Injured at Work? Our Experienced New Jersey Workers’ Compensation Lawyers are Here for You

If you were hurt while on the job, your employer and its workers’ comp insurance company should do everything possible to help you recover from your injuries and get you back on your feet – physically and financially. After all, you suffered an injury while doing your job for your employer. Now it’s time for your employer to do its job and work for you.

If your employer won’t then hiring the trusted and experienced New Jersey workers’ compensation lawyers at Petro Cohen, P.C. is a good first step. Unfortunately, employers and their insurance companies oftentimes do not make things easy for injured employees. In many of these cases, the difficulties and obstacles created by insurance companies are unnecessary, inappropriate, and completely contradict the law and spirit of New Jersey’s no-fault system.

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If you were hurt at work, you should be able to concentrate on your physical healing and well-being – not have to worry about your employer denying you the benefits you deserve.

The New Jersey workers’ compensation lawyers at Petro Cohen, P.C. have the knowledge, skills, and proven ability to make workers’ compensation work for you. We solve problems. We get results. Contact us today.

Reputation, Success, and Respect

The reality is that the outcome of your case will largely depend on the skill of your New Jersey work injury attorney and the quality of your legal representation. Your attorney’s level of education, experience, track record, legal abilities, and reputation matter – big time.

Highest Rating by Martindale-Hubbell

Petro Cohen, P.C. has been consistently recognized as one of New Jersey’s leading firms in the area of workers’ comp. The firm received the highest rating by Martindale-Hubbell – the world’s foremost authority on law firm credentials – in Professional Excellence and Ethical Standards and Legal Ability.

Best Lawyers®, Super Lawyers®, and “Superb” from Avvo

In addition to the firm’s stellar reputation, the department head, Frank Petro, is respected locally, regionally, and nationally as a leading attorney in this specialized field. He has been recognized as an outstanding attorney by Best Lawyers® every year since 1995 and by Super Lawyers® every year since 2005. Moreover, he has achieved a rating of “Superb” on the leading lawyer-review website, Avvo®, the highest achievable rating.

100+ Years of Combined Experienced

Along with Suzanne Holz Meola, Terri Hiles, Daniel Rosenthal, and Sam Scimeca, our New Jersey workers’ comp attorneys have more than 100 years of combined experience, having successfully handled thousands of litigated workers’ comp cases throughout New Jersey. This experience and winning track record means that you are going to have a skilled New Jersey work injury lawyer who will work for you.

Wear and Tear and Loss of Function – Delayed Onset Injuries

As a valued client of our firm, you can expect legal excellence when our proven New Jersey workers’ compensation lawyers handle your matter, regardless of the size of your case. Your case management will involve a comprehensive review of basic workers’ compensation coverage – such as wages and medical coverage – along with more complex issues, such as work-related medical conditions, loss of function, and WEAR and TEAR injuries that may not show up until years after you have left a job.

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Some injuries, such as WEAR and TEAR injuries, may not be evident immediately, but rather develop over time. No matter what the extent of your injuries are, you will always be treated courteously and professionally by our staff.

What Kinds of Benefits Are Included in Workers’ Compensation?

Medical Care

The medical benefits of workers’ compensation are intended to cover doctor visits, medication, and surgeries related to identifying and treating your injury or illness. Should you need special therapy or equipment to deal with your injury, workers’ comp will cover these costs as well.

Disability Benefits

Disability benefits are meant to compensate you for wages while your injury or illness makes it impossible for you to work.

• Temporary Disability Benefits – You are entitled to up to 400 weeks of tax-free temporary disability benefits, based on 70% of your wage for any medical condition that is either caused or worsened by your employment.
• Permanency Benefits – There are additional workers’ compensation benefits known as “permanency benefits”, which are awarded by a Judge of Compensation based upon medical evidence supporting a measurable loss of physical function. Most work-related surgeries, fractures, dislocations, tears, disc bulges, protrusions, and herniations qualify. These benefits can be pursued up to two years from the last date of medical treatment, even if the person has not pursued workers’ compensation benefits or even if the person no longer works for the employer where the original accident occurred.
• Total Disability Benefits – When your work injury permanently limits the kinds of work you can do or your ability to earn a living, you would receive total disability benefits.

