Passaic County Workers’ Compensation Lawyer

Sustaining an injury on the job can be an incredibly stressful experience, and if this has happened to you, you should strongly consider retaining the services of a knowledgeable Passaic County workers’ compensation lawyer who can work to ensure that you receive the benefits you deserve and need to heal and rejoin the workforce once again. Contact the Law Offices of August R. Soltis to learn more about how we can assist you.

Why Hire a New Jersey Workers’ Compensation Lawyer?

We aggressively defend the rights of hard-working individuals who have been hurt on the job. We help injured workers navigate the complicated workers’ compensation insurance claim process, from filing a workers’ compensation claim and choosing a doctor to understanding workers’ compensation benefits or submitting wage and hour claims. We prepare for every case as if we are going to trial, and we have no hesitation to do so if needed, which motivates opponents to settle out of court, and with a sizable amount.

After your workplace accident, you and your family probably have a lot of questions about your injury. Our Passaic County personal injury lawyer understands New Jersey’s labor laws, and we understand what you’re going through.

Do I Qualify for Workers’ Compensation in New Jersey?

If you’ve been injured on the job in New Jersey, you may be entitled to workers’ compensation benefits—but qualifying for these benefits depends on a few key factors. First, you must be classified as an employee rather than an independent contractor, as New Jersey’s workers’ compensation system generally does not cover independent contractors. Second, your injury or illness must have occurred in the course of your employment. This means the injury must have happened while you were performing work-related duties, whether at your job site, off-site for work purposes, or even during work-related travel.

Additionally, it is not necessary to prove that your employer was negligent for you to receive benefits. Workers’ compensation is a no-fault system, meaning that as long as your injury arose from your employment, you can typically receive benefits—even if the accident was partially your fault. However, exceptions exist; for example, injuries sustained due to intoxication, horseplay, or intentional self-harm may disqualify you from receiving benefits.

New Jersey law requires employers to carry workers’ compensation insurance, so if you were injured while working for a company that has employees, you should be covered. If your employer does not have workers’ compensation coverage, you may still have options for recovering benefits through the Uninsured Employer’s Fund. A knowledgeable Passaic County workers’ compensation lawyer can evaluate your situation and help you understand your legal options.

Filing Your Workers’ Compensation Claim

Filing a workers’ compensation claim in New Jersey involves several steps, and following them correctly can make the difference between a smooth claim process and unnecessary delays or denials. Here’s what you need to do:

1. Report Your Injury Immediately: You must notify your employer as soon as possible after sustaining a work-related injury or discovering an occupational illness. While New Jersey law gives you up to 90 days to report an injury, reporting it immediately strengthens your claim and avoids disputes. Your notification can be verbal, but written notice is always recommended.
2. Seek Medical Treatment: Your employer or their workers’ compensation insurance provider has the right to select your treating physician. If you seek treatment from a doctor not authorized by your employer (except in emergencies), your medical expenses may not be covered.
3. Employer Files the Claim: Once your injury is reported, your employer should notify their workers’ compensation insurance carrier, who will then file a First Report of Injury with the New Jersey Division of Workers’ Compensation.
4. Insurance Investigation & Benefit Approval: The insurance company will review your claim and determine whether to approve benefits. If approved, you should begin receiving medical treatment and temporary disability benefits if applicable.
5. If Your Claim is Denied, Take Legal Action: If your employer or their insurer denies your claim or disputes the extent of your injuries, you have the right to challenge the decision. You can file a formal claim petition or request an informal hearing with the New Jersey Division of Workers’ Compensation to resolve the issue. A skilled workers’ compensation lawyer can guide you through this process and advocate for the benefits you deserve.

Workers’ Compensation Benefits

If your workers’ compensation claim is successful, you may be entitled to several types of benefits under New Jersey law, including:

• Medical Benefits: Your employer’s insurance must cover all necessary and reasonable medical treatment, including doctor visits, surgeries, medications, and rehabilitation. However, treatment must be provided by an employer-authorized physician unless it’s an emergency.
• Temporary Disability Benefits: If your injury prevents you from working for more than seven days, you may receive temporary total disability (TTD) benefits. These benefits cover 70% of your average weekly wage, subject to state minimum and maximum limits, and continue until you reach maximum medical improvement (MMI) or are able to return to work.
• Permanent Partial Disability Benefits: If your injury results in permanent impairment but does not completely prevent you from working, you may be eligible for permanent partial disability (PPD) benefits. The amount depends on the severity of your disability and which body part is affected, based on the New Jersey Schedule of Disabilities.
• Permanent Total Disability Benefits: If your injury leaves you completely unable to work, you may qualify for permanent total disability (PTD) benefits, which initially last for 450 weeks but can continue beyond that if you remain unable to earn wages. These benefits are calculated at 70% of your pre-injury wages, subject to state limits.
• Death Benefits: If a workplace accident results in a worker’s death, their dependents may receive death benefits, including weekly payments equal to 70% of the worker’s wages (distributed among dependents) and up to $5,000 in funeral expenses.

The workers’ compensation system is designed to protect injured employees, but insurers often try to minimize payouts. If you are struggling to secure the benefits you deserve, the Law Offices of August R. Soltis is here to help.

Contact a Northern New Jersey Workers’ Compensation Lawyer

If you are facing challenges caused by a job-related injury, illness, or disability, our experienced Passaic County workers’ compensation lawyer can help you get the financial benefits and rewards you need to reclaim your life. You’ve worked hard to support your family. Now, we will fight hard for you so that you can focus on what matters the most. Contact the Law Offices of August R. Soltis today to schedule your initial consultation with our firm.