New Jersey Workers Compensation Lawyers

If you were injured by a defective product or negligent vendor at work, you’ve come to the right place.

  • Experienced Workers’ Injury Attorneys: We have 25 years of experience with personal injury law, so we know how to get employees what they deserve. Call today to let us work for you
  • We’ll Handle Everything: Your job is to focus on recovery. We’ll handle your claim
  • We Can Help You Get Better: Whether you need help figuring out where to turn for your medical problems or locating a specialist near you, we’re here to help. Helping you heal is our #1 priority
  •  No Fee Promise: We don’t get paid unless you win. Period. You’ll never have to pay out of pocket for our help
  • Better Chances With Our Team: Attorneys get their clients 3.5 times more compensation than individuals get filing on their own

When you went into work the day of your injury, you weren’t planning to have your life turned upside down. You had things you wanted to accomplish, a job you needed to do, but life had other plans. Every year, 2.9 million Americans get injured at work, many of those injuries are serious (Bureau of Labor Statistics).

New Jersey law requires companies to pay the medical costs for employees injured on the job, but what if your employer isn’t the reason you were injured? Negligent vendors or faulty equipment can cause life-threatening accidents and injuries. If someone else’s negligence causes your injuries at work, you may be entitled to compensation.

The workers’ compensation lawyers at Console and Associates will help you figure out what compensation is available and fight to get you every dollar you deserve.

New Jersey Workers’ Compensation Lawyers

Man holding a work injury paper

Workers’ compensation is an insurance policy paid for by your employer. States require that businesses pay a premium for each employee. After an injury, the victim can use this money to cover medical costs and other approved expenses. According to New Jersey law, workman’s comp covers:

  • Medical Costs – ER bills, medication, rehabilitation and recovery.
  • Lost Wages – If you’re out due to a work injury, you still receive your regular pay. If your accident reduces the hours you can work, workers’ comp can make up the difference.
  • Disability – If your injuries cause permanent damage, you may qualify for disability payments to make up for lost wages.
  • Death Benefits – According to the Bureau of Labor Statistics, more than 5,000 people died on the job last year. Should the unthinkable happen, workman’s comp pays out death benefits to the victims surviving family.

How Workers’ Compensation Works in New Jersey

The workers’ compensation process is different from other personal injury claims in New Jersey. All workers’ comp claims filed in the state go through an agency called the New Jersey Division of Workers’ Compensation rather than the court system.

Why Do Companies Agree To Pay Workman’s Compensation?

The state of New Jersey requires that companies pay to cover each employee. In some limited cases, the state may approve a company for an exception, in which case they have to offer their own injury insurance.

Workers compensation injury form

Despite this, worker’s comp is far more popular with employers than other taxes. Workman’s comp protects businesses from potentially more expensive personal injury claims. Unless the business knowingly puts an employee at risk, the victim must file a workman’s comp claim, not a lawsuit.

However, if your injury occurred due to a defective product or vendor, you could file what’s known as a third party claim. Workers’ compensation does not prevent you from seeking damages from a negligent third party.

The program also benefits employees. Employers have money set aside to pay for injuries, making it easier to successfully file a claim. In addition, workman’s compensation claims are often generous. An experienced lawyer can get employees money to cover any related cost.

Who Is Eligible For Workman’s Compensation?

Every employee – whether full-time or part-time, working for a small business or a large one – is eligible for workers’ compensation benefits if injured at work. State laws even specify that domestic and farm workers are covered, the New Jersey Division of Workers’ Compensation reported.

Contractors working on a construction siteIndependent Contractors & Workers’ Compensation

One type of worker that may not qualify for workman’s comp is the “independent contractor.” This includes handymen and workers in the new “gig” economy, such as drivers using ride-sharing apps.

But the Workers’ Compensation Act in New Jersey takes a broader view of who is an “employee” than many other states. Under this Act, independent contractor means something different for injuries than it does for taxes. According to the IRS, your 1099 might designate you a contractor but you may still qualify for workers’ compensation benefits.

