Workers' Compensation

New Jersey Workers’ Compensation Facts Lawyers

Learn the Important Facts about Workers’ Compensation

Petro Cohen has been consistently recognized as one of New Jersey’s leading firms in the area of workers’ compensation. The following facts you need to know provide valuable information on workers’ compensation.

Our experienced 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.

  • Workers’ compensation benefits are not limited to work “accidents.” They can also be payable when the WEAR and TEAR of your job duties over time cause a worsening of your medical condition. Typical examples include construction workers, nurses, housekeepers, secretaries, drivers, food servers, and casino workers whose job duties place stress on their necks, backs, or wrists and who develop disc problems or carpal tunnel conditions.
  • Workers’ compensation can be payable even if you have a “pre-existing” medical condition. If that condition is aggravated or worsened by work, you may be entitled to benefits.
  • A Judge of Workers’ Compensation can order a workers’ compensation carrier to provide you with benefits even if the workers’ compensation carrier has denied your claim.
  • It is illegal for an employer to terminate you or discriminate against you in any way because you have filed a workers’ compensation claim. A workers’ compensation claim is not a lawsuit against your employer and has nothing to do with fault.
  • You are paid workers’ compensation benefits based on the nature of the work-related medical condition, not based upon whose fault the accident was.
  • You are covered under workers’ compensation from the first day you begin working, and there is a State requirement that all employers (regardless of the employer’s size) have workers’ compensation coverage.
  • 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.
  • You should not pay out-of-pocket for any medical costs (including prescription medications) when you receive workers’ compensation medical treatment.
  • A lawyer cannot charge you a retainer fee in a workers’ compensation case. Legal fees are only payable once a claim is concluded and a Judge of Compensation has ordered the workers’ compensation insurance carrier to pay a fee.
  • 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.
  • Often the insurance company can be challenged when it denies you adequate medical treatment. You do not have to take “no” for an answer, especially if you need further medical treatment.

Contact us today to find out how we can help you with your workers’ compensation claim.

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  • Highest firm rating (AV) from Martindale-Hubbell
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  • Named in every "NJ Super Lawyers®" survey for Workers' Compensation since 2005 and 12 times for Personal Injury