When is it Time to Hire a New Jersey Workers’ Compensation Lawyer?
Some workers’ compensation claims proceed rather routinely. The claim gets paid, the worker returns to work, and everyone is happy.
Routine claims are most likely when injuries are minor and when long-term disability isn’t an issue.
You may hope you have a routine claim and can maintain a good relationship with your employer. You might be reluctant to hire a workers’ compensation attorney or to jump the gun too soon.
So while many workers’ compensation lawyers would tell you to secure representation as soon as you’re injured, we understand the reluctance. Instead, we’ll give you several “point of no return” moments that tell you you will need an attorney.
#1) The employer tries to claim the injury didn’t happen at work.
Claiming the injury didn’t happen at work means the employer is trying to claim they aren’t responsible for it, and workers’ compensation shouldn’t cover it.
You will need an attorney to provide the appropriate evidence and to demand your employer meet their obligations.
#2) The workers’ compensation insurance company denies the claim.
Workers’ compensation insurance companies are like any other insurance company. They are looking for reasons to deny every claim they get. They want to sit back and suck up premiums without paying a single claim.
Fighting these companies yourself is almost always a losing battle. A workers’ compensation attorney can help eviscerate all their bogus denial reasons and get your claim back on track.
#3) A pre-existing condition complicates your claim.
New Jersey law says workers’ compensation must pay you when they exacerbate a pre-existing condition.
That does not stop these companies from whining that a pre-existing condition was present, so the injury couldn’t possibly have had a thing to do with your work duties.
If they can’t make that fly, they’ll quibble over how much your injuries were exacerbated.
Avoid critical mistakes by allowing a lawyer to handle these claims.
#4) You’re offered a settlement, but it’s too low.
Insurance companies might offer a lump sum settlement just to shut you up and get you out of their hair. That can be great, but only if the payment covers all your medical bills and legal portion of lost wages.
Don’t accept any settlement offer without talking to a lawyer. While reopener claims are possible, you often close your case the moment you take the check. If you find out later you were under-compensated, there might not be much you can do about it.
As workers’ compensation attorneys, we are experts at valuing claims.
#5) You’re seeking permanent disability benefits.
No workers’ compensation insurance company wants to pay a permanent disability claim. They’re expensive. They will look for any way to deny, delay, or complicate your claim if it means they can wriggle out of responsibility. They’re hoping you’ll give up and go away.
Get help. A lawyer can put a stop to the worst shenanigans.
In addition, a workers’ compensation lawyer can help you protect future SSDI and other public benefits claims by ensuring your permanent disability benefits are handled correctly.
#6) Your boss retaliates against you for filing a claim.
Retaliation is against the law, but that doesn’t stop bosses from trying.
They’ll try to claim that their actions stem from other issues or that you were a lousy employee and they were simply “disciplining” you.
A lawyer can protect your livelihood by challenging these claims.
The same is true if you try to return to work only to find an employer who seems to be trying hard to make you quit.
#7) You discover your business lacks workers’ compensation insurance.
You should be able to recover from the New Jersey Uninsured Employers Fund, but you’ll need help doing it.
Your employer could be subject to fines of up to $5,000 per employee not covered by the policy.
Get Help Today
We’d all love to think our employers will look after us when something goes wrong. For far too many New Jersey residents, the opposite is true.
If you’re struggling with a workers compensation claim, don’t wait. Get help today.
See also:
Can a New Jersey Employer Force You to Return to Work Before You’ve Healed?
What Happens When a Work-Related Injury Exacerbates a Pre-Existing Condition in New Jersey?