To help determine who qualifies as an eligible employee, the Workers’ Compensation Act looks at several factors, including:

  • Whether the employer has control over the worker
  • Whether the employer has the right to supervise the worker
  • Whether the worker depends on the income generated through working for that employer
  • Whether the work completed by the “independent contractor” is an integral part of the employer’s business

If you injured yourself while working as an independent contractor, you could still qualify for workers’ compensation. Not sure if you qualify? No problem! Give us a call and let one of our experienced employee lawyers review your claim for free.

No-Fault Guidelines

Workers compensation claim form

In New Jersey, workers’ compensation is a form of no-fault insurance. What this means is that no matter who or what caused your injury at work, the policy covers your costs. In a typical personal injury claim, to get compensation, you have to prove that the other party is responsible for your accident. This means that even if you are responsible for your accident, you still qualify for workman’s comp. For employees, the only way their injury is not covered is if they were using a controlled or illegal substance during the accident.

Because the policy covers your injury no matter what, it also means you can’t sue your employer. Even if they were clearly negligent, the no-fault policy protects them as well. This is the trade-off of a no-fault policy.

Of course, there are some exceptions. If you (as a worker) were intentionally harmed, you might be eligible to file a claim against your employer. In addition, the no-fault policy often does not cover any third-parties involved in your work injury.

If you feel like your employer intentionally put you at risk, contact us immediately after you consult with your doctor. We’ll review your accident and let you know if we feel your suspicions are correct and then help you build a case.

Workman’s Compensation Claims Against Third Parties

You can’t sue an employer for causing a work injury, but you still have legal rights. If someone else caused or contributed to your accident, you can pursue a claim against that party. Third-party workers’ compensation examples include claims against:

Construction Worker Falling Off Ladder And Injuring Leg

  • Negligent Vendors: Many large stores have third-party vendors manage stocking their own merchandise on the shelves. For example, in Wal-Mart, Coke and Pepsi stock the soda, not Wal-Mart employees. In most cases, the no-fault policy does not protect vendors from lawsuits.
  • Careless Property Owner: If your employer does not own the property you’re working on, that owner could bear responsibility for your accident.
  • Injuries By Motorists/Customers: If a car or customer hit you while you performed work related duties, they could be at fault.

When you let us handle your workers’ compensation claim, we identify anyone else who may be at fault for your accident. Console and Associates has won millions of dollars in personal injury claims against 3rd parties.

After 25 years arguing cases in New Jersey, our experienced team knows what rights you have under the law. We’ll make sure that we hold every responsible party accountable so that you get the justice you deserve.

What Types Of Injuries Are Covered?

An injury is covered under workers’ comp if it “is arising out of and in the course of the employment.” Typically, this covers any injury you receive while “on the clock” at work performing normal work duties. This can include everything from falling from a latter to getting into a car accident while performing a delivery.

Why You Need New Jersey Workers’ Compensation Lawyers

If you work in a no fault state, you might wonder why you would need a New Jersey workers’ comp attorney at all. You’re entitled to benefits no matter who is at fault, right?

In theory, yes – but in reality, getting the money you deserve isn’t always as easy as submitting a few forms.

Although more than $2,000,000,000 in workers’ compensation benefits are paid out to injured New Jersey employees every year, the average worker received just $595, the New Jersey Department of Health reported.

Can you pay your bills on $595? Feed your family? Afford the medical care you need to get better? Probably not.

If you want to make sure you receive all of the compensation available to you after a work injury – and who doesn’t? – then you will need a New Jersey workers’ compensation lawyer to fight for you.

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Types of Workplace Accidents and Injuries

Construction worker laying on the ground after an accident

Work injuries occur in many different ways. Some happen in dramatic accidents, changing lives in a matter of seconds. Others occur over months or years of repetitive movements that cause damage to your body over time.

