Linden New Jersey Workers' Compensation Lawyers
The attorneys at Charney & Roberts have extensive experience in workers' compensation law in representing injured workers who have suffered a work related injury or occupational disorder.
If you have suffered an injury on your job, or an occupational exposure, you need an experienced, determined legal team. Charney & Roberts have the knowledge to guide you through the legal process. Both Jeff Charney and Dan Roberts are experienced workers' compensation attorneys, with much success in getting injured workers the proper medical attention and the maximum financial recovery permitted by law.
If you were injured at work or your benefits have been denied or terminated or if you have suffered a disability, you should contact Charney & Roberts to discuss filing a New Jersey workers' compensation claim.
If you have been hurt on the job and would like to make arrangements for a free consultation, contact the office of Charney & Roberts. Under no obligation to you, we will evaluate your claim and advise you of your rights under workers' compensation.
Our attorneys have successfully secured workers' compensation benefits for thousands of clients for such claims as partial or total disability, back, neck, shoulder, fractures, sprains/strains, carpal tunnel syndrome, disc herniations, rotator cuff injuries, knee injuries, work related heart attacks and psychological injuries.
Located in Linden, New Jersey, Charney & Roberts are available statewide to handle your case.
If you are unable to come to us, we can visit you at your home, in the hospital or at your job. Let our experience work for you.
Consultations are always free and we can be contacted anytime at 908-925-8300 or click here for a free case evaluation.
RELATED INFORMATION
No Fault
While there are a few exceptions, the workers' compensation system in New Jersey compensates victims regardless of fault. As long as the worker is performing his job in good faith, fault is not a factor. This is different from negligence law, where the victim's actions may be considered in determining the degree of fault.
Under the New Jersey workers' compensation system, fault is not an issue and the victim is entitled to medical treatment, medical disability benefits and permanent disability benefits.
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Medical Treatment
An injured worker is entitled to immediate medical care. In New Jersey workers' compensation, the employer, however, has control over the victim's care. In other words, in most instances, the employer or its insurance company will send the injured worker to a doctor or a medical facility of its choice. If the injured worker goes to his or her personal physician or a doctor of his/her own choice, payment of such treatment may be denied as unauthorized and will not be paid.
Should the employer refuse to provide necessary care, or the authorized doctor is ineffective or inadequate, the law does provide a process where a motion for medical treatment can be filed and is usually heard by the workers' compensation court within thirty days.
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Necessity of Medical Treatment
New Jersey workers' compensation makes a distinction between palliative and curative treatment. Until the worker achieves maximum medical improvement, treatment must be allowed as treatment is curative. Once, however, the worker reaches a plateau of treatment of a level of maximum medical improvement and the treatment only deals with the pain, such is known as palliative and is not provided by the employer.
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Temporary Disability
Injured workers are entitled to temporary disability payments which provide up to 70% of the employee's average weekly wages, up to a limit. Employers who refuse to provide for temporary disability benefits can be forced to do so by a motion for temporary disability. These motions are generally heard within thirty days of filing. A denial by the employer, where appropriate, can be challenged, and in such cases we will send the worker to an independent worker who will indicate the needs for treatment and explain why the worker is temporarily unable to work pending treatment.
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Permanent Disability
A worker who has an impairment that restricts a body function which is bearable by objective medical evidence and his/her ability to work is lessened, is entitled to an award of permanent disability. Once the injured worker has plateaued in his/her treatment, independent examinations are made by the victim's attorney and the employer's attorney, all records of the workers' medical treatment are sent to the examining physician for review and permanency ratings are given by the respective physicians.
Either by negotiation or trial, permanency determination is made and is then approved by a Judge of workers' compensation.
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Reopener of cases
Unlike a negligence case, settlement or judgment in workers' compensation may be reopened within two years from the day that the settlement is made by the employer or within two years of the last payment of benefits to reopen the case. Similarly, if the worker does not seek medical treatment for two years after the settlement check is issued, he/she will be barred forever from reopening the case should his/her condition worsen.
The exception to the above is when a case is settled under section 20 settlement.
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Section 20 Settlements
There are times when a real dispute exists over issues such as liablity and causation. Under these circumstances, a case can be settled where a worker can receive a lump sum monetary amount with the understanding that out of this lump sum settlement all attorney's fees and reimbursement to the examining doctors would come out of this amount. Section 20 settlement will bar reopening the case should the worker need more medical treatment or should the condition worsen to the extent that he/she may be entitled to an additional award.
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Attorney's Fees
Attorney's fees in New Jersey workers' compensation is statutory. Usually, the attorney is awarded 20% of the workers' award with approximately 60% of the paid directly by the employer. This is subject to a monetary limit on the maximum attorney's fee which is set by a statute.
In the case of a section 20 settlement, the full amount of the attorney's fee is borne by the worker.
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Prior Injury
This is the case where the worker may have previously injured the same body part. Where the is a previous injury to the same body part, a determination of permanent disability will include a deduction for the prior injury.
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Second Injury Fund
When a prior injury or disability and the current disability together render the worker totally disabled, the worker may make an application to a state fund known as the Second Injury Fund which will pay a percentage of disability payments to the employee along with the current employer. Such a fund prevents the employer from having to pay full disability benefits for a previously partially disabled worker.
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Uninsured Employers' Fund
While it is mandatory in New Jersey that an employer carry workers' compensation insurance, there are instances where the employer fails to carry such insurance. In situations where the employer does not have the personal financial means to compensate the worker for medical benefits and temporary disability, a state fund exits which the employee may apply and have such payments paid by the State.
The employee may further seek permanent disability against the employer, the state, however, will not make payment of permanent or partial permanent disability, and such would have to be sought directly from the employer.
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Trauma & Occupational Claims
In New Jersey, there is a two classifications of claims. The first is trauma injury claim and such claims involve a one time trauma, physical or psychiatric in nature. The second type of injury is an occupational claim which involves an injury of repetitive action or exposure over a period of time. For example, if a worker in attempting to lift materials suddenly feels pain in his/her back, such would be traumatic. On the other hand, if a worker over period of time repetitively does the same work which after a while takes its toll on the back or other part, such would be an occupational injury. Examples of common occupational injuries are carpal tunnel syndrome, spinal injury caused over time, respiratory injury caused by inhaling toxins in the air or hearing loss due to a noisy environment over time.
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Statute of Limitations
Although there are some exceptions, the time permitted to file a claim petition is two years from either the date of accident of two years from the last date when authorized treatment or authorized payments have been made. Unlike negligence, there is no tolling of the statute of limitations for infants and the same two year rules apply.
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