YOUR WORKER’S COMPENSTATION RIGHTS
Petro Cohen, P.C. has been dedicated to fighting for the injured and disabled in the area of workers’ compensation since its inception. Founded by Frank Petro, the firm’s workers’ compensation department is dedicated to providing the highest level of professionalism every stage of the way. Frank Petro has been recognized for workers’ compensation by Best Lawyers® in America (since 1994) and NJ Super Lawyers (since 2005). He has an “A/V” rating from, Martindale-Hubbell, which is the highest rating for legal ability and ethical standards.
As a valued client of our firm, you can expect legal excellence in the handling of your matter regardless of the size of your case. You can expect to always be treated courteously and professionally by all of our staff of trained specialists.
Our attorneys know how to address the challenges and frustrations often encountered in litigated matters. Should you ever have a question or a concern, let us know immediately and we will take prompt steps to solve the problem as quickly as possible, and to your satisfaction. It is our objective to develop a strong professional relationship with you, and to continue to be the firm of your choice should you be in need of our services in the future.
In addition to handling workers’ compensation claims, our firm concentrates in personal injury litigation. It is our hope that when the opportunity presents itself you will recommend us to friends, relatives, and co-workers. Please remember – Select Excellence. In Litigation, You Don’t Get a Second Chance.
What exactly is workers’ compensation?
It is the payment (usually by your employer’s workers’ compensation carrier) of three separate benefits when work either causes or worsens a medical condition.
1. Temporary Disability – These are tax free weekly benefits representing 70% of your
gross weekly wage, payable up to 400 weeks. These benefits are payable while you are temporarily unable to work because of a work-related medical condition and under active medical treatment.
2. Medical Treatment – All reasonable and necessary medical charges to treat your work-related medical condition are payable by the workers’ compensation insurance carrier. The carrier has at least the initial right to authorize specific physicians who are competent to treat your condition. If a problem arises concerning the medical treatment you require, you have the right (with our legal assistance) to make an application to a Judge of Workers’ Compensation for a determination as to what, if any, additional compensable medical treatment you require.
3. Permanent Partial Disability – This is additional compensation which is payable to you if, after your completion of compensable medical treatment, you have a measurable loss of physical function proven by “demonstrable objective medical evidence.” This benefit can be payable to you even if you are able to return to work and have made an excellent recovery.
In order to obtain the full benefits permitted by law, you should be represented by a competent and experienced workers’ compensation attorney.
How long do I have to be employed before I am covered for workers’ compensation?
You are eligible for workers’ compensation the moment you are hired. Every worker in the State of New Jersey is entitled to workers’ compensation benefits regardless of the size of the employer or the length of time the employee has been employed.
What should I do if l am hurt at work?
The law requires you to report the accident to your employer within 90 days of the accident. To best protect your rights, you should immediately report every injury/accident to your supervisor, even if you do not think the injury is serious. Many people have delayed onset of symptoms following an accident, especially with respect to spinal and joint injuries. By documenting your work-related accident as soon as it occurs, you reduce the risk that the insurance company will later deny your claim if it turns out that your injury is more serious than you first thought. Failure to notify your employer immediately does not legally prevent you from receiving workers’ compensation approved medical treatment, even if your employer has you submit your treatment to your health insurer.
Can I go to my own doctor for a workers’ compensation injury?
The law gives the employer the initial right to select a physician (known as the “authorized” physician) to treat your work-related medical condition. As long as the physician is qualified to treat your medical condition, the insurance carrier will only have to pay for treatment provided by the “authorized” doctor.
However, if the “authorized” physician concludes that you do not need further medical treatment, or that your medical condition is not related to your work-related injury, you are then free to treat with your own physician if you otherwise have acceptable medical coverage (most policies exclude workers’ compensation conditions).
If a problem occurs with your medical treatment, you must contact us so we can advise you on how to proceed.
Do I have to lose time from work to have a valid workers’ compensation claim?
No. Even if you do not lose time from work, you are entitled to all appropriate medical treatment for your condition and you may even be entitled to permanent partial disability if you have sufficient “demonstrable objective medical evidence” of any loss of physical function. In other words, payment of permanent loss of function benefits is not dependent upon payment of temporary disability benefits.
What can I do if my claim is denied by my employer or workers’ compensation carrier?