According to the Bureau of Labor Statistics (BLS), the most common work injuries included:

  • Overexertion/Bodily Reaction: Injuries that occur from stress or repetitive movement
  • Slips, Trips, & Falls: Falling at work, whether from a ladder or on a patch of ice can lead to serious injury
  • Contact With Objects/Equipment: This includes getting struck by falling products or receiving an injury while operating machinery
  • Violence: Injuries caused by other persons or animals
  • Transportation: Automotive and pedestrian accidents
  • Recovering from these accidents can take you months, if you recover at all. In some tragic cases, the results are deadly. The BLS reports that in 2016, more than 5,000 people lost their lives while on the job

In some cases, your injury occurred due to the actions of someone other than yourself or your employer. If they caused your accident, you can file what’s known as a third-party claim against them.

If you’re not sure if you have a case, call us. When you contact Console and Associates, we don’t treat your case as a number. Instead, we investigate every detail so that we understand who’s at fault and what your options are. You’ll never pay any legal fees unless or until we win, period.

 

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Shocking Work Injury Statistics

Deadly Work Injuries Across the United States

Every single day, 13 Americans die from a workplace injury, the Occupational Safety & Health Administration (OSHA) reported.

These hard-working individuals go to work to provide for their families, and they never come home.

New Jersey Workers’ Compensation Facts

Every year, work injuries send more than 4,000 New Jersey workers to the hospital, according to the State of New Jersey Department of Health.

Your Workers’ Compensation Questions Answered

Got questions about workers’ comp? Let us help. Find answers to the most frequently asked questions about the workers’ compensation system below. Then let our workers’ compensation attorneys in NJ help you with your case.

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What Should I Do After a Work Injury?

Anytime you get hurt at work, you should always notify your employer right away. In fact, it’s best to notify your employer within 14 days of the accident, according to New Jersey workers’ compensation law – the sooner, the better. Remember, you don’t have to prove that your employer is at fault for the accident, so there’s no reason to wait.

Complete any workers’ compensation claim forms your employer gives you. If for any reason your employer refuses to cooperate and report your accident to its workers’ compensation insurance carrier, you can report the injury yourself. You can also file a claim with the Division of Workers’ Compensation.

You always want to get your injuries checked out sooner rather than later. For one thing, you want to start getting better sooner – and avoid doing anything that could make the injury worse. You also want to make sure your injuries are documented for the purposes of your claim.

Who Pays for Workers’ Compensation Insurance Coverage?

New Jersey workers’ compensation laws give employers two options for obtaining workers’ comp insurance.

  1. They can purchase a workers’ compensation insurance policy through one of the 400+ insurance carriers that write policies in NJ, or
  2. They can apply for “self-insurance,” which means they don’t have a policy through an outside company but have demonstrated the financial ability to pay benefits as required by law.

Workers’ compensation premiums are paid by the employer. These premiums – or a workers’ compensation fund, if self-insured – are part of the cost of doing business in NJ.

Your employer has already paid for the benefits, regardless of whether or not you use them.

There’s no reason to try to “tough out” the injury and end up damaging your health further when you have every right to workers’ compensation.

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What Medical Care Does a Workers’ Compensation Policy Cover?

When you get hurt on the job, workers’ compensation must cover your medical expenses. Covered costs include “reasonable medical services necessary to treat the job injury or illness,” the NJ Department of Labor and Workforce Development reported.

What exactly does that mean?

Depending on the injury you suffered, workers’ compensation may cover medical expenses like:

  • Urgent care or emergency room visits
  • Doctor appointments
  • Diagnostic tests
  • Physical therapy
  • Surgical procedures
  • Rehabilitation services

But there are restrictions. In New Jersey, a medical management care provider called Horizon Casualty Services authorizes treatment for workers’ compensation injuries. Because the state controls your treatment, you can’t choose your own doctor while workers’ comp is paying the bills.

Go to the wrong doctor or facility – or fail to get tests or treatments authorized – and you could be on the hook for thousands of dollars of medical expenses.