If your injury or illness falls into one of these categories, your disability benefits will be based upon the amount you were earning prior to your injury—typically, two-thirds of your regular wages. You will not have to pay income tax on the benefits you collect. For more information in regards to your specific case, please consult with one of our experienced New Jersey workers’ compensation attorneys.

What to Do When You Are Injured at Work

If you are injured while on the job, the first and most important thing you must do is to advise your employer of the injury as soon as possible. Even if you initially think that the injury is not serious, it is important that you let your employer know about the incident. By law, you are required to report the workplace incident to your employer within 90 days of the accident.

In the State of New Jersey, every worker is entitled to workers’ comp benefits regardless of the size of the employer or the length of time the employee he or she has been employed. In fact, you are eligible even on your very first day of employment.

To make sure that you receive all of the benefits that you rightfully deserve, we strongly recommend contacting a competent New Jersey worker’s comp lawyer who will serve as an advocate for you and help guide you through the entire process. Regardless of which attorney you choose, you should never be asked to pay fees upfront. Our attorney fees are actually set by the Workers’ Compensation Court and are ONLY paid after the lawyer is successful in obtaining benefits for you. By law, the fee cannot exceed 20% of your recovery.

There are three benefits associated with workers’ compensation, which many people do not realize.  These three benefits are temporary disability benefits, medical treatment, and permanent partial disability. All too often, injured employees leave money on the table because they are not aware of the full scope of benefits.  When you work with our experienced New Jersey workers’ compensation attorneys, we will work hard to be sure you receive all of the benefits that you deserve.

Although the system is designed to have the court review every case to be sure that the insurance company compensates you properly, you must retain a lawyer to file a Petition arranging for judicial review. Without a skilled New Jersey workers’ comp lawyer to file the Petition, you will receive whatever the insurance company decides to voluntarily pay; the court system will not be involved.

As many of our clients will attest, having New Jersey workers’ compensation attorneys from Petro Cohen, P.C. by your side can be invaluable.  We encourage you to check out the many client testimonials our clients have provided.

How Our New Jersey Workers’ Compensation Lawyers Can Help You

We earn our reputation by helping our clients overcome a limitless number of challenges time and time again. Specifically, many injured employees are thrown curve-balls by their employers and workers’ comp insurance companies that are confusing, perplexing, and unfair.

Some of the most common issues we successfully handle for our clients include the following:

• The insurance company’s initial denial (rejection) of a workers’ comp claim based on a number of different reasons:
  • Failure of an employee to notify an employer in a timely manner
  • Failure of an employee to seek medical treatment for a work-related injury in a timely manner
  • The determination that the injury was suffered outside the scope of employment
  • The determination that the injury was not suffered at a place of employment (this may include a determination that the injury was pre-existing)
  • The determination that the incident leading to injury is exempt from workers’ comp insurance coverage (e.g., self-inflicted injury, injury caused as a result of horseplay, injury caused because of impairment due to alcohol or drugs)
• The insurance company’s decision to not pay (or discontinue payment of) medical expenses based on the following reasons:
  • The determination that the medical treatment is or was provided by an unauthorized physician
  • The determination that the type and/or duration of treatment is or was not authorized
  • The determination that the medical treatment is unnecessary and/or unreasonable
  • The determination that the medical treatment is unrelated to a work-related injury
  • The determination that the medical treatment has exceeded a reasonable duration
• The insurance company’s decision regarding temporary, permanent, partial, and/or total disability:
  • Each of these classifications of disability determines the amount and duration of weekly benefits that an injured employee may receive, and insurance companies may improperly classify a disability in order to pay less in benefits.
• The insurance company’s failure to correctly calculate an injured employee’s average weekly wages:
  • An employee’s average weekly wages prior to the work-related injury is critical in determining the number of weekly benefits to be paid to an injured employee. Failure to correctly calculate this number may result in lower weekly check amounts.
• An insurance company’s low-ball settlement offer:
  • In order to resolve an outstanding claim as quickly as possible (for as little money as possible), the insurance company may offer a low-ball amount to settle the claim. In workers’ comp cases, any settlement reached is referred to as a “lump sum settlement.”
• Unlawful termination of employment because of a work injury:
  • Employers are not required to hold an employee’s position open in every single workers’ comp situation; in many cases, they must hold the job open.
  • There are strict rules and regulations that govern an employer’s duty in this regard; in many cases, employers unlawfully and/or improperly terminate an injured employee’s employment.
  • Moreover, injured employees may be able to return to work with certain restrictions, but employers do not want to deal with the hassle. In these cases, employers fail to provide legally required, necessary accommodations, or they may simply unlawfully terminate employees due to the restrictions.

