After a work-related injury, the cost of emergency medical treatment, doctor’s visits, physical therapy, medications, and other treatment can be very expensive. As an injured worker sees these costs add up, the importance of a NJ workers’ compensation case simultaneously increases in importance. However, many employees wonder if the expense of recovering these costs through a NJ workers’ compensation case is going to be just another expense of a work injury.
After years representing injured employees in NJ workers compensation cases, our workers’ compensation firm is accustomed to answering a variety of cost and expense-related questions. If you are hurt in New Jersey, and weighing whether or not to file a NJ workers compensation case, read on. The most common questions we receive are asked and answered below.
What are the Common Costs of a NJ Workers Compensation Case?
The typical costs of a NJ workers compensation case depend on a few different variables. For example, if the case is highly contentious between injured employee and insurance company, then the costs are going to be different from a case that is quickly resolved as a misunderstanding or lack of information to the insurance provider.
While the costs between filing for an informal hearing or formal claim with the New Jersey Division of Workers’ Compensation can vary, neither application requires filing fees. Instead, the majority of expenses are incurred to collect evidence and complete due diligence. Such costs include the expense of sending subpoenas, requesting medical records, deposition fees and …Read More
Quite often, expenses and costs are perceived as a barrier to legal representation and recovery. Admittedly, it is true that participation in the modern day legal system can be costly. However, when it comes to workers’ compensation in New Jersey, the law provides mechanisms that try to ensure an injured employee can afford the costs of filing a claim. Therefore, this post will answer two questions: what costs are associated with a workers’ compensation claim and what mechanisms help alleviate these costs?
Compensation for Your Lawyer
New Jersey limits the amount and process for payment of a workers’ compensation lawyer. This provides safeguards for an injured employee and also ensures the path to recovering workers’ compensation benefits is available to all workers. First, workers’ compensation lawyers in New Jersey are paid on a contingency basis. This means you do not pay your lawyer until a settlement is obtained from the insurance company.
Second, the legal fees are based upon the amount of settlement you receive, as a percentage. Under the law, a workers’ compensation lawyer cannot receive more than 20% of a settlement. Of this amount, the employer is expected to cover 60% and the injured employee 40%. Therefore, if you receive $10,000 as settlement, your lawyer can collect up to $2,000, of which you will pay $800.
Keep in mind, that in order for your lawyer to be paid, you must be awarded a settlement of your workers’ compensation claim by the New Jersey Division of Workers’ Compensation, …Read More