Archive for December, 2007

Is The Workers Compensation System Working For You?

Saturday, December 1st, 2007

The Worker’s Compensation system in New Jersey provides benefits to worker’s injured or whom contract an occupational disease during their course of employment.  Benefits include the payment of medical bills, temporary lost wages and compensation for any resulting permanent injury.  Almost every worker is covered including farm workers.  Persons considered to be independent contractors are not covered.

An injured worker must notify their employer of their accident within 90 days of the happening of the accident.  Of course, whenever possible notice should be given as soon as possible.  It is not necessary to provide the notice in writing.

If you are in need of medical attention or your employer is not providing temporary wages you should promptly contact an attorney who may assist you in getting authorized treatment and the payment of temporary disability.

Many clients are fearful that their employer will fire them or in some other way take action against them for making a claim.  You should take comfort in knowing that the law prohibits an employer from discharging or discriminating in any way against an employee for making a claim for workers’ compensation benefits.

So what exactly are you entitled to?  First you are entitled to all necessary medical treatment.  Your employer has the right to designate the treating physician.  In the event of an emergency an employer can seek treatment without first seeking authorization from their employer.

Second, you are entitled to lost wages (temporary disability benefits) after missing seven calendar days from work.  This benefit is paid at a rate equal to 70% of your gross weekly wages received at the time of the injury up to a maximum established yearly by the Commissioner of Labor and Workforce Development.  For example in for calendar year 2006 that amount is $691.00.

Third, when an injury results in a permanent partial disability benefits are based upon a percentage of disability to a “scheduled” body part including arms, hands, fingers, legs, feet, toes, ears, eyes or teeth.  Benefits are also paid for “nonscheduled” losses involving the back, heart, neck, lungs, etc.

In summary, the Workers’ Compensation system is designed to assist all injured employees.  With the necessary knowledge you too can let the system WORK for you.

This article is intended to provide general information only.  It is not intended to be a substitute for a consultation with a lawyer.  The facts and circumstances of every case are unique.  The lawyers at Shapiro & Sternlieb, LLC invite you to contact them with any questions you may have.

At Shapiro & Sternlieb, your case is our priority. Our NJ Workers Compensation attorneys combine outstanding client services with a thorough knowledge of the law and a firm understanding of the latest technology available. Our vast network of legal, medical and professional experts are available to present the best case for you. Located in Manalapan, New Jersey, our lawyers maintain flexible hours to meet your needs. We offer morning, evening or weekend hours, as well as visits to home or hospital, if needed. Our attorneys and staff bring the highest standards of expertise, preparation, concern, diligence, integrity and skill to each case. We take time to return your calls and to ensure each question is answered. You are included every step of the way.