New Jersey Workers Compensation Lawyers
If you’re injured on the job, will you be fully compensated for your injuries? Will your rights be fully protected if you’re injured at work? If you have a Workman's Comp NJ claim, do you need a workers comp attorney who specializes in handling these types of claims?
The Answer is Clear.
You Need Garces, Grabler, LeBrocq Workers Compensation Lawyers
You need the very best NJ workers compensation lawyers you can find to represent you in your claim. You want trial lawyers who don’t accept just any settlement offered by the insurance companies, but will FIGHT for your rights. You want a certified workers comp attorney from Garces, Grabler, LeBrocq. William N. Grabler, Esq. is a Certified Workers’ Compensation lawyer by the New Jersey Supreme Court. Grabler and NJ workers compensation lawyers at Garces, Grabler, LeBrocq have over 40 years of experience representing clients in all types of workman's comp NJ cases.
We Know the Facts… Do You?
- Men and women are working longer hours and producing more for their employers than ever before.
- Over the past five years, U.S. companies have continued to report gains in the overall productivity of their workers, despite layoffs, downsizing, plant closings and hiring freezes.
- Company management may sometimes overlook, or deliberately ignore health, safety and environmental rules.
- Longer hours and more pressure to satisfy the requirements of a job may lead to more stress on the job and long-term health consequences for the employee.
- U.S. companies are determined to control health care costs. Some companies use nurse-case managers who go with the injured worker to the doctor’s office and report back to the insurance company on what tests the doctor ordered, what treatment was prescribed by the doctor, its cost, how fast the injured worker is recovering and when the treatment can be terminated. In some cases, the quality and care provided to the injured worker may not be the best available under all of the circumstances.
- Many jobs today involve rapid and repetitive physical effort of a continuous nature throughout the workday. Over time, the cumulative effect on a worker’s hands, knees and spine can be considerable, and may lead to constant joint pain. Companies have been slow to recognize and admit compensation benefits for some of these occupational injuries.
- Injured workers are sometimes returned to work before their injuries are fully healed. In some cases, employers are expected to follow the doctor’s recommendations for light duty work. Sometimes they do, and sometimes they don’t. Sometimes they put the still injured employee to the test: either do a job your doctor says you shouldn’t do, or go home and not get paid.
- Employers are required by law to carry Workers’ Compensation insurance for their employees. But some employers are not insured, and when an employee is injured and the employer isn’t insured payment of medical bills and temporary disability benefits may be delayed, or not paid at all, unless you have a very good workers comp attorney on your side.
- Temporary Disability Benefits are weekly checks that are paid in place of wages. An injured worker can receive less in temporary disability benefits than he or she is legally entitled to if the insurance company doesn’t count the amount of overtime regularly worked by the employee before the accident
- New Jersey Workers’ Compensation Law has procedures for how and when a claim is reported, and other requirements that have to be satisfied in order for an injured employee to collect workers’ compensation benefits.
- In all cases, the Burden of Proof is on the injured worker to prove his or her right to collect all of the compensation benefits that the law allows.
Injured In a Workers’ Compensation Accident? Come See the Difference that Garces, Grabler, LeBrocq Can Make for You.
The workers compensation lawyers at Garces, Grabler, LeBrocq are dedicated. You find us in the office at 6:00 in the evening and bright and early on Saturday mornings. We’re available to you when many lawyers are not. We will provide you with an experienced workers comp attorney who will maximize your recovery. We have successfully obtained many large cash awards for our clients—and we will strive to do the same for you.
Always Beware of the Statute of Limitation
If you were injured or someone you love was injured or killed as a result of a work-related incident or if you have sustained an occupational illness or disease, you must act immediately. Although you may have a valid claim today and be entitled to compensation for your injuries, if you fail to file a lawsuit within the prescribed period of time you may be barred from recovery because of the statute of limitation. Don’t delay in seeking the legal help you need and deserve. If you can’t come to us, we’ll come to your home or hospital bed.
