these options and the feasibility of pursuing them so that you do not miss compensation owed to you.

When You Have Questions, We Have Answers

At Pietras Saracino Smith & Meeks LLP, we handle workers’ compensation claims exclusively. Christopher J. Saracino has been Certified as a workers’ compensation Law Attorney by the New Jersey Supreme Court. He is one of only 120 attorneys state-wide to hold that designation and one of only 26 to hold that designation in Camden County.

Our attorneys appear in court daily and in every single District Office in the New Jersey Division of Workers’ Compensation. The attorneys at Pietras Saracino Smith & Meeks LLP have earned a reputation for being aggressive advocates for our clients. We take the time to thoroughly document all the ways in which your injury or loss has affected your life to make certain that you recover all the benefits that you deserve.

Pietras Saracino Smith & Meeks LLP is Different

Workers’ compensation is all we do every single day. Our attorneys have a combined 140 years of workers’ compensation trial experience in New Jersey. Think about that for a moment before choosing an attorney to represent you.

Many employers choose us for their representation because of the results we have consistently achieved in handling serious New Jersey workers’ compensation claims on their behalf. Our Camden County work injury lawyers would be honored to do the same for you. When you have been injured at work or you suffer from a condition related to your employment in New Jersey, we will be on your side all the way.

No Fee Unless We Recover Compensation for You

We offer free consultations in person at our Cherry Hill, New Jersey office. If your injuries prevent you from coming to us, then we will come to you. All workers’ compensation cases for injured workers are handled on a contingency basis, meaning you will not pay any attorneys’ fees at all unless our Camden County work injury lawyers secure a recovery on your behalf.

Our Camden County Workers’ Compensation Lawyers Are Powerful Advocates for Injured Workers

Call Pietras Saracino Smith & Meeks LLP at 856-761-3773 today to arrange a free consultation with an experienced and highly skilled Camden County workers’ compensation lawyer or contact us online. Our office is conveniently located in Cherry Hill, New Jersey, and we serve clients throughout the area, including those in Burlington County, Camden County and Gloucester County.