Workers' Compensation

Petro Cohen Petro Matarazzo 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 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 is the payment (usually by your employer’s workers' compensation carrier) of three separate benefits when work either causes or worsens a medical condition.

Temporary Disability Benefits – 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.

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 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 to make an application to a Judge of Workers’ Compensation. With our assistance, we can work with you and the Judge for a determination as to what, if any, additional compensable medical treatment you require.

Permanent Partial Disability – 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 settlement attorney.Give us a call at 888-675-7607 or fill out our online form to request a free and confidential consultation with one of Petro Cohen’s workers’ compensation attorneys.

If you are injured at work, the law requires you to report the incident 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.

A work-related injury is any injury or illness that you suffer during the course and scope of your employment. This includes three primary types of medical conditions: physical injuries, occupational illnesses, and repetitive stress (what we call WEAR and TEAR) injuries.

Many people have a 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.

If you are hurt at work, you need an experienced workers' compensation attorney on your side.  Give us a call at 888-675-7607 or fill out our online form to request a free and confidential consultation with one of Petro Cohen’s workers’ compensation attorneys.

 

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. Call us at 888-675-7607 or fill out our online form to request a free and confidential consultation with one of Petro Cohen’s workers’ compensation attorneys.

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 ensure you receive all of the compensation that you rightfully deserve, we strongly recommend that you contact a qualified workers' compensation attorney.  For a free and confidential consultation, call Petro Cohen law firm at 888-675-7607 or fill out our online form

We often are asked, "Can I be denied workers' compensation if the injury was my fault?"  The answer is, "Almost never."

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 also represent you.

If you have questions about a potential workers' compensation claim, our experienced workers' comp attorneys can help.  Give us a call at 888-675-7607 or fill out our online form to request a free and confidential consultation with one of Petro Cohen’s workers’ compensation attorneys.

 

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.

If you have any questions regarding a potential workers' compensation claim, our attorneys are happy to help.  To schedule a free and confidential consultation, give us a call at 888-675-7607 or fill out our online form.

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.

If you have other questions regarding a potential workers' compensation claim, Petro Cohen can help. Give us a call at 888-675-7607 or fill out our online form to request a free and confidential consultation with one of Petro Cohen’s workers’ compensation attorneys.

 

The law gives the employer the initial right to select a physician (known as the "authorized" physician) to treat your work-related medical condition. So 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 if 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. Give us a call at 888-675-7607 or fill out our online form to request a free and confidential consultation.

 

If your workers' compensation claim is denied by your employer or their workers' compensation carrier, immediately consult with us. As experienced workers' compensation lawyers, we can advise you of your options.

Give us a call at 888-675-7607 or fill out our online form to request a free and confidential consultation.

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.

For more information, give us a call at 888-675-7607 or fill out our online form to request a free and confidential consultation with one of Petro Cohen’s workers’ compensation attorneys.

Actually, any medical illness or condition can potentially be a valid workers' compensation claim if the particular occupational exposure is a material contribution to the causation, worsening, or acceleration of a 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.

At Petro Cohen Petro Matarazzo, we have both the skill and experience required to help navigate through the complex workers' compensation system. Contact us for a free consultation by phone at 888-675-7607 or by completing our online form. We look forward to discussing your situation with you.

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, the condition can also be considered compensable, depending upon the proof.

For more information, visit WEAR and TEAR™ injuries.

Since these types of cases are often complex, we strongly recommend that you speak with a qualified workers' compensation attorney regarding your claim.  For a free and confidential consultation with one of our workers' compensation attorneys, call us at 888-675-7607 or complete our online form.

No, you do not need to lose time from work in order to have a valid claim for workers' compensation.  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.

Petro Cohen Petro Matarazzo has a team of skilled and experienced attorneys who can be of invaluable assistance with your workers' compensation claim, fighting to make sure you receive all the benefits to which you may be entitled. Contact us for a free consultation by phone at 888-675-7607 or by completing our online form.

This is the third benefit of workers' compensation and most people (even lawyers) know the least about this benefit. 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 active medical treatment.

We strongly recommend that you consult with an experienced workers' compensation attorney who will make sure you receive all the benefits to which you may be entitled.  For a free consultation with a member of Petro Cohen's workers' comp team, give us a call at 888-675-7607 or complete our online form and someone will be in touch with you promptly.

Yes, you qualify for permanent partial benefits even if you are no longer working for the employer where you were injured. 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.

The workers' compensation system can be complex to navigate.  That's why we strongly recommend that you speak with an experienced workers' comp attorney regarding the specifics of your case. Contact Petro Cohen for a free consultation by phone at 888-675-7607 or by completing our online form.

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.

At Petro Cohen Petro Matarazzo, we have both the skill and experience required to help navigate through the complex workers' compensation system. Contact us for a free consultation by phone at 888-675-7607 or by completing our online form. We look forward to discussing your situation with you.

Yes. However, these are complex issues and require the services of an experienced workers' compensation attorney to resolve.

At Petro Cohen Petro Matarazzo, we have both the skill and experience required to help navigate through the complex workers' compensation system. Contact us for a free consultation by phone at 888-675-7607 or by completing our online form. We look forward to discussing your situation with you.

Lawyer fees are set by the Workers’ Compensation Court only after the lawyer is successful in obtaining benefits for you. The fee cannot exceed 20% of your recovery.

Many people do not realize that there are three benefits associated with workers' compensation.  Rather than leave money on the table to which you may be entitled, we strongly urge you to contact an experienced workers' compensation attorney.

For a free and confidential consultation with one of Petro Cohen's workers' compensation attorneys, call us at 888-675-7607 or complete our online form.

 

Attorneys Working Inside Time Limits for Filing Workers' Comp Claims across New Jersey

You must file a claim within two years from the date of 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 accident or 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.

For assistance with your workers' compensation case, the knowledgeable attorneys at Petro Cohen can help.  Call us for a free consultation by phone at 888-675-7607 or complete our online form and someone will be in touch with you promptly.

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 following examples assume that your weekly wage is at least $635. The weekly rate cannot exceed 70% of your gross weekly wage. If you earn $200 per week in gross wages, your weekly permanent partial disability benefit rate cannot exceed $140 per week. In that event, your permanency award would be less than the following examples.

  • 20% of the thumb = 15 weeks at $246.00 per week = $3,690.00
  • 20% of the hand = 49 weeks @ 246.00 per week = $12,054.00
  • 20% of the leg = 63 weeks @ $246.00 per week = $15,498.00
  • 20% of the back = 120 weeks @ $264.10 per week = $31,692.00
  • 50% of the thumb = 37.5 weeks @ $246.00 per week = $9,225.00
  • 50% of the hand = 122.5 weeks @ $265.22 per week = $32,489.50
  • 50% of the leg = 157.5 weeks @ $284.96 per week =$44,881.50
  • 50% of the back = 300 weeks @ $614.00 per week = $184,200.00

For the full chart, click on the link below.

View Chart*

*State of NJ Department of Labor and Workforce Development

At Petro Cohen Petro Matarazzo, we have both the skill and experience required to help navigate through the complex workers' compensation system and to answer any questions you may have. Contact us for a free consultation by phone at 888-675-7607 or by completing our online form. We look forward to discussing your situation with you.

Why Work With PCPM?

  • Highest firm rating (A/V) from Martindale-Hubbell
  • Recognized by "Best Lawyers in America®" every year since 1995
  • Named in every (14) "NJ Super Lawyers®" survey for Workers' Compensation and 11 for Personal Injury