Workers’ Compensation Lawyers In Freehold, New Jersey
In most instances, under New Jersey law, when you are hurt on the job, your right to recovery is limited to the benefits available under a workers’ compensation claim. With limited exceptions, your employer must participate in the workers’ compensation system, paying premiums to a workers’ compensation insurance provider. When you suffer an injury at work, you must then file a claim for recovery through your employer.
Unfortunately, it’s not as easy as it seems. More than half of all workers’ compensation claims are initially rejected. You want an experienced and knowledgeable lawyer to fight for your rights so that you get the benefits you need and deserve.
At The Law Office of Mallon & Tranger, we have more than 40 collective years of experience representing injured people in Monmouth and Ocean counties and elsewhere across the state of New Jersey. We handle all matters related to workplace injury and workers’ compensation claims, from the preparation and filing of an application for benefits to hearings pursuant to the denial of your claim.
Attorneys For On-The-Job Injuries
We offer thorough and aggressive legal counsel to people who have been hurt because of carelessness or negligence in the workplace. We can work with you at any stage of the process, whether you need to gather all the evidence and prepare your application for benefits or you have filed a legitimate claim that has been wrongfully denied. We will make certain that you take the right steps to protect your interests, including getting the medical treatment you need for your injuries. We will be your advocate with your employer and the workers’ compensation insurance provider, using our skill, knowledge, experience and resources to pursue all the damages to which you are entitled.
We have a thorough knowledge and understanding of how the workers’ compensation process works. We handle all types of injury claims arising at work, including cases involving:
- Major injuries caused by traumatic accidents, including explosions, equipment collapse or malfunction, unreasonably dangerous tools or machines or inherently dangerous work conditions
- Occupational illness or disease stemming from exposure to toxic substances and other environmental hazards
- Work-related auto accidents incurred by paid drivers or passengers injured while traveling for work
- On-the-job lifting injuries that lead to back or spinal injury
- Repetitive stress or repetitive motion injuries, as well as injuries caused by being required to stand, lean or bend for extended periods of time
- Work-related slip-and-fall accidents
- Construction site accidents
Most Injuries Fall Under The Workers’ Compensation System
The primary method of handling workplace injury matters in New Jersey is the workers’ compensation system. The state established this process in order to make it easier for workers to get the benefits they need by removing fault from the equation. You do not need to show that your employer caused the accident at your workplace – you only need to show that you were injured while working. Employers may contest your allegations, but you do not have to show that they were the reason behind the accident.
This helps things move forward in a more timely fashion. Workers, in theory, are able to get the benefits while out of work when they are needed most. Insurance companies and employers can contest claims, but in most cases, all of this will still be covered by the rules that apply to the workers’ compensation process.
When Might A Workplace Injury Lead To A Personal Injury Claim?
This is an extremely complex situation and often requires a lot of investigation to determine if a workplace injury falls outside of the workers’ compensation scope. Workers injured on the job may have a personal injury claim if the accident or injury was caused by a third party – that is, someone not employed by the employer.
Here’s a quick way to understand that: At a construction site, there are often contractors, subcontractors and other people performing certain tasks. A contractor may have several employees working on a matter while an independent entity is working on other items. If that other entity causes an accident that results in injuries, the injured worker may have a personal injury claim against the third party.
Why is this distinction important? We mentioned above that benefits can be limited in workers’ compensation matters. In a personal injury claim, this is not the case. There is potentially more compensation available to the injured worker, which can be extremely important in matters resulting in serious injuries. You need to make sure you understand what is available to you before making any decisions about your case.
Third-Party Negligence Claims
Many workplace injury victims do not realize that they may be entitled to additional compensation beyond worker’s compensation benefits. Our attorneys will pursue every avenue of recovery on your behalf, including third-party claims against negligent contractors and subcontractors, manufacturers and property owners. Employee injuries can leave you out of work, in severe pain and unable to care for your family. We will take every necessary step to maximize your compensation for medical expenses, pain and suffering, long-term care needs, lost wages and any additional losses you have sustained.
What To Do If Your Workers’ Compensation Claim Is Denied
Nearly every occupation carries some degree of risk. A waitress in a restaurant can slip on a spill that’s been left unattended. A person working on a line in a factory can be hurt by tripping over a piece of machinery. Even a quiet day at the office can potentially result in an injury that causes a person to need medical attention.
Unfortunately, many workers who suffer on-the-job injuries find that the workers’ compensation system is extremely difficult to navigate. Many claims are often rejected early on in the process, leaving people frustrated and unsure of where to turn.
If your workers’ compensation claim is denied in New Jersey, you, along with your attorney, can take the following steps to appeal the decision:
- File an appeal with the New Jersey Division of Workers’ Compensation.
- Go through an informal hearing.
- If the informal hearing results in an unfavorable decision, you have the option to proceed to a formal hearing. An official claim petition must be filed beforehand.
- If the formal hearing results in an unfavorable decision, you have the option to file a final appeal. This appeal will be reviewed by the Appellate Division of the Superior Court.
When we take on your case, we perform a thorough review of the incident and injuries to build a case that improves your chances of receiving the compensation you need while you are out of work. We have handled many appeals of wrongfully denied workers’ compensation claims and know what to do to help our clients get results.
If you feel that you are being pressured to return to work too soon after a workplace injury or your request for benefits has been denied, reach out to us to see what we can do to help. You need someone on your side who understands the process and is able to protect your rights.
Our Workers’ Compensation Attorneys Answer Your Workers’ Comp Questions
If you have been hurt at work, your physical injuries may not be your only concern. You may delay filing for workers’ compensation benefits because you have many questions about the filing process and your job security. This decision could have a serious impact on your health and long-term employment opportunities. Here, we answer some questions we’ve received about these situations.
What should I do after I have been hurt at work?
If you have been severely hurt on the job site, it is important to get medical help right away. If your injuries do not pose an immediate risk to your health, you need to report them to your supervisor, a manager or another person in a position of authority at your job. Your notice does not have to be written.
Do I have to see the doctor selected by my employer?
If you need to see a doctor for your injuries, you must inform your employer that you need medical treatment. Your employer or your employer’s insurance carrier is allowed to choose the health care provider you will need to see for your injuries.
If your employer does not give you a list of approved health care providers, you may be able to see your own doctor for your work injury. It is important to note that if you receive treatment from an unapproved provider, you could jeopardize your claim.
You should consult with one of our attorneys if you are unsure of your options.
Can my employer retaliate against me for filing a claim?
New Jersey law prohibits employers from firing employees for filing workers’ compensation claims. In addition, your position cannot be terminated if you testify at a hearing for a claim.
How long must I wait after I get injured before I can recover my benefits?
In New Jersey, you need to be unable to fulfill your duties for seven days before you can receive temporary disability benefits. This seven-day period can include weekends and holidays. You do not need to take seven days off consecutively to recover temporary disability benefits.
This waiting period does not apply to injured workers applying for permanent disability benefits or medical benefits.
What should I do if the insurance company or my employer denies my claim?
Unfortunately, benefits claims are often denied. New Jersey workers can appeal decisions by requesting a hearing or filing a petition. The workers’ compensation division reviews these applications. Our lawyers have decades of experience representing injured workers in appeals. We are intimately familiar with this process and know how to create a strong case to support your claim.