New Jersey Workers Compensation Lawyer - Work Injury Attorney
New Jersey Workers Compensation Lawyer - Our attorneys can provide expert legal advice on all NJ Workers Compensation matter. Call to discuss your New Jersey Workers' Compensation case today.
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Steven P. Lombardi, Esq
Overview of Available Benefits in New Jersey Worker's Compensation matters
If you have been injured at work call to discuss your case with an experienced New Jersey Workers Compensation Lawyer. Call now to speak with a worker compensation attorney. There are three general types of Workers' Compensation Benefits available to injured New Jersey Workers. These benefits are required to be included in all Workers' Compensation Insurance Policies. All New Jersey Employers are required to maintain Workers' Compensation Insurance. If an employer fails to obtain Workers' Compensation Insurance coverage they are violating the Law.
Medical Benefits are the first type of benefits. Your employer has the right to choose the physicians where you receive treatment, however all necessary curative treatment must be provided. If your appointed physicians refuse to render the treatment you require a Motion must be made to compel the necessary treatment. The is called a Motion For Med and Temp Benefits. If you have been injured at work call to discuss your case with an experienced New Jersey Workers Compensation Lawyer. Learn more about your Medical Benefits here.
Temporary Disability Benefits
Your Temporary Disability Rate is set by the average weekly wage you earned at your employment. This wage multiplied by 70% is determined to be your Workers' Compensation Rate. You are entitled to these Wage Benefits for the time you are out of work due to your injuries. Your Employer may provide light duty work prior to your full recovery which you are required to attempt to complete. If you received part or all of your salary in cash you can fight to have your wage rate set at the entire amount of pay you received. Your Rate directly affects the Permanency Award amount. If you have been injured at work call to discuss your case with an experienced New Jersey Workers Compensation Lawyer. Learn more about your Wage Benefits here.
After your treatment is terminated you are entitled to a Permanency Award. A formal Claim Petition must be filed with the Division of Workers' Compensation, to receive this award. All Workers' Compensation cases are decided by an appointed Judge of Compensation. Usually two or sometimes more physical examinations are set for doctors of both the injured Worker, called a Petitioner and the Employer, called a Respondent. These physicians render an opinion as to the percentage of disability the worker has suffered. There are no jury trials in a Workers' Compensation case. The Permanency Award is based on a chart published by the State and which classifies the injuries into the individual body parts affected. The Permanency Awards are based on a percentage of disability. The physical examination required to be obtained for each party to the case will establish the parameters of the ultimate award. These percentages contained in the examination reports will determine the category under the charts where your injury falls and the amount of any settlement or award your will be able to obtain. If you have been injured at work call to discuss your case with an experienced New Jersey Workers Compensation Lawyer. Learn more about your Permanency Award here.
We have been practicing Workers' Compensation Law for over twenty years. If you require assistance obtaining Medical, Temporary Disability or Permanency Benefits contact our firm immediately.
Second Injury Fund
Under some circumstances you may be eligible for benefits under the Second Injury Fund established to assist injured employees who are ruled totally disabled.
When a worker spouse is killed on the job certain death benefits are payable to the spouse and dependent children. Children are eligible for benefits up to the age of 18 or age 23 if they are college enrolled. The benefits are up to a maximum of 70 percent of the worker's wages at the time of death. Children who were not part of the decedent's household must prove actual dependency. If you have been injured at work call to discuss your case with an experienced New Jersey Workers Compensation Lawyer.
When an Employer fails to maintain Workers' Compensation Insurance they are violating the law and are subject to penalties and fines. For the injured Workers affected by an Uninsured Employer they are allowed benefits from the State formed Uninsured Employers' Fund. These benefits include only Medical Treatment Benefits and Temporary Disability Wage Benefits. No Permanency Benefits are available to injured employees through the fund.
Attorney's Fees and Costs of a Workers' Compensation Claim
In any claim for Permanency Benefits, or for a Motion for Medical Treatment or to pay Wage Benefits, the attorney's fees are always set by the court in accordance with the Workers' Compensation Statutes. In a Permanency Award the fees are limited to 20% of the Total Award with the Injured Worker paying only 8% of the Total Award out of the Worker's Award the remaining 12% is paid by the Employer's Insurance Company. Usually the Judge will also award $400 to each examining physician with $200 paid by each party. For Medical Testimony if required in a trial or motion the Physicians' fees are limited to $1,500 paid by the Respondent Employer. There is no fee charged if there is no recovery by the Lombardi Law Firm in all Workers' Compensation matters. If we do not win you are never charged any fees or costs. If you have been injured at work call to discuss your case with an experienced New Jersey Workers Compensation Lawyer.
Have questions or would like to make an appointment? Call us at (973) 921-2860 or use our contact form.
Law Office of
Steven P. Lombardi
374 Millburn Ave Suite 301
Millburn, NJ 07041
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MONMOUTH COUNTY OFFICE
Atlantic Highlands NJ 07716
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