No Recovery – No Fee
We’re not like other NJ worker compensation lawyers. You won’t be asked to sign a retainer agreement when you come in to see us. Our fees are governed by statute, and determined by the court at the successful conclusion of your case. Once we’re retained, our law firm will obtain all medical records at no expense to you, and our costs will be reimbursed only if there is a monetary recovery or award.
If you need to discuss workman's comp, NJ consultations are always free, and appointments are available daily. Speak to an experienced workers’ compensation attorney immediately by calling 800.923.3456 or contact us online to experience the difference we can make.
What to Know About Workers’ Compensation Law in New Jersey
In New Jersey, 75,800 non-fatal workplace injuries or illnesses, including 82 fatal injuries, occurred in 2020. The number of overall injuries was a small increase from the prior year. When someone is injured while working, they have the right to seek workers’ compensation benefits. Workers’ compensation helps to cover the expenses injured workers suffer as a result of their injury. Anyone who is injured while working can read below to learn more about workers’ compensation and what to expect or contact the Law Offices of Garces, Grabler, and LeBrocq today for help.
Types of Injuries Common in Workplaces
Workers’ compensation insurance covers a wide range of injuries that can occur in the workplace. While some workplaces are known to be more dangerous (such as a construction site) any worker in any type of workplace can be injured on the job. Some of the most common injuries employees report for workers’ compensation include the following.
Severe illnesses can result from exposure to harmful substances in the workplace, such as electricity, radiation, extreme temperature, or oxygen deficiency. This can also include exposure to infectious diseases, such as COVID-19.
Workers can suffer broken bones on the job in a variety of ways, including from slip and falls, falling from a height, collapsing equipment, being struck by moving objects, and crush injuries.
Muscle/Joint Sprains and Tears
Similarly, many workers can suffer strains, sprains, and tears to their muscles and joints because of activity in the workplace. Injuries to the shoulders, elbows, and knees can occur due to heavy and repetitive lifting.
Traumatic Brain Injuries
Traumatic brain injury can occur when a worker is struck in the head. These injuries can occur in car accidents, slip and fall accidents, crush accidents, and many more.
Back Sprains or Strains
Back sprains or strains can happen in any workplace. They can often result from lifting heavy objects. These injuries can lead to severe back pain.
Repetitive Motion Injuries
Performing the same movements over and over can lead to repetitive motion injuries. These include carpal tunnel syndrome, back injuries, and shoulder injuries. These injuries can severely limit or prohibit movement, which makes it harder for an injured worker to perform the same job after many years.
Proper hydration is crucial in the workplace, whether the workplace is outdoors or indoors. Failing to drink enough during the day can lead to severe injury, especially if a worker ends up in the hospital with severe injuries.
Stress and environmental factors in a workplace can lead to psychological injury. To help workers’ overall well-being and safety, they may need the help of mental health professionals.
Common Causes of Workplace Injuries
Work-related injuries can happen anywhere, even during work-related travel outside of the actual workplace. Some of the most common reasons for a workplace injury include as follows:
Motor Vehicle Accidents
The most common way for someone to be injured while working is via motor vehicle accidents. While this does include being in an accident while driving for work-related travel, such as going to or from a job site, it can also include being injured by a motor vehicle at the worksite. It involves workers who may be in the vehicle at the time of the accident as well as anyone hit by a vehicle at a job site.
Slipping, Tripping, and Falling
Any type of fall can lead to severe injury in the workplace. Slipping and falling to the ground can lead to sprains, tears, and broken bones. Falls from a significant height, such as from a scaffold or cherry picker, can lead to catastrophic injuries requiring a significant hospitalization and recovery.
Electrocutions can happen in any setting. If electrical wiring becomes loose, someone could become electrocuted by plugging in their computer or a light. Electrocution commonly occurs when proper safety precautions are skipped while working on the electricity in a building. Working in a wet environment can lead to electrocutions, as well, if the water becomes electrically charged.
