New Jersey Workers Compensation Attorney

If you have been injured while working in New Jersey, you may be entitled to file a workers' compensation claim.  You should consider hiring the Union City Workers' Compensation Attorney Lloyd Bennett, Esq., P.C.  The Law firm of Lloyd Bennett, Esq., P.C. has been concentrating on Union City workers' compensation claims since 1987 and has helped thousands of injured workers receive the compensation they deserve.

An employee or their dependents can receive workers' compensation benefits for an injury or death arising out of and in the course of employment. The employer or their insurance carrier is required to pay for necessary and reasonable medical treatment, as well as loss of wages during the period of rehabilitation. After a formal claim is filed by the Union City Work Injury Lawyer, Lloyd Bennett, Esq., P.C.,  benefits will be paid for permanent disability.

Frequently asked Workers’ Compensation Questions

Can I file a claim even if I caused my own injury?
Yes, under the Workers’ Compensation Statute, it doesn’t matter who caused the accident.  You are covered even if you caused the accident in which you were injured, as long as the accident occurred during to course of employment.

What must I do if I was injured on the job?
You must notify your employer as soon as possible. The notice may be given to the foreman, supervisor, personnel office, or anyone in authority at the employer's place of business. Notice should be, but does not have to be, in writing.  Thereafter, contact the Workers' Compensation Attorney, Lloyd Bennett, Esq., P.C.

How do I get medical treatment for my injuries?
If you need medical treatment, a request should be made to your employer as soon as possible. Under Union City workers' compensation law, the employer and/or their insurance carrier can select the physician(s) to treat you for work-related injuries. If you are not treated at the authorized treatment center, you may have to pay the bill.

I do not like the doctor to whom I was referred by my employer’s insurance company. What recourse is available to me?
The workers' compensation law in Union City gives the employer the authority to select the medical professionals to provide care to an injured worker. However, if the employer refuses or neglects to provide services reasonable and necessary to cure and relieve you of the effect of the injury or restore function where possible, you may take action by filing a Motion for Medical and/or Temporary Disability Benefits and a Workers' Compensation judge will decide whether you need additional treatment.

What if the Employer refuses to cooperate?
You should contact the Union City Workers' Compensation Lawyer, Lloyd Bennett, Esq.

Do I really need an Attorney to represent me, and what is it going to cost me?
Having an attorney represent your interests will insure you receive all that you are entitled to receive from the Insurance Carrier.  We will file a formal claim petition with the New Jersey Division of Workers’ Compensation after you have concluded medical treatment.  Thereafter, you may be entitled to an award that will be granted by a Workers’ Compensation judge.  The legal fee is contingent upon recovery, which means that if there is no recovery there is no legal fee owed.  The total fee is 20% of any money awarded to you.  You will pay approximately 40% of the fee. The Insurance Company pays us 60% ; this does not affect your money.

Who decides whether I will to receive workers’ compensation benefits?
Your employer’s workers’ compensation insurance carrier or your employer, if they are self-insured, will investigate your claim and make a determination as to your eligibility to receive temporary workers’ compensation benefits.   Our firm will also review the case and make a determination as to whether you are entitled to benefits and a Workers' Compensation judge will also make a decision in certain cases.

While I was out of work as a result of a work-related injury, my employer terminated me. Is such termination permissible?
The Workers’ Compensation statute prohibits the termination of an employee in retaliation for filing a workers’ compensation claim or for testifying at a workers’ compensation hearing. If you feel you were terminated for these reasons contact the Union City Workers’ Compensation Lawyer, Lloyd Bennett, Esq., P.C.

The workers’ compensation doctor has released me for light duty work, but my employer advises that there is no such work available. What can I do? 
If light duty work is not available, you should continue to receive temporary disability benefits until you reach maximum medical improvement.    If you have any questions, you should contact the Union City Workers’ Compensation Attorney Lloyd Bennett, Esq., P.C.

I have two jobs, one full time and the other part time. I was injured on the part-time job, and because of the injury I am also unable to work at the full-time job. Can I collect workers’ compensation benefits from my full-time job?
No. Since you were injured on your part-time job, any workers’ compensation benefits will be based on that employment alone.

Are workers’ compensation benefits taxable?
Workers' compensation benefits are not taxable

What if I recover money from a third party as a result of my injury?
The Union City Workers’ Compensation Law entitles the employer and/or their insurance carrier to receive a credit for amounts recovered from a third party causing a compensable work related injury. This provision is intended to prevent the recovery of duplicate benefits for the same injury and disability.

I have a serious job injury that will prevent me from returning to my job forever.  Are there any retraining services offered that can help me in this situation?
The State of New Jersey has a Division of Vocational Rehabilitation that will help individuals with disabilities who are having trouble finding or holding a job because of their disability. They will provide retraining.  If you have a disability that is preventing you from working, you may wish to submit a referral for services.   For more information, contact theUnion City Job Injury Attorney, Lloyd Bennett, Esq., P.C.

BENEFITS

What kind of benefits am I entitled to receive?
An employee or his/her dependents can receive workers’ compensation benefits for an injury or death arising out of and in the course of employment. The employer or its insurance carrier pays for the necessary and reasonable medical treatment, temporary disability benefits in place of wages lost during the period of disability, and when documented, benefits for permanent disability.   For questions, contact the Union City Job Injury Lawyer, Lloyd Bennett, Esq., P.C.

