Workers' Compensation: Employees

HOW WE HELP

Fighting For Employees

Fighting for fair treatment and fair compensation on behalf of workers.

The unthinkable has happened. You’ve suffered a serious injury or ailment because of work. Medical treatment and rehabilitation are expensive and time consuming. You’ve lost wages. Insurance representatives are denying your claims.

You don’t have to go through this alone. While this can be a difficult time, our lawyers know how important it is that you’re compensated fairly and receive medical treatment quickly.  We’re here to help you make sure that happens.

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Don’t worry about

legal fees

Worried about racking up fees without a guaranteed outcome? We don’t charge anything until you’ve received your settlement check.

No settlement? No attorney fees.

Your case is a partnership

At Mindas and Morris, we’re in your corner.

When you get hurt at work your life can be turned upside down. Legal matters are never over in a week, so we work hard to be by your side every step of the way, treating your case as if it were our own. For us, it’s personal – and that means giving everything we have to making sure you get what’s rightly yours.

We’ll walk you through the complex legal processes, advocating on your behalf. Our lawyers prioritize client care and communication, which means you’ll always work directly with one of our experienced attorneys.

Your case is important – and that means you deserve one-on-one time.

We want you to understand how this process works so you can make informed decisions. We’ll never leave you in the dark. 

 

Time is of the essence

You can’t wait forever to receive your benefits. With financial commitments and personal obligations, getting income is critical. 

Book your free consultation to get back to
what really matters – YOUR LIFE!

Frequently Asked Questions

Have a questions?

If you don’t see the answers to your questions here, please reach out. 

Our experienced lawyers are here to help.

(973) 315-9628
info@mindasmorrislawfirm.com
What benefits are part of workers compensation?

New Jersey has a workers’ compensation system that covers employees’ medical costs – including physician care, surgery, prescribed medications, and rehabilitation through approved providers – and lost wages as a result of workplace injuries or illnesses. Compensation for lost wages is also referred to as temporary or permanent disability benefits. 

Temporary disability benefits are the most commonly received and are calculated at 70% of your average weekly pay. Permanent disability benefits are an additional compensation based on permanent injury or loss of function. Whether or not temporary or permanent disability will be granted depends on the strength of your case and the final decision of the court. 

What steps do I take if I need to file a workers’ compensation claim?

The first thing to do is speak with your employer and notify them of your situation. Notifications don’t need to be in writing, but it’s always worth documenting any communication about a claim. 

Your employer would give you forms to document the event so they can file a claim with their insurance carrier. If your employer refuses to file a claim for you, you should contact an attorney immediately to file a case on your behalf.

Working with a lawyer can be extremely helpful in these types of cases, as denials can be common and the rules surrounding appeals are often complex. 

What if the injury or illness was my fault?

New Jersey is a no-fault state for workers’ compensation claims. That means that, when it comes to filing a claim, it doesn’t matter who or what caused the injury – you are still entitled to benefits.

Do I really need an attorney?

Although attorneys may seem like an expense that you can’t afford when you’re strapped for cash, it’s highly advisable to retain legal counsel when you’re dealing with a workers’ compensation claim. Workers’ compensation claims are complex and insurance denials are common. Between the paperwork, legal and insurance regulations, and your own pain and suffering, you want to have an experienced attorney in your corner. 

Additionally, you may be entitled to a monetary settlement via a formal claim with the New Jersey Workers’ Compensation Courts, but this can only be filed by an attorney licensed in the state. Not filing the formal claim will impact your ability to claim compensation and may even affect your right to medical care.

At Mindas and Morris, we don’t require any upfront payment and we don’t collect any fees until your case is settled.

Can I be fired for making a workers' compensation claim?

No, in New Jersey your employer can’t fire you because of a workers’ compensation claim or because you’re on work restriction as determined by an authorized treating physician. Your employer is legally required to accommodate those restrictions for the duration of your claim until you are released to normal work duty.

However, you aren’t protected from termination solely on the basis of being on workers’ compensation. If there were other demonstrable grounds for firing you, your employer could do so regardless of your claim. 

Can I see any doctor I want?

No. Under the Workers’ Compensation law, the insurance carrier has the right to “control” treatment. That essentially means they get to choose the treating doctors and you cannot select any doctor you would like. The trade off to this is that the insurance carrier pays 100% of the medical bills. You are not responsible for any co-pays or deductibles.

Can you work while receiving workers' compensation?

Yes and no. The answer to this question depends on your individual situation.

Yes, you can in regards to medical treatment. It’s important to know you’re entitled to medical treatment whether you’re working or not. 

However, that doesn’t mean you’re entitiled to workers’ compensation disability payments. Three are three main situations involved in this scenario: 

1) If a doctor, approved the insurance carrier, determines you are unable to work due to your injuries and keeps you out of work for 7 days or more. In that situation, you are entitled to workers’ compensation disability payments. The payments are equivalent to 70% of your gross weekly wage. If you are receiving disability payments, you cannot work. 

2) If a doctor, approved by the insurance carrier, determines you are able to returnt o work full duty. In that situation, you will not receive any disability payments. 

3) If a doctor, approved by the insurance carrier, determines you are able to return to work but only on light duty. In that situation, if your empoyer can accomodate your light duty restrictions, you will not receive any disability payments. If your employer cannot accomodate your light duty restrictions and you are out of work for 7 days or more, you will receive disability payments. 

What can I do if my employer doesn't have workers' compensation coverage?

In New Jersey, all employers must have workers’ compensation insurance for their employees. If you find that your employer doesn’t have insurance, the State of New Jersey established the Uninsured Employees Fund (UEF) to provide benefits to those employees. 

Why are my benefits being denied?

There are lots of reasons why employers deny workers’ compensation claims. An experienced lawyer can help you determine the cause of the denial and what steps to take next to get your benefits.

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