In addition to helping clients face and overcome these specific issues, our New Jersey workers’ comp lawyers help injured employees through every step of the process.

Some of the exceptional legal services we will provide you include the following:

• Timely and complete filing of required documents with your employer, the New Jersey Department of Labor and Workforce Development – Workers’ Compensation Division, the court, etc.
• Assistance in obtaining authorization for medical treatment.
• Assistance with the Independent Medical Exam (IME) process.
• Direct communication with your employer and workers’ comp insurance company.
• Obtaining all necessary medical bills and records.
• Conducting necessary legal and factual research specific to your case.
• Representation at all hearings before the Department of Labor.
• The handling of any necessary appeals.

Do You Have a Third Party Claim?

If an employer has a valid workers’ compensation insurance policy, he or she is typically provided immunity from any personal injury lawsuits that may result following a construction site accident. However, these policies do not prevent individuals from filing lawsuits against their employers if the injury was proven to be deliberate. Those who have been injured may consider seeking legal counsel from the attorneys at Petro Cohen to pursue claims against a third party such as

• Manufacturers
• Engineers and architects
• Owner of the construction site
• Prime contractors
• General and sub-contractors

Our firm can help you to determine if more than one party may be held accountable for your injuries. Our experienced construction accident lawyers can work to protect your legal rights and build a strong case so that you receive the maximum compensation to which you may be entitled under New Jersey law. We can evaluate your claim and help you determine if you are eligible to pursue more than one claim including product liability, wrongful death, workers’ compensation, and personal injury. Individuals who are injured in construction site accidents often suffer from severe physical, financial, and psychological pain. Permanent injuries, extensive medical bills, and coping with the trauma of a life-altering injury can have a significant impact on a person’s life, and his or her family may be adversely affected as well. By working with Petro Cohen and filing a personal injury lawsuit against those responsible, you may be eligible to recover damages for pain and suffering, property damage, physical therapy, loss of wages, counseling costs, medical expenses, treatments, and/or rehabilitation therapies.

The Myths Surrounding Workers’ Compensation

● You can only claim workers’ compensation if the injury was your employer’s fault. Workers’ compensation works entirely differently than a personal injury lawsuit: An employer must pay compensation to workers who were injured on the job, regardless of who was at fault. It might have been the employer, it might have been another worker at that company, a worker from another company, or even the injured worker himself. Negligence on the part of the employer is in no way a condition for compensation.

● No matter how a worker is injured, he or she is entitled to workers’ compensation. It is true that the majority of injuries on the job are covered – even if they were caused by the worker’s own mistake. However, some injuries are excluded from workers’ compensation. For example, injuries suffered because the worker was knowingly and willfully negligent, such as in the case of using controlled substances on the job, may be exempt from workers’ compensation. Additionally, workers’ compensation may not apply where an injury is not directly linked to the job, as, for example, with mental health issues.

● Most workers’ compensation claims are fraudulent. Some employers would like to make it seem like their workers are constantly trying to scam them for workers’ compensation money. In fact, only one to two percent of workers’ compensation claims are false. Most workers who claim injury on the job do have a strong case and deserve compensation.

