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Workers Compensation FAQ

General Questions

What should I do if I am hurt on the Job?

Under the New Jersey Workers’ Compensation Act an employee is required to report any work related injury within 90 days of the date of the accident.

  1. Report your injury immediately to your employer. Report your injury even if you don’t believe you are seriously or significantly injured. Report the incident to your supervisor, human resources or union representative immediately.
  2. Complete an accident or incident report. Attempt to obtain a copy of any accident or incident report if possible.
  3. Request that your employer direct you to an appropriate medical provider. If your employer refuses to provide medical treatment, be sure to seek medical treatment on your own. Be sure to notify your employer about where you sought treatment.
  4. Request that your employer provide you with the name of your employer’s workers’ compensation insurance carrier.
  5. Contact Albert J. Talone, LLC at 856.234.4023 to schedule a free and confidential initial consultation or complete an online contact form at http://www.talonelaw.com.

What benefits am I entitled to under the Workers' Compensation Act?

Under the New Jersey Workers’ Compensation Act you are entitled to three benefits: Temporary Disability Benefits, Medical Benefits, Permanent Partial Disability benefits.

  1. Temporary Disability Benefits- Your employer and/or employer’s insurance carrier is obligated to pay you 70% of your gross weekly wages up to the maximum rate for time lost from work. You must also be out of work a total of seven days before you are entitled to receive temporary disability benefits. The maximum rate is set each year. You must have a written medical report or a prescription signed by your physician that authorizes you to be out of work for a particular period of time. If your treating doctor advises that you can only work light duty, your employer must provide you with a light duty position or if they do not have a light duty position, they must keep you out of work and continue to pay you temporary disability benefits until you are either discharged from treatment or are able to return to full duty.
  2. Medical Benefits- Your employer is to provide all reasonable medical care and treatment with physicians of their choosing. A doctor chosen by your employer to treat your work related injuries is call and “authorized treating physician”. The workers’ compensation insurance carrier is responsible for paying all medical bills associated with authorized treating physicians. If you fail to treat with an authorized treating physician, you may be personally responsible for all medical bills arising from “unauthorized treatment”. The workers’ compensation carrier will provide you with authorized medical treatment until you have reached maximum medical improvement (MMI). Maximum medical improvement means that you will not benefit from further medical treatment.
  3. Permanent Partial Disability- You may be entitled to either temporary total disability benefits and/or permanent partial and/or permanent total disability benefits if there is medical evidence that demonstrates that you have sustained functional restrictions and that there has been a material lessening of your working ability and impairment in you normal pursuits of life. Your recovery will be calculated using a Schedule of Disabilities effective for the year of your injury. Your recovery will be paid in either a lump sum payment or a combination of a lump sum payment and weekly/monthly payments set for a definitive period of time.

Can I be fired if I file a workers' compensation claim?

NO. It is against the law for an employer to harass or otherwise discriminate against an employee who as claimed or attempted to claim workers‘ compensation benefits.

Am I eligible for workers' compensation benefits?

You are eligible for workers’ compensation benefits from the moment you are hired for a job. Your entitlement to workers’ compensation benefits is not based on the size of your employer or the length of your employment.

Am I entitled to workers' compensation benefits if the injury was my fault?

YES. New Jersey law states that an accident arising out of an in the course of employment are compensable without regard to the negligence of the employer in all cases except when the injury or death are intentionally self inflicted or when intoxication either by alcohol or drugs is the natural and proximate cause of the injury.

How long do I have to file a workers' compensation claim?

The Statute of Limitations or the time period in which you must file a claim for New Jersey workers’ compensation benefits is two (two) years. You must file a claim within two years from the date of accident, date of last authorized medical treatment, or date of last workers’ compensation benefits paid to you, whichever is later.

How does the attorney get paid?

Workers’ compensation fees are on a contingent fee basis fixed by the Judge of Compensation. Fees cannot exceed 20% of your recovery. A portion of the attorney fee is paid in part out of your settlement proceeds and in part by the workers’ compensation insurance carrier. If you may no recovery, the attorney doesn’t get a fee.

Are there additional costs associated with my case?

Expenses come out of the recovery at the end of your case. Expenses are different depending on the case. Some common expenses are costs of medical records and reports as well the costs of medical examinations and testimony of doctor’s in the event your case goes to trial. The Judge of Compensation will award these costs at the conclusion of your case.

When I meet with the Attorney, what information do I need to be able to provide?

In order to file your claim for workers’ compensation benefits a Claim Petition must be filed with the State of New Jersey, Department of Labor and Workforce Development, Division of Workers’ Compensation. In order to assist the attorney in completing the Claim Petition, you must be able to provide the following information:

  1. Name, address, date of birth and social security number;
  2. Name and address of your employer;
  3. If available the name and address of your employer’s workers‘ compensation insurance carrier and any claim number that you may have;
  4. The date of accident or occupational exposure, the location where the injury occurred, a description of how the injury occurred;
  5. The date you stopped work and the date you returned to work;
  6. The date you reported your injury to your employer and to whom;
  7. A description of your occupation and/or type of work;
  8. The amount of your gross weekly wages;
  9. The names and address (if possible) of all the medical providers you have seen to date.

How long will my case take?

Your case can not be resolved until you are discharged from treatment and attend permanency evaluations. Permanency evaluations are evaluations arranged to ascertain whether you have sustained any permanent disability as a result of your work related injuries. Your attorney will schedule you for a permanency evaluation as will the attorney for the workers’ compensation carrier. Once reports are received and exchanged settlement negotiations and conferences will proceed. Typically, a workers’ compensation claim resolves within one year from the date you are released from treatment.

What can I do to help move my case?

The best way to help the attorney handle you case is to keep in touch. You should advise the attorney every time you see a new doctor, undergo a diagnostic procedure or undergo a surgery. You should also advise your attorney when you are discharged from medical treatment. It is imperative that you do not miss any schedule appointments. If you do so, your case will be delayed. Lastly, you should always provide updated contact information including, addresses, phone numbers and emails so that the attorney can keep in contact with you about the status of your case also.

Municipal Court

For all cases in the Municipal Courts of New Jersey, you have the following rights:

  • The right to know the accusation against you
  • The right to remain silent concerning your accusation
  • The right to retain an attorney
  • The right to prepare a defense and subpoena witnesses to testify on your behalf
  • The right to testify or not testify on your behalf
  • The right to a trial

In Municipal Court, you are not entitled to a jury trial. Your case is heard before a Judge only. It is the state’s burden to prove beyond a reasonable doubt that you committed the crime as charged. If the state does not meet its burden, the judge will determine that you are not guilty.

If you have been charged with a Municipal Court summons, contact Albert J. Talone, LLC. An attorney will explain the charges against you and the possible penalties.

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The Law Office Of Albert J. Talone
The Law Office Of Albert J. Talone is committed to providing for those with Workers Compensation cases throughout New Jersey.
302 N Washington Ave #101
Moorestown
New Jersey
08057
United States

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