How much are the benefits for loss of wages?
If you are disabled for a period of more than seven days, you will be eligible to receive temporary disability benefits a rate of 70% of your average weekly wage, not to exceed the maximum rate or fall below the minimum rate set by statute in effect during the year of accident. These benefits are provided during the period when you are unable to work and under active medical care. Benefits are usually terminated when you are released to return to work in some capacity and/or if you reach maximum medical improvement (MMI). MMI is a term that is used when additional treatment will no longer improve the medical condition of the injured worker.   If you have questions about your benefits or rate, contact the Union City Workers’ Compensation Attorney, Lloyd Bennett, Esq., P.C.

Can I also collect NJ State Temporary Disability Benefits (TDB) due to a job-related injury?
Work-related injuries or illnesses are not compensable under the Union City Temporary Disability Benefits Law. However, if you are claiming workers' compensation benefits and the claim is contested by the Workers' Compensation insurance carrier, temporary disability benefits may be paid pending resolution of a formal WC claim petition. A lien is filed by the Disability Insurance Service to protect its subrogation rights against any subsequent Workers’ Compensation award.

TIMELINES

How long must I be out of work before I am eligible to receive workers’ compensation benefits?
By law, you must be unable to work for seven days (including weekends and holidays) before you are eligible for temporary disability benefits. Benefits are retroactive to the first day. The seven days need not be consecutive.
Please note that there is no similar waiting period to receive medical benefits or permanent disability benefits. Those benefits are due, if warranted, regardless of the number of lost work days.    If you are not receiving the benefits you deserve, contact theUnion City Job Injury Lawyer, Lloyd Bennett, Esq., P.C.

What are the time limits for filing a claim with the Division?
There is two-year statute of limitations that applies to workers' compensation cases.  A formal claim petition must be filed within two years of the date of injury or the date of last payment of compensation, whichever is later.  Medical treatment authorized by the employer is considered a payment of compensation.  In cases of occupational illness, for example, asbestosis, lead poisoning or hearing loss, the claim petition must be filed within two years from the date you first became aware of the condition and its relationship to employment.  Please note that the filing of an application for an informal hearing without a lawyer does not stop the two-year statute of limitations from running.

How long do I have to wait before I receive benefits from my employer or their insurance carrier?
Generally, you can expect to wait two weeks before receiving temporary disability benefits.  If your employer or their insurance carrier unreasonably and negligently delays denial of a claim, they may be liable to you for an additional 25% of the amounts due, plus any reasonable legal fees incurred in relation to the delay.  A delay of 30 days or more is presumed to be unreasonable.    If you have not received your benefits, you should contact the Union City Job Injury Attorney, Lloyd Bennett, Esq., P.C.

LITIGATION PROCESS

I was awarded Disability Benefits by a Workers’ Compensation judge. When will I receive my benefits?
The Workers’ Compensation Insurance carrier has 60 days in which to process the payment, after which time you may be entitled to receive simple interest on the delayed payments. However, it is more realistic to expect receipt of your initial payment within 6 to 8 weeks from the date of the execution of the judge’s order.  

I was awarded Disability Benefits by a Workers’ Compensation judge, and my condition is getting worse. What can I do?  
You have two years from the date of last payment of your award or last payment of a medical bill to reopen your case, unless it was settled pursuant to §20, which is a final dismissal.  To reopen your case, you must contact the Insurance Carrier or the Union City Work Injury Attorney, Lloyd Bennett, Esq., P.C.

TOTAL DISABILITY AND SECOND INJURY FUND

What is the Second Injury Fund? Who is eligible?
First established in the 1920s, the Second Injury Fund is intended to promote the hiring of disabled individuals and to reduce the potential costs of Workers’ Compensation awards for employers for injuries or conditions pre-existing the last compensable work-related accident. This is done by the Fund assuming payment of permanent disability benefits after an initial period during which the employer or his insurance carrier makes these payments.

To be eligible for Fund benefits, an individual must be totally and permanently disabled as the direct result of a work-related injury in combination with a pre-existing permanent partial disability. It is not necessary that the pre-existing permanent partial disability be work related.   The Union City Work Injury Lawyer Lloyd Bennett, Esq., P.C. can help.

Are Second Injury Fund benefits paid in addition to regular compensation benefits?
No. Fund benefits are in the same amount as those received from the employer or the employer’s insurance carrier and begin when the employer’s obligation to make benefit payments cease.   

How long are Second Injury Fund benefits payable?
Fund benefits are potentially paid during the lifetime of the injured worker so long as the injured worker remains totally and permanently disabled and unemployed. Benefits cease upon the death of the worker.  Death, funeral and dependents’ benefits are not payable from the Fund.

Can I work and collect Second Injury Fund benefits?
Yes. However, after the first 450 weeks of benefits for total and permanent disability, wages from employment will be used to reduce your benefit amount. The reduction is based upon the percentage that your current earnings bear to those at the time of your being declared totally and permanently disabled. The Union City Work Injury Attorney Lloyd Bennett, Esq., P.C. can help.

Please note that employment which calls into question your continuing disability may give rise to a reevaluation of your medical condition and possible removal of benefits.