Benefits Under Workers' Comp

Any employee injured on the job is covered by workers' compensation. Unfortunately, some employers and their insurers take advantage of injured workers by denying or limiting those claims. You may need legal help to secure your rightful workers' comp benefits.

The Mount Laurel attorneys of Ginsberg & O'Connor, P.C., are well-versed in New Jersey workers' compensation law. They can explain and enforce your rights so you get all entitled benefits while you are recovering from a work-related accident or injury.

What Are The Workers' Comp Benefits?

  • Medical care — Your employer must pay for all reasonable and necessary treatment relating to a work injury. However, under New Jersey law, employers can designate which doctors you see.
  • Temporary benefits — If you are off the job for seven days or more, the employer pays temporary total disability at a rate of 70 percent of your average weekly wages. Benefits continue until you return to work or reach maximum medical improvement.
  • Permanent partial benefits — You are entitled to additional compensation for a permanent bodily impairment, even if you are still able to work. Compensation is based on the functional loss.
  • Permanent total benefits — If injuries prevent a return to any gainful employment, the employee may qualify for total disability benefits. These weekly wage benefits continue indefinitely as long as a worker remains totally disabled.
  • Death benefits — If an employee dies from a work-related accident or illness, workers' compensation covers the family's funeral expenses up to $3,500 and provides his or her dependants with weekly benefits at the 70 percent wage rate.

There are many scenarios in which you may need legal representation to maximize your benefits or assert your rights. Our lawyers can intervene if your benefits are denied or delayed. We can help if you are turned down for surgery or other treatment, or if you need an independent medical exam to challenge the findings of designated providers. We also negotiate workers' compensation settlements in appropriate situations.

Can I Sue My Employer For Injury?

The trade-off of workers' comp is that you cannot sue your employer or co-worker, even if their negligence caused your injury. However, you can sue third parties outside your chain of employment who contributed to a workplace accident. Our attorneys pursue all potential sources of compensation to cover your losses and hardships.

For a full explanation of the workers' compensation benefits in your specific situation, call our Mt. Laurel law offices toll free at 800-598-3944 or contact us online. We offer a free consultation and we work on a contingency basis — no attorney fees unless we recover compensation.