Workers Compensation
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WORKERS COMPENSATION

 

At Woliansky & Doyle, Esqs., we have been handling workers compensation cases in New Jersey for many years.

If you have had a traumatic injury or suffer from an occupational disease and you have a disability which arose out of and in the course of your employment you may be entitled to benefits regardless of fault.  The New Jersey Legislature provided these benefits by the statute, which created the Workers Compensation System.  Under this system your employer’s workers compensation insurance carrier or your employer, if they are self insured, are required to pay you certain benefits.  They are as follows:

 

bulletCompensation for permanent partial or total disability to a particular part of your body for your whole body.
bulletPayment of your medical providers.
bulletTemporary disability benefits for the time that you are out of work due to the disability.

 

The Workers Compensation System is not the same as the civil tort system.  There are many important differences some of which are:

bulletWorkers compensation is statutory not common law.
bulletPermanent compensation is based solely on the percentage of permanent disability sustained by a particular body member or your total body.
bulletThe permanent disability compensation award is calculated based on the state average weekly wage for the year in which you were injured.
bulletThe permanency award provides no payment for future wage loss for pain and suffering.
bulletThe workers compensation court system is part of the Executive Branch of New Jersey State Government rather than the Judicial Branch and functions as an administrative agency.
bulletIts Judges are administrative officers.  They are required to review any claims for worker's compensation benefits.  All agreements for the payment of Workers Compensation Benefits must be submitted for their approval.
bulletThe Workers Compensation Judge sets all disbursements from your award.
bulletAll our attorney's fees are set the Workers Compensation Judge and are based on a percentage of your award. The Judge normally requires your employer to pay a portion of our fees.
bulletGenerally, where a permanent disability results out of and in the course of employment absolute workers compensation liability is imposed upon the employer.  Fault for the accident is generally not an issue.
bulletGenerally, where workers compensation liability is established the employer and co-workers are immune from civil suit.
bulletAll employers must carry workers' compensation insurance or be approved as self- insureds by the Commissioner of Insurance.
bulletThere are strict time limits by which the employee must give notice the employer of the traumatic injury or occupational disease or be barred from a recovery.

However it is important that you do certain things upon being injured or discovering your occupational disease.  We believe it is important for you to contact us immediately for a legal consultation.  If we take your case there are several important steps which we must take.

bulletWe will give immediate notice to your employer of your client.
bulletWe will advise you that you must report your claim to your employer and if you need medical treatment requests that treatment from your employer.  If you do not do this you may lose your workers compensation medical benefits.
bulletAt the completion of your treatment we will file a worker's compensation claim petition.
bulletWe will have you examined by appropriate expert workers compensation doctors who will provide us with reports.
bulletWe will coordinate your examination with your employer’s examining doctors.
bulletNegotiate with your employer’s lawyers.
bulletWe will make all necessary court appearances.
bulletWe will keep you abreast of your case and advise you on how to proceed.

The first step in protecting your rights if you are injured on the job is to contact Woliansky & Doyle, Esqs. immediately.