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How Much Will I Get in Wage Loss Workers’ Compensation Payments?

Workers’ compensation limits how much wage loss compensation you can receive.

As of 2016, workers could receive 70 percent of their weekly wages in workers’ compensation wage loss benefits. That alone can pose a financial burden to a family not expecting to take a sudden drop in income.

But the maximum amount of wage repayment an employee can receive in NJ is $871 per week, according the Division of Workers’ Compensation. If you have a high-paying job that your family depends on, you’ll see even less than 70 percent of your regular income while you’re out of work.

What Kind of Workers’ Compensation Case Do I Have?

Do you have a general workers’ compensation claim with your employers’ insurance carrier? A third-party case against a negligent person other than your employer? Both?

Without knowing more about your situation, it’s impossible to say. Every workers’ comp case is unique.

What we can tell you is that the best way to get the full amount of compensation you deserve is to bring your case to a workers’ comp lawyer in NJ. A law firm with experience handling both kinds of claims, like Console & Associates P.C., will know what factors could indicate a third-party involvement.

We’ll explore every avenue to make sure you get the maximum amount of money damages available to you.

Could I Get Fired for Pursuing a Workers’ Compensation Case?

Don’t let fear of getting fired stop you from pursuing a workers’ comp case.

New Jersey workers’ compensation legislation protects employees from retaliation. State laws forbid companies from punishing employees for using the workers’ comp benefits they’re entitled to.

If your employer threatens to fire or discriminate against you because of your claim, it may count as workers’ compensation retaliation – and it’s illegal.

How Long Do I Have to File a Workers’ Compensation Lawsuit?

You have only two years from the date of the accident, injury, or the hazardous exposure that caused your illness to file a workers’ compensation claim. If you miss this deadline‚ you may not be able to receive benefits at all. The clock’s ticking.

The two-year deadline, or statute of limitations, for workers’ compensation claims is generally the same for third-party cases, as well. But for these cases, you’ll need proof of liability. That proof can be difficult to find if you wait until that two-year deadline is looming.

That’s why our workers’ compensation lawyers in NJ always urge injured workers to get an attorney involved in their case sooner rather than later. We don’t want you to lose your one chance to get what you deserve by letting deadlines pass or evidence disappear.

Our History of Success Handling Workers’ Comp Claims

At Console and Associates, our workers’ compensation lawyers in New Jersey have gotten millions of dollars for victims of workplace injuries.

worker's compensation accident justice

Our workers’ comp success stories include:

  • An $825,000 workers’ compensation settlement for a carpenter injured at a construction site.
  • A $750,000 settlement for a tractor trailer driver injured when his vehicle was hit by another commercial truck.
  • A $265,000 settlement for a deliveryman who got hurt while making a delivery because a storm door broke loose and knocked him down a flight of stairs.
  • A $250,000 settlement for a young girl assaulted by a coworker while working at McDonald’s.
  • A $170,000 settlement for a truck driver injured while unloading cargo at a grocery store.

Don’t you want your claim in the hands of the NJ workers’ compensation attorneys with a 97 percent success rate?

Workers’ Compensation Help at No Upfront Cost

The workers’ compensation process doesn’t have to be confusing. When you entrust your claim to our workers’ comp lawyers in New Jersey, we handle every aspect of the case.

We investigate the facts, identify all possible defendants, gather the documentation to build your claim, and fight for every dollar you deserve. And we do it all at no upfront cost to you.

We don’t want anything to stand in the way of getting the compensation you’re entitled to. So our NJ workers’ compensation attorneys handle every claim on a no-win, no-fee basis.

We’ll never ask you to pay out-of-pocket for any of the costs of pursuing your workers’ comp claim. And if we don’t succeed in getting money for you, you owe us nothing.

If you want no-fee workers’ compensation help from award-winning lawyers, call (856) 778-5500 today. The consultation is always free.