FAQ on Workers’ Compensation in Essex County, NJ

New Jersey Workers’ Compensation Lawyers Help Clients in Essex County Understand How to Get the Benefits They Need

When you’ve been injured on the job, you know that expenses start to add up quickly.  Medical bills, living expenses and even the cost of paying for your insurance can add a level of stress that you shouldn’t have to bear—and you don’t have to handle it alone.

At Birkhold & Maider, LLC, we have successfully helped hundreds of clients obtain the workers’ compensation benefits they need for financial support during their physical recovery period.  We are here to protect your rights and make sure you get all compensation available for your work-related injuries. Collectively, we have over 40 years’ experience helping injured clients in Essex County and throughout New Jersey.  

Let us take on the heavy lifting and put our expertise to work for you.  Call our experienced lawyers for a risk-free consultation to talk about your right to workers’ compensation under New Jersey law today.

FAQ: When will I receive my New Jersey workers’ compensation benefits?  

Workers’ compensation benefits are paid over time, as you recover, not as a lump sum.  Once your workers’ compensation claim is approved, you should begin to receive benefits in about two weeks, although delays are always possible.  If your benefits have been delayed, call us and we can work to find out when you should expect your benefits. You may also be entitled to additional benefits if we can show that the delay was unreasonable.  When a judge has awarded your benefits, a 60-day processing period may apply.

FAQ: Can I receive a lump sum payment if I’m disabled and receiving workers’ compensation?  

Usually workers’ compensation benefits are paid out weekly.  In some cases, you might be able to receive a lump sum payment.  This would mean that you would no longer be able to pursue any additional compensation—even if your injury is more expensive or lasts longer than expected.  Before choosing this option, call our workers’ compensation lawyers to discuss the pros and cons of a lump sum workers’ compensation payment.

FAQ: Why could my New Jersey workers’ compensation claim be denied?  

There are a variety of reasons why any given workers’ compensation claim might be denied.  Sometimes your employer might argue that your injury wasn’t really sustained in the workplace—in other words, that it was a pre-existing condition.  Your claim could be denied because you failed to provide sufficient detail in the paperwork. Workers’ compensation claims can be denied simply because you failed to meet a deadline or sign the correct forms.  Our lawyers will work with you throughout the entire claims process to make sure your claim is correctly submitted. We can also help you identify the reason that workers’ compensation denied your claim and fight to get your benefits approved.

FAQ: Can I lose my job for hiring a lawyer and filing a formal workers’ compensation claim for benefits?  

No.  It’s against the law in New Jersey for your employer to fire you if you file a formal claim for workers’ compensation benefits. Your employer is also prohibited from discriminating against you in any way for filing a claim.  If your employer has fired or threatened to fire you because of your workers’ compensation rights, call our offices as soon as possible so that we can help protect your rights.

FAQ: How is the amount of workers’ compensation that I receive determined?  

In New Jersey, the insurance carrier usually determines how much you will receive each week based upon the information you provide in your claim.  If your employer is self-insured, the employer may determine how much you will receive. In any case, if you think you should be receiving a higher benefit, call our experienced lawyers so that we can help you understand your rights and fight for your right to fair benefits.

FAQ: How much will I receive for lost wages if I’m receiving workers’ compensation?  

In most cases, you will receive 70 percent of your lost wages on a weekly basis.  The amount is calculated based upon your average weekly pay. However, New Jersey law caps the level of benefits that you are entitled to receive—in 2019, for example, the weekly cap is $921.  The amount of the cap changes each year.

FAQ: How long does workers’ compensation pay benefits?  

Generally, in addition to your reasonable medical expenses, workers’ compensation will pay benefits while you are unable to work and receiving medical care.  However, temporary disability benefits under workers’ compensation end when: (1) you return to work, even if only on a part-time basis, (2) your medical condition has improved to the extent possible or (3) after you have received 400 weeks’ worth of benefits.  After 400 weeks, you may be entitled to claim permanent disability benefits.

FAQ: What does it mean that my injury has improved to the extent possible, so that I’m no longer entitled to temporary benefits under workers’ compensation?  

Determining whether your injury has improved to the maximum amount possible is something that is determined on a case-by-case basis.  For example, if you lost a limb in a workplace accident and the wound has healed to the extent possible, temporary disability benefits may be denied.

FAQ: Who decides whether I’m entitled to permanent disability benefits via workers’ compensation?  

Your doctor will determine whether your injury is permanent and so justifies permanent disability benefits. 

FAQ: What if my employer says that I’m not entitled to workers’ compensation because the employer is uninsured?  

All New Jersey employers are required to carry workers’ compensation insurance—whether through an insurance company or by self-insuring.  We can investigate to determine how to make a claim for workers’ compensation if your employer refuses to provide this information. Generally, workers’ compensation information is available with the Compensation Rating and Inspection Bureau.

Call Our Seasoned Workers’ Compensation Lawyers for Answers to Your Questions Today

The workers’ compensation system can be complicated and many of your questions will require the help of an experienced lawyer.  Our lawyers are willing to evaluate your specific claim to make sure you get the benefits you need. We respect your need for swift and effective action in getting your benefits paid—and we jump into action quickly to make sure you are fairly compensated.  

Remember, we’re here to help you, so we only get paid if we win compensation in your case.  If you or a loved one have been injured on the job, call us today to see what we can do for you.