Practice Areas
Workers'
Compensation
New Jersey's workers' compensation system provides guaranteed benefits for workplace injuries — regardless of fault. If you're hurt on the job, you have a right to medical care and wage replacement.
No-Fault
Benefits available regardless of who caused the accident
Medical Coverage
All reasonable and necessary medical treatment covered
Wage Benefits
Temporary and permanent disability payments available
Job Protection
Employer cannot retaliate for filing a workers' comp claim
New Jersey's workers' compensation law ensures injured workers receive prompt medical care and wage replacement without having to prove employer negligence. The system is designed to protect both workers and employers through guaranteed, no-fault coverage.
New Jersey's Workers' Compensation Act, codified under N.J.S.A. 34:15-1 et seq., establishes a comprehensive no-fault insurance system that provides benefits to employees injured in the course of their employment. Under this statute, workers are entitled to medical benefits, temporary disability payments, and permanent disability awards without needing to prove their employer was negligent. The law covers virtually all employees in New Jersey, with limited exceptions for certain agricultural workers, domestic employees, and independent contractors.
Workers' compensation benefits in New Jersey include full coverage of all reasonable and necessary medical treatment related to the work injury, temporary disability benefits equal to 70% of average weekly wages (subject to statutory maximums), permanent partial disability awards for lasting impairments, permanent total disability benefits for workers unable to return to any employment, and vocational rehabilitation services when appropriate. Death benefits are also available to surviving dependents. Medical benefits have no time limit or dollar cap, ensuring injured workers receive ongoing care as needed.
Common challenges in workers' compensation cases include insurance carriers disputing whether an injury is work-related, delays in authorizing necessary medical treatment, inadequate disability ratings that undervalue permanent impairments, and employers or insurers pressuring workers to return to work prematurely. Additionally, workers may face retaliation for filing claims, despite legal protections. Having experienced legal representation helps navigate the complex administrative process, ensures proper medical evaluations, and maximizes benefit awards while protecting against employer retaliation.
The Law
What you
need to know
01
Construction Site Injuries
Falls, equipment accidents, and repetitive strain injuries are common in construction. Workers' comp covers these injuries regardless of safety violations or worker error.
02
Repetitive Stress Injuries
Carpal tunnel, back strain, and other injuries that develop over time from job duties. These gradual injuries are covered just like sudden accidents.
03
Workplace Violence
Injuries from assaults, robberies, or other violent acts at work are typically covered, especially for employees in high-risk occupations like security or retail.
04
Motor Vehicle Accidents
Delivery drivers, salespeople, and others injured in car accidents while working are covered by workers' compensation, even if they caused the accident.
05
Slip and Fall
Falls on wet floors, icy walkways, or cluttered work areas are among the most common workplace injuries covered by workers' compensation.
06
Chemical Exposure
Injuries from toxic chemicals, fumes, or other hazardous substances at work, including long-term illnesses that develop from repeated exposure.
Cases we handle
Common scenarios
What to expect
How the
process works
Report Your Injury Immediately
Notify your employer of the injury as soon as possible, preferably in writing. New Jersey law requires reporting within 90 days, but earlier reporting strengthens your claim. Seek immediate medical attention and tell the doctor the injury is work-related.
File Your Formal Claim
Complete and submit the formal workers' compensation claim petition to the Division of Workers' Compensation. This starts the official process and preserves your right to benefits. Your employer's insurance carrier will be notified and must respond.
Medical Treatment and Evaluation
Attend all medical appointments and follow treatment recommendations. The insurance carrier may require you to see their chosen doctors for independent medical examinations. Keep detailed records of all medical care and how the injury affects your daily life.
Disability Determination
Once you reach maximum medical improvement, a doctor will assess any permanent disability. This rating determines your permanent partial disability award. Insurance carriers often dispute these ratings, making legal representation crucial.
Settlement or Ongoing Benefits
Your case may resolve through a lump-sum settlement or continue with ongoing medical benefits and disability payments. An experienced attorney ensures you receive fair compensation and protects your future medical rights.
Questions
Frequently
asked
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Yes. Workers' compensation is a no-fault system, meaning you're entitled to benefits regardless of who caused the accident. Even if you made a mistake, violated safety rules, or were careless, you can still receive medical benefits and wage replacement.
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You must report your injury to your employer within 90 days, but it's best to report immediately. For occupational diseases or repetitive stress injuries, the 90-day period starts when you knew or should have known the condition was work-related.
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No. New Jersey law prohibits employers from retaliating against employees for filing workers' compensation claims. If you're fired or demoted for filing a claim, you may have additional legal remedies beyond workers' compensation.
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Temporary disability benefits equal 70% of your average weekly wage, subject to state maximum limits. These benefits are tax-free, so your take-home amount may be closer to your regular pay than it initially appears.
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Initially, you may need to see the insurance company's chosen doctor, but you have the right to seek a second opinion and potentially choose your own treating physician. An attorney can help you navigate medical provider disputes and ensure you get proper care.
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Workers' compensation attorneys work on a contingency fee basis, typically taking a percentage of any settlement or award. There are no upfront costs, and if you don't recover benefits, you don't pay attorney fees. The consultation is always free.
Free Consultation
Injured atwork?
Tell us what happened. We'll give you an honest assessment - no pressure, no obligation, and no fee unless we recover for you. We're available by phone or at our offices, and we're happy to meet you wherever is most convenient.
Call Us Directly
(973) 401-0064