Damage by Heavy Machinery
The use of heavy machinery in the workplace can cause severe injury. Workers bumping into, falling into, or using heavy machinery incorrectly can all lead to severe injuries. Proper safety precautions are in place to help prevent injuries, but the severe injury can happen even if all safety protocols are followed. When proper safety protocols are ignored, the potential for serious injury goes up significantly.
Repetitive Stress Injuries
Performing the same movement over and over, especially if for long periods and daily, can lead to repetitive stress injuries. These injuries can include carpal tunnel syndrome, back pain, knee pain, and shoulder pain.
The proper way to lift heavy items is by bending at the knees and keeping the back straight. Using an improper technique to lift, such as bending the back to lift heavy items, can cause injury. Additionally, lifting items that are too heavy or too bulky can lead to injury regardless of technique. These injuries can be very severe.
Dealing With Workplace Injuries
After being injured at work, the worker must inform their employer about the injury. This should be done as soon as possible, even if the injury doesn’t appear to be serious at the time. New Jersey law requires workers to report most traumatic injuries within 90 days. Hernias need to be reported within 48 hours. It is a good idea to report an injury as soon as it happens.
An injured worker should also seek immediate medical attention for their injury. If the injury is severe, the injured worker should go to the emergency room immediately. For less severe injuries, the employer should direct the injured worker to attend a medical facility, such as urgent care or occupational health center. If the employer refuses to provide immediate medical treatment, the injured worker should go to their doctor to get the injury looked at. The injured worker should also contact an attorney immediately.
Benefits Included Under Workers’ Compensation
In New Jersey, workers who are injured on the job are entitled to three rights: medical benefits, temporary disability, and permanency benefits. Medical benefits require the employer and their insurance carrier to pay for all necessary and reasonable medical treatment, prescriptions, and hospitalization relating to a work-related injury.
Temporary disability benefits are paid to an injured worker if the work-related injury disables them for more than 7 days. Benefits are paid at a rate of 70% of their weekly wage for up to 400 weeks. These benefits are available for the period when a worker is unable to work and is under active medical treatment.
Permanent partial disability is payments made to an injured worker when the injury results in some level of permanent impairment to their ability to function. When a work-related injury is so severe that the person is unable to ever work again, they are entitled to receive permanent total disability benefits. Permanent total disability benefits pay injured workers 70% of their wages per week for life. Permanent total disability benefits are initially paid for 450 weeks and continue after for life if the injured worker is unable to return to work.
Do You Need a Lawyer to File?
There is no formal requirement for an injured worker to hire a lawyer. That said, it is always a good idea to hire a lawyer who specializes in the field of workers’ compensation law. Without a lawyer, the worker will only receive the benefits that are willingly provided by the insurance company. In almost all cases, this is much less than what the injured worker is entitled to. A lawyer can help make sure that the injured worker receives all of the medical benefits, temporary disability benefits, and permanent disability benefits that they are entitled to receive.
To get help with your workers’ compensation claim and receive a higher amount of compensation, contact the Law Offices of Garces, Grabler, and LeBrocq now for a consultation.
FAQs About Workers Compensation in New Jersey
Workers’ compensation is designed to provide financial assistance to those who are injured while working. While it is available everywhere and used whenever someone is injured at work, most people will still have a lot of questions, especially if they’ve never filed a claim in the past. While waiting for a consultation with a workers’ compensation attorney, get answers to some of the questions you might have below.
What Do I Do if I’m Injured at Work?
After being injured at work, it is important to tell the employer immediately about the injury and that medical attention is needed promptly. If the injury is severe, you should go to the emergency room immediately. However, you should also tell the employer about the injury and that it has caused you to go to the emergency room as soon as possible.
How Long Do I Have to File a Claim?
There are two limitations that injured workers need to be aware of when they are hurt at work. First, for most traumatic injuries, the worker must report the injury to their employer and know about the injury within 90 days. If the injury is a hernia, the worker must report the injury to their employer within 48 hours.
Second, the worker has two years from either the date of the accident or the last date of medical treatment authorized by the employer to file a claim petition with the workers’ compensation court. In cases where the injury is due to an occupational injury instead of an accident, the limit is two years from when the worker knew or should have known about the injury.