● Workers’ compensation will cover all costs related to your injury. Certain expenses are expressly left out of workers’ compensation. No matter how serious the injury, a worker cannot claim compensation for pain and suffering – these types of damages are reserved for lawsuits based on negligence, not workers’ compensation.

Health Insurance v. Workers’ Comp Insurance: The Basics

Here is a brief look at the basic elements of these different types of insurance coverages.

Employer-Provided or Private Health Insurance Coverage

• “Regular” health insurance coverage pays (or partially pays) for your medical expenses NOT incurred as the result of a work-related injury.
• You as an individual are the policy holder.
• As part of an employee benefit plan, your employer may pay a portion or all of the insurance premiums.
• Depending on the policy, you may be subject to certain deductibles and co-pays.
• The types of covered medical expenses may include just about anything – depending on the language of the policy.
• Many health insurance policies exclude coverage for any medical expenses resulting from work-related injuries (including occupational illnesses).
• The health insurance company is not required to continue paying benefits on your behalf if and when you stop paying premiums and/or if you become ineligible for coverage.

Workers’ Comp Insurance Coverage

• With respect to workers’ comp insurance coverage, the named policyholder is your employer, rather than individual employees.
• Your employer pays the premiums.
• The State of New Jersey requires almost all employers to carry workers’ comp insurance coverage on behalf of their employees.
• Workers’ comp pays ONLY for your work-related injuries or illnesses.
• In New Jersey, an employer/insurance company has the right to choose your physicians and facilities that provide you with medical treatment for your injuries.
• Also, the insurance company must authorize the nature and cost of medical treatment.
• If you choose to see an unauthorized doctor and/or receive unauthorized medical treatment, the insurance company may deny payment; and you will be on the hook for resulting medical expenses.
• In order to receive workers’ comp coverage for your work-related injuries, you must notify your employer within a very short period of time; you must seek medical treatment within a specified time period; and you must comply with all relevant filing deadlines.

In addition to paying for your medical treatment incurred as a result of your workplace injury, workers’ comp insurance also pays for some or all of the following benefits.

• Certain disability benefits. These include the payment of a percentage of your wages for a period of time.
• Permanent impairment compensation. This may be available to you if you suffered any type of permanent impairment from your work-related injury, including scars.
• Vocational rehab services. These services may be available to you free of charge if your work-related injury forces you to seek new employment.
• The right to appeal. If your employer/workers’ comp insurance company determines that you did not suffer a work-related injury, or if payment for medical expenses is denied, you can appeal the decisions within the workers’ comp system.
• And more.

Contact a Trusted Worker’s Compensation Law Firm – We Can Help

If you or someone you love would like to receive more information on workers’ compensation settlements, wage loss, workplace injuries, wage claims, and how to receive benefits, contact our New Jersey workers’ comp attorneys as soon as possible at (609) 677-1700 to schedule your free consultation.  At Petro Cohen, P.C., our New Jersey workers’ compensation attorneys can answer your questions and determine the most efficient way to proceed in order to help you and your family obtain the compensation that you deserve.

Our experienced attorneys handle other types of cases as well, including:

• Construction Litigation,
• Wear and Tear,
• Personal Injury,
• Auto Accidents,
• Dog Bites,
• Premises Liability,
• Injured by an Under-Insured or Uninsured Driver
• Social Security Disability,
• Public Property Injuries, and
• Other Interesting Cases

Additional Resources for Work Injury Matters

• Atlantic City Lawyers
• Cherry Hill Lawyers
• Workers’ Compensation: Facts You Need to Know
• Do I Have a Workers’ Compensation Claim?

FAQs

Petro Cohen, P.C. has been consistently recognized as one of New Jersey’s leading firms in the area of Workers’ Compensation. The following Frequently Asked Questions provide valuable information on Workers’ Compensation. You can also check out some interesting facts on Workers’ Compensation by visiting our Facts You Need to Know page.

Our experienced NJ work injury attorneys are always available to talk with you and provide additional information on workers’ benefits, wage claim, workplace injury, wage loss, and workers’ compensation settlement. Call us at (888) 675-7607 for your free legal consultation.