You should immediately contact us. As experienced workers’ compensation lawyers, we can advise you of your options.
How much do I receive for my temporary disability under workers’ compensation?
Your temporary disability rate is based upon 70% of your customary weekly wage at the time of your accident. There is a minimum and maximum rate depending upon the year of your injury.
What is permanent partial disability and what is the process to receive this benefit?
This is the third benefit of workers’ compensation. Most people, even some lawyers, know the least about this benefit of workers’ compensation. This benefit is potentially payable in most cases where your injury is more than minor, but you should retain a lawyer to fully pursue this benefit in Workers’ Compensation Court.
Few insurance carriers voluntarily pay (or at least fully pay) this benefit. Even if your workers’ compensation carrier has voluntarily paid for your medical treatment and your temporary disability benefits, you may still be entitled to permanent partial disability. We can file a Claim Petition on your behalf and ask the Workers’ Compensation Judge to award you this benefit. If you receive such compensation, it is a tax-free benefit to you. The Judge of Compensation will usually award this benefit approximately one year after you complete the active medical treatment.
How are permanent partial disability benefits determined?
Payments are based on a special chart applicable for the year of your injury. Each body part is valued at a specific number of weeks. The rate at which each week is paid depends upon your wage. The weekly rate cannot exceed 70% of your gross weekly wage. However, there is a rate cap for each year.
| 2025 | ||
|---|---|---|
| 20% of the thumb | 16 weeks @ $309.00 per week | $4,944.00 |
| 20% of the hand | 52 weeks @ $309.00 per week | $16,068.00 |
| 20% of the leg | 63 weeks @ $309.00 per week | $19,467.00 |
| 20% of the back | 120 weeks @ $332.60 per week | $39,912.00 |
| 50% of the thumb | 40 weeks @ $309.00 per week | $12,360.00 |
| 50% of the hand | 150 weeks @ $352.64 per week | $52,896.00 |
| 50% of the leg | 157.5 weeks @ $357.81 per week | $56,513.00 |
| 50% of the back | 300 weeks @ $773.00 per week | $231,900.00 |
Do I qualify for permanent partial benefits if I am no longer working for the employer where I was injured?
Yes. As long as your last authorized medical treatment was less than two years ago or the last payment received by you was less than two years ago, you can potentially file a claim. Your workers’ compensation rights apply the moment you are injured and do not require ongoing employment.
Do I have a claim if my medical condition was pre-existing?
If your work aggravates or worsens a pre-existing medical condition, you may be entitled to further workers’ compensation benefits. Often the workers’ compensation insurance carrier denies benefits when the worker has a pre-existing medical condition. However, many of these “denied” claims are successfully challenged in the Workers’ Compensation Court when the medical evidence proves that the accident at work either worsened or aggravated the pre-existing condition making additional medical treatment now necessary. You need to retain the services of a workers’ compensation lawyer to contest such a denial.
Are illnesses such as lung conditions or heart attacks covered?
Actually, any medical illness or condition can potentially be a valid workers’ compensation claim if the particular occupational exposure is a material contribution to either the causation, worsening, or acceleration of a particular medical condition or disease. Often these types of claims, known as “occupational” diseases, are contested, but with proper medical evidence supporting the claim, a Judge of Compensation can decide whether the condition is compensable or not.
Does “occupational” disease cover orthopedic and neurological conditions such as carpal tunnel syndrome or degenerative joint or disc disease?
Almost any medical condition can be considered compensable under the workers’ compensation law if it is determined by a Judge of Compensation that your work exposure was a material contributing factor to either the “causation, aggravation, acceleration or exacerbation” of the medical condition in question. For example, if a jackhammer operator, carpenter, secretary, casino dealer, cocktail server, food server, etc., repetitively flexes/extends his/her wrist as part of his/her routine occupational duties, the development of carpal tunnel syndrome may very well be a compensable condition depending upon the proofs.
If a construction laborer, warehouse person, delivery person, housekeeper, nurse, stocker, driver, or other worker routinely lifts, bends, flexes, exerts and rotates his or her spine and develops a herniated disc or degenerative spine pain, such a condition can also be considered a compensable condition, depending upon the proof.
Can I be denied benefits if the injury was my fault?
