New Jersey Workers’ Compensation Lawyers
If you have been injured on the job in New Jersey, the Reinartz Law Firm can help. It can be difficult to know what to do and where to turn after a work injury. You don’t want to jeopardize your employment, but you need medical treatment and may not be able to immediately return to work.
When you have questions about your work injury, talk to us. Our Workers’ Compensation attorneys represent employees from all industries who have suffered work-related injuries. We will answer your questions and explain your rights.
Recovering from a serious injury is difficult enough without worrying about losing your job and livelihood. Contact the Reinartz Law Firm for aggressive representation for serious work injuries.
What are Workers’ Compensation Benefits?
Workers’ compensation is a form of “no-fault” insurance that provides a package of medical and disability benefits to employees who are hurt on the job. “No-fault” simply means that injured workers receive this package of benefits as of right, without regard as to who was at fault for the injury, so long as they were injured on the job.
There is, however, a tradeoff for receiving these no-fault benefits immediately after a work injury. The tradeoff is that injured employees, with limited exception, are barred from suing their employers for negligence. This bar on separate lawsuits against employers represents the Legislature’s attempt to strike a balance between the State’s mandatory no-fault insurance requirements which protect employees, and the laws that protect employers operating within the State.
About Workers’ Compensation in New Jersey
The New Jersey Division of Workers’ Compensation (DWC) was created under the State’s Department of Labor and Workforce Development in 1911 in order to simplify and protect both workers and employers. Before the DWC was established, any injuries or illnesses that were the result of working conditions were left up to the worker to handle on their own. Employees were forced to sue their employers for negligence if they wanted any help paying medical bills. This process sometimes took years and ended up costing more to both workers and employers than the medical costs alone.
Every employer in the State of New Jersey is required to carry Workers’ Compensation insurance for the benefit of their employees, and all New Jersey employees who suffer work-related injuries or occupational diseases are entitled to workers’ compensation benefits.
You may not know for sure if your injury or illness is covered by workers’ compensation insurance, but the majority of work-related accidents are. We represent clients who have been injured in various workplace accidents on the job, including:
- Worksite injuries
- Catastrophic injuries
- Fall down accidents
- Equipment Defects
- Covered Vehicle Accidents
- Toxic Substance Exposure
- Machinery Defects or Malfunctions
- Repetitive Motion Injuries
What Benefits are Provided by Workers’ Compensation?
Workers’ compensation insurance benefits include paid medical treatment up to the point that the injured employee reaches maximum medical improvement. This includes all ambulatory care, any hospitalization, surgery, and other treatment costs. Additionally, the medical benefits cover the cost of prescriptions and other therapy costs deemed medically necessary by treating doctors. It is important to note that the employer retains the right to choose which doctor or physician will treat the injured worker.
Temporary Total Disability Benefits
When an employee cannot work for more than seven days due to their injury or illness, they will be eligible for temporary total disability (“TTD”) benefits. This means that they are eligible to receive pay that typically equals approximately 70% of their weekly wage. TTD benefits received may not fall below or exceed the certain minimum and maximum levels set by the State. Once the employee returns to work, TTD benefits will cease.
Permanent Partial Benefits
When someone’s injury or illness renders them permanently partially disabled, they may receive permanent partial disability benefits that are paid out on a weekly basis after TTD benefits cease. There are two types of permanent partial benefits, which are based on whether a disability or loss is “scheduled” or “non-scheduled.” A “scheduled” loss includes any disability that hinders the use of arms, hands, feet, legs, fingers, toes, ears, teeth or eyes. “Non-scheduled” losses involve any area that isn’t defined or included in “scheduled” losses. These typically manifest as back injuries, or problems with the heart or lungs.
Permanent Total Benefits
If the illness or injury is so severe that the employee is unable to return to any type of gainful employment, then he or she may be eligible to receive permanent total disability benefits. Permanent total benefits are paid out on a ratio based on the employee’s former level of pay. They are entitled to receive approximately 70% of their former weekly average pay. Like TTD benefits, their weekly compensation may be subject to certain minimum and maximum amounts.
Workers may receive these permanent total benefits for a period of up to 450 consecutive weeks. After those first 450 weeks, they must again prove that they are unable to return to work in order to continue receiving these benefits.
Death benefits are paid to the dependents of a worker who was killed on the job or whose work-related injuries or illness led to their untimely death. These benefits are divided among the individual dependents based on a judge’s determination after hearing the case. Only spouses and children who were living with the deceased worker at the time of death are considered to be eligible dependents.
Any additional family members who were not living with the decedent at the time of death must prove actual dependency to the court before being able to collect a portion of death benefits. This may include parents, grandparents, siblings or half- or step-children.
Additionally, state-mandated death benefits include up to $3,500 to be paid to cover funeral expenses. These funeral expenses are paid to whoever is responsible for paying the funeral bill, whether it is an individual or the estate of the deceased.
How The Reinartz Law Firm Can Assist You
With the Reinartz Law Firm on your New Jersey Workers’ Compensation case, you will have an advocate who will fight for the benefits that you deserve. We assess the unique circumstances of each case to determine the need for temporary or permanent disability benefits and fight vigorously to obtain all benefits that clients are entitled to.
We will also assess the viability of a separate personal injury claim against any third-parties who were responsible for the injury, and we are equipped to pursue such claims. That way, the maximum possible compensation for the injuries is sought.
At the Reinartz Law Firm, we are committed to the fair and just treatment of all New Jersey workers. Call us today at (201) 289-8614 to schedule a consultation for your New Jersey Workers’ Compensation Claim. We are here to help.
Workers’ Compensation FAQ
How New Jersey Workers’ Compensation Works
Steps to File a Workers’ Compensation Claim
Am I Eligible for New Jersey Workers’ Compensation Benefits?
Is My New Jersey Workplace Unsafe?
How Does OSHA Protect New Jersey Workers?
Immigrant Workers’ Rights in N.J.
Can I Sue my Employer in New Jersey for my Work Injury?
How Much Can I Expect From Workers’ Compensation Benefits
What to do if your Workers’ Compensation Benefits are Denied