An experienced and knowledgeable workers’ compensation lawyer at the Law Offices of Garces, Grabler, and LeBrocq can help explain the relevant deadlines and make sure they are followed.
Can I Receive Benefits for a Pre-Existing Condition?
A claim cannot be made for a pre-existing condition on its own. However, if a pre-existing condition is made worse due to either the work environment or a work-related injury, you can file a claim for workers’ compensation. These cases can be more difficult to prove, which is why it is important to speak with a lawyer for these types of injuries.
Can I Be Denied Benefits?
Often, workers’ compensation claims can be denied by the employer or their insurance company for incorrect reasons. A worker is entitled to workers’ compensation benefits, even if the injury is their fault. It is important to speak with a lawyer when workers’ compensation benefits are denied.
What Can I Do if my Claim is Denied?
Workers whose claim for workers’ compensation benefits are denied have options to make the employer and their insurance company provide workers’ compensation benefits. When a claim is denied, it is important to work with a lawyer who is familiar with New Jersey workers’ compensation law. The experienced team at the Law Offices of Garces, Grabler, and LeBrocq can advise the worker on how to proceed.
Do I Need a Lawyer to File a Workers’ Compensation Claim?
It is always a good idea to work with a lawyer who knows workers’ compensation law. The process for filing a claim petition with the workers’ compensation can be confusing for people not familiar with the process. Additionally, an injured worker who is proceeding on their own will often only receive the benefits that the employer and their insurance company willingly provide. In almost all cases, this is much less than what the injured worker is entitled to. A lawyer can help make sure that the injured worker receives all of the medical benefits, temporary disability benefits, and permanent disability benefits that they are entitled to receive.
Will I be Fired for Filing a Workers’ Compensation Claim?
It is illegal under New Jersey law for an employer to fire a worker because they have filed a workers’ compensation claim or have been injured on the job. Nevertheless, some employers will do it anyway, either as a form of retaliation or in the hopes that the injured worker does not know their rights. If this happens, an injured worker should speak with a lawyer immediately about their options. This may include bringing a separate employment law claim against the employer for retaliatory discharge.
Will I be Fired for Hiring a Lawyer?
Workers cannot be fired for hiring a lawyer to help with a workers’ compensation claim. If this does happen, the worker should tell the lawyer about it immediately about their options.
What Injuries are Covered by Workers’ Compensation?
Workers’ compensation covers any injuries that happen at work that are caused by the work. These include broken bones, strains, sprains, repetitive motion injuries, illness, and traumatic brain injuries. If an injury happens while working or because of the work, it is covered by workers’ compensation.
Can I Go to Any Doctor for Medical Treatment?
Injured workers are required to use a physician authorized by the employer for their medical treatment. If the injured worker uses a doctor that is not authorized by the employer, the injured worker may be responsible for the medical bills. If there are any issues with the medical treatment received or the ability to seek timely medical care through the authorized physician, contact a lawyer to learn more about the options available.
Can I Receive Coverage for Injuries or Illnesses Not Related to an Accident?
Workers’ compensation covers more than just injuries due to traumatic accidents. It will also provide coverage for occupational claims, such as repetitive motion/repetitive stress injuries, exposure to substances, and illnesses suffered on the job. Workers who are exposed to COVID-19 due to their job may be entitled to receive workers’ compensation benefits, especially if they were essential worker.
Will I Be Able to Return to My Job After an Extended Absence?
Employers who fall under the Family and Medical Leave Act (FMLA) can be required to hold an injured worker’s position open for an absence of up to 12 weeks. Additionally, an employer may be required to provide an extended leave of absence as an accommodation under the Americans with Disabilities Act (ADA).
These are just a few of the questions most people will have after an injury at work. It is a good idea to speak with a lawyer to get more specific advice related to your injuries and workers’ compensation claim to know how to move forward. Schedule a consultation with the Law Offices of Garces, Grabler, and LeBrocq today to learn more about your situation and how working with a lawyer can help.