Workers' Compensation

If you have been injured on the job in an accident, or exposed to a toxic substance at work that has made you ill, you may be eligible for various benefits under New Jersey's Workers' Compensation program.  The first thing you should do is report the incident to anyone in a position of authority over you at work; the notice need not be in writing. 

Your employer is supposed to report the incident to its workers' compensation insurer, but if it does not, you can file the claim directly with the insurance provider.  If you need medical attention, you should request it from your employer.  New Jersey's workers' compensation law allows the employer or its insurance carrier to select the health care provider. 

Obtaining Benefits

The employer's insurance carrier will examine your claim and determine if you are entitled to benefits.  If you disagree with the decision, you can file a claim with the state's Division of Workers' Compensation.  You have two years from the date you are injured in which to file a claim with the Division.  If your claim for benefits is approved, you can be compensated for any "necessary and reasonable medical treatment," temporary benefits for wages lost during the disability and if applicable, benefits for permanent disability.  The amount of benefits you are entitled to receive depends on the length and severity of your injury and are subject to minimums and maximums.  For the specific amounts and thresholds, please New Jersey Division of Workers' Compensation.  The base rate, however, is that if you cannot work for seven days or more, you are entitled to 70% of your wage. 

Your employer cannot fire you as retaliation for filing a workers' compensation claim.  However, you can be fired for other reasons while you are unable to work.  Additionally, New Jersey law does not prohibit your employer from ending your health insurance while you are collecting workers' compensation benefits.  You may be entitled to protection under the federal Family Medical Leave Act; consult with an experienced workers' compensation attorney to discuss your rights and the protections under various state and federal laws. 

If you have been accidentally injured or become ill due to exposure to toxic substances at work, it is important to consult with an experienced attorney.  Greenberg, Walden & Grossman, LLC is highly experienced in handling workers' compensation claims and dependency claims.  The firm's attorneys can examine your situation and advise you as to your best course of action; in addition to claims with the New Jersey Department of Workers' Compensation, we can examine other avenues for you to recover from your injuries.  Contact Greenberg, Walden & Grossman, LLC today for a free initial consultation regarding your case.