Helping Injured Workers Recover The Benefits They Deserve

If you have been injured at work or are suffering from an illness caused by your work environment, you may need legal help to secure or retain your entitled wages and medical benefits. At Fishman & Fishman, LLC, we will defend your rights under the New Jersey workers’ compensation system and guide you through the legal process.

Has Your Workers’ Comp Claim Been Denied?

Regardless of fault, if you were injured while working in the state of New Jersey, you are entitled to workers’ compensation benefits. Whether your injury was a sudden accident or an illness that occurred over time, your benefits will include medical expenses. 

Even if you are no longer employed, you can bring a workers’ compensation claim and collect the same benefits, so long as your injury was related to the job. You can collect benefits for injuries caused by accidents, such as falling down or lifting, or those caused by repetitive motion or exposure to toxic substances.

There are four forms of disability benefits for which you are eligible, depending on the severity of your injury and your ability to work:

• Medical benefits: Subject to the employer’s approval, these benefits may include compensation for office visits, occupational and physical therapy, surgery and prescription medications.Unless an emergency exists or the employer refuses to provide treatment for a work injury, the employer or their insurance company has the right to designate the doctor who will provide treatment for the work-related injury.
• Temporary disability benefits: You may be eligible for temporary disability benefits if you were totally disabled as a result of a work-related injury for seven consecutive days. You will receive 70% of your average weekly wage, subject to a statutory maximum. Union members may be entitled to additional benefits based on their collective bargaining agreement.
• Permanent disability benefits: These are available if you are left with a permanent problem that affects your ability to work or use the part of the body that was injured. You need not be totally, permanently unable to work in order to collect these benefits. However, you may be entitled to lifetime benefits if you are rendered permanently unemployable by their work-related injury or illness. A workers’ compensation lawyer can help you recover the maximum amount of permanent disability benefits that may be available.
• Death benefits: The dependents of a worker who dies as a result of a work-related injury or illness are entitled to benefits, regardless of fault. Spouses and natural children of the deceased worker are presumed to be dependents. However, dependency benefits may be available to other persons, as well, depending on the circumstances.

Moreover, the lawyer’s fee is set by the court at the end of the case based on the amount they recovered on behalf of the client. No fee is paid by the client upfront. Typically, the fee for the attorney’s services is paid partially by the employer’s insurance carrier and partially by the client. However, the insurance carrier is usually responsible for the majority of the fee.

An injured worker is entitled to workers’ compensation benefits regardless of who is at fault for the accident. Even if the accident was the injured worker’s own fault or was nobody’s fault, that individual can receive benefits if the injury arose out of and in the course of their employment. 

We Know Workers’ Compensation In New Jersey

Our attorneys at Fishman & Fishman, LLC, know that injuries can be devastating. If you have suffered an accident on the job or an occupational illness, we can help. We handle a range of workers’ comp cases, including:

• Exposure to dust, fumes and chemicals
• Neck, back and spinal cord injuries
• Amputations
• Broken bones
• Knee injuries and shoulder injuries
• Repetitive motion injuries, including carpal tunnel syndrome
• Lifting injuries
• Heart attacks
• Fatal accidents
• Mental health issues, such as post-traumatic stress disorder

Our firm has represented injured construction workers, including those in ladder and scaffolding falls, as well as workers in numerous other industries.

There Is A Time Limit For Filing Workers’ Compensation Claims

In New Jersey, a person has two years from the date of their accident to file a workers’ compensation claim petition. This time limit may be extended – if the employer has made payments for authorized medical treatment, temporary disability or permanent disability – to two years from the date of the last payment of compensation. 

For occupational claims, a claim petition must be filed within two years after:

• The date on which the claimant first knew the nature of the disability and its relation to employment, or
• The failure of the employer to pay compensation pursuant to the terms of the agreement, therefore, within two years after the last payment of compensation

If a claim is not filed within the appropriate time period, the worker will be forever barred from doing so by the statute of limitations. A workers’ compensation lawyer can help determine if an injured worker still has time to file a claim.

Filing A Personal Injury Claim Alongside Your Workers’ Compensation Claim

Workers’ compensation is designed to be a blameless system. This can be beneficial when an employee is technically at fault for the accident that caused his or her injury. However, an employee is also prevented from taking any further action beyond workers’ comp against his or her employer, even if the employer is clearly to blame for the accident. However, if a negligent third party helped contribute to the accident, it may be possible to pursue additional compensation for a personal injury claim.

A third party is any person or entity that is not your employer or a co-worker. A third party may be:

• Another person, such as a subcontractor or another driver involved in an accident with your work vehicle
• Another business, such as a manufacturer that created a faulty part, machinery or heavy equipment

Because workers’ comp limits your recovery against your employer, it may be possible to file a personal injury claim against a liable third party. A personal injury suit can help you recover additional damages that you are not entitled to under workers’ compensation, such as pain and suffering. 

Our lawyers will thoroughly review the circumstances that led to your workplace injury. We are committed to helping you maximize your recovery and holding all negligent third parties accountable for their reckless actions.

Answering Common Questions About Workers’ Compensation

At Fishman & Fishman, LLC, we are proud to help injured workers with their legal needs and protect their interests. Below, we share some common questions and concerns we have addressed for our clients. We hope this content is a helpful reference for you or a loved one.

What should I do immediately after I’m injured on the job?

You or someone else on your behalf should notify your supervisor or employer of your accident as soon as possible to obtain medical treatment. Please note that treating physicians should be chosen from a list provided by the workers’ comp insurance carrier. Otherwise, insurance may not cover your medical expenses. According to New Jersey law, all employers should have workers’ compensation coverage if not covered by federal programs.

Can I sue my employer if I find out that my employer was responsible for my accident?

You may not be entitled to sue your employer if you receive workers’ comp benefits, as these benefits are granted under the provision that the injured worker will not initiate any civil action against an employer. However, if you can prove that your employer acted intentionally to injure you, then you may consider filing a lawsuit against your employer. 

Other applicable cases where you can file a lawsuit include when a contractor or vendor different from your employer caused your accident. Under such circumstances, it is vital to discuss your options with a knowledgeable and experienced attorney to learn your options.

When do I need a workers’ comp attorney?

In addition to the scenarios under which your employer caused your accident intentionally and those involving vendors or contractors, a reliable and skilled workers’ comp attorney can help you if:

• Your employer denies the payment of your benefits, or your employer retaliates against you for filing for insurance benefits.
• Your settlement is insufficient to cover your expenses and medical bills.
• You suffered severe injuries that might put your capacity to work at risk.

A lawyer can also help you learn your rights and benefits so you can ensure you are receiving fair compensation and have all you need to recover and move forward. 

We Only Collect If You Do

Our attorneys take workers’ compensation cases on a contingency fee basis. That means we only get paid if we help you obtain workers’ compensation benefits. For a free consultation regarding your workers’ compensation benefits or a denied claim, call us toll-free at 888-339-7675 or complete our online form. We serve Cherry Hill, Camden County and the surrounding areas with offices in Lawnside and Hammonton.