New Jersey Workers’ Compensation FAQs
Following a work-related injury or illness, workers can have lots of questions about whether they are entitled to workers’ compensation and, if so, what they need to do to get benefits. Answering some common questions about the workers’ compensation system in New Jersey, the following provides helpful information for anyone pursuing these claims.
For answers specific to your situation, as well as essential legal advice and effective advocacy for a claim, contact Middlesex County Workers Compensation Lawyer James A. Hicks.
Hurt on the Job? Diagnosed with an Occupational Illness?
Call (732) 767-1300 or Email Us
for Important Answers about a Workers’ Compensation Claim
When you contact the Law Office of James A. Hicks, LLC, you will not be filtered through a non-lawyer associate. Attorney James A. Hicks answers his own phone and promptly responds to all voicemails and emails. He is ready to discuss your situation, answer your questions and provide you with superior advocacy.
What Is Workers’ Compensation?
Workers’ compensation is a system that provides benefits to those who have been injured while working. This can include benefits for medical expenses and lost wages, which may be paid by the employer or its workers’ compensation insurance provider.
In exchange for benefits, workers forfeit the right to sue the employer for the injury (but they maintain the right to sue any third parties, such as contractors, if their negligence contributed to the injury).
Workers’ compensation systems vary by state. New Jersey has a “no-fault” workers’ compensation system, meaning that workers can be entitled to benefits even if they may have contributed to their own injuries. New Jersey law also requires all employers to have workers’ compensation insurance or receive approval to be self-insured.1
Am I a “Covered Worker”?
Those who work in New Jersey in exchange for wages are covered by workers’ compensation. If an employer, in violation of the law, does not have workers’ compensation insurance, injured workers may be able to file claims for benefits with the Uninsured Employers Fund (UEF).2
Do I Need to Report a Work Accident or Injury?
Yes. After a work accident or injury occurs, you need to report it to the on-site authority, like a supervisor, for example. This report, which can be submitted verbally or in writing, should be made as soon as possible in order to avoid potential problems with a future workers’ compensation claim.
By law, however, workers in New Jersey have 90 days (from the date of the accident or the date on which the injury is discovered) to file this report.
Who Determines Whether I Get Benefits?
Your employer or your employer’s insurance provider will handle your claim and determine whether you are entitled to benefits.
If an employer or insurer wrongfully denies a claim, it’s possible to appeal the claim denial. Here are some important tips for injured workers on how to minimize the risk of claim disputes and denials.
How Much Will My Workers’ Compensation Benefits Be?
Benefits can vary, according to the severity of the injuries, the amount of time out of work and a worker’s wages. While Attorney James A. Hicks can provide a specific answer after learning more about your circumstances, what we can tell you here is that:
- The rate for temporary disability and total disability benefits is 70 percent of a worker’s wages, up to a maximum set by state law.
- As of 2018, the maximum benefits paid for lost wages is $903.
Do I Need to Hire an Attorney for a Workers’ Compensation Claim?
If you are serious about resolving your claim successfully and getting all of the benefits you deserve, yes, it is necessary to retain an experienced attorney – like Middlesex County Workers Compensation Lawyer James A. Hicks.
Mr. Hicks can level the playing field with insurers, protecting your rights, your interests and your claim at every step of the process. He is an experienced advocate with more than 20 years’ experience representing injured workers, and he has been certified by the Supreme Court of New Jersey as a workers’ compensation law attorney since 2003. This means that he has the skills, knowledge and experience to help you successfully navigate the claims process.
Get Experienced Help Navigating the Claims Process: Contact Middlesex County Workers Compensation Lawyer James A. Hicks
If you or a loved one has suffered a work-related injury or illness, Middlesex County Workers Compensation Lawyer James A. Hicks is ready to provide you with essential insights about your legal options and the highest quality representation moving forward.
Call (732) 767-1300 or email us. The Law Office of James A. Hicks, LLC is open Monday through Sunday.
From offices in Middlesex County, Attorney James A. Hicks is honored to represent injured workers and families from across the state of New Jersey.