Workers’ compensation benefits are payable without regard to fault (including your own). The only thing that matters is whether the medical condition was either caused or worsened by your work. However, if the accident was caused by a third party (example: you are making a delivery during the scope of your employment and a bus drives through a stop sign, striking your vehicle), then you may also have a lawsuit against the responsible third party, for which we can represent you.
Can I be fired if I retain a lawyer and make a workers’ compensation claim?
Making a workers’ compensation claim is not a lawsuit against your employer and it is illegal for any New Jersey employer to retaliate or otherwise discriminate against an employee who retains an attorney and pursues a contested workers’ compensation claim.
Can I receive Social Security disability benefits and workers’ compensation benefits?
Yes. However, sometimes there is a reduction of either Social Security disability or workers’ compensation, depending upon the type of workers’ compensation benefit you are receiving and the amount of benefits you are receiving.
Can I receive public employment pension disability benefits, private disability benefits and workers’ compensation benefits?
Yes. However, these are complex issues and require the services of an experienced workers’ compensation attorney to resolve.
Is there any limit as to when a claim must be filed?
You must file a claim within two years from the date of the accident, last date of authorized medical treatment, or last date of workers’ compensation benefits paid to you, whichever date is later.
In an occupational claim (where your condition is the result of exposure or the WEAR AND TEAR™ of your employment over a period of time rather than a specific injury), you generally have two years from the date you knew or should have known that you had a work-related occupational medical condition. These claims raise time-sensitive issues and your rights can be permanently lost if you do not act within the proper statute of limitations.
Do I really need a workers’ compensation lawyer, and, if so, what does it cost?
As highly qualified workers’ compensation attorneys, we will consult with you at no charge to determine whether you have a valid workers’ compensation claim.
When we represent you, we will be paid based upon the benefits we achieve for you that are awarded by the Judge of Workers’ Compensation. Our system is designed to have the Workers’ Compensation Court review every case to make certain that the insurance company has properly compensated you, but you must retain a lawyer to file a petition arranging for judicial review. Otherwise, you will simply receive whatever the insurance company decides to voluntarily pay, and the workers’ compensation court system is not involved. Often this means you receive less than what you are legally entitled to receive. Lawyer fees are set by the Workers’ Compensation Court only after the lawyer is successful in obtaining benefits for you. The fee cannot exceed 25% of your recovery.
OUR WORKERS’ COMPENSATION DEPARTMENT
FRANK A. PETRO, ESQUIRE is Of Counsel to the firm and continues to be an important part of the Workers’ Compensation Department. He has limited his practice to handling workers’ compensation cases for more than 45 years. He is certified by the New Jersey Supreme Court in workers’ compensation law, which is the highest specialty certification available to New Jersey workers’ compensation lawyers.
Frank Petro has been recognized for workers’ compensation by Best Lawyers® in America (since 1994) and NJ Super Lawyers (since 2005). He has an “A/V” rating from, Martindale-Hubbell, which is the highest rating for legal ability and ethical standards.
He is the former President of the leading professional organization for New Jersey workers’ compensation lawyers and judges, The Justice James H. Coleman, Jr. New Jersey Workers’ Compensation American Inn of Court. He was one of 35 National Trustees and National Treasurer for the American Inns of Court Foundation, the nation’s leading professional organization promoting legal excellence, professionalism, ethics and civility for United States judges and lawyers.
609-677-1700
fpetro@petrocohen.com
Home: 609-652-9259/Cell: 609-432-4666
DANIEL ROSENTHAL, ESQUIRE is a Shareholder with the firm and heads the Workers’ Compensation Department. He has over 15 years of experience dedicated to workers’ compensation law and works closely with Frank Petro.
609-677-1880 ext. 47
drosenthal@petrocohen.com
SAMUEL A. SCIMECA, ESQUIRE is an Associate Attorney with the Workers’ Compensation Department.
609-677-1880 ext. 39
sscimeca@petrocohen.com
REBECA JOMARRON, ESQUIRE is an Associate Attorney with the Workers’ Compensation Department.
609-677-1880 ext. 51
rjomarron@petrocohen.com
KELLY BACHICH SHEEHAN, ESQUIRE is an Associate Attorney with the Workers’ Compensation Department.
609-677-1880 ext. 28
kbachichsheehan@petrocohen.com
In Litigation, You Don’t Get A Second Chance™
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Since 1998, Petro Cohen, P.C. has served southern and central New Jersey, fighting for the injured and disabled.
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