Workers’ Compensation Lawyers in Red Bank Advocate for Injured Employees
Committed New Jersey attorneys handle claims for workers hurt on the job
Most employees in New Jersey injured at work are eligible to receive reimbursement for medical bills and lost wages under workers’ compensation, but an experienced lawyer can help ensure those benefits are realized. At the Law Offices of Robert Olkowitz, P.C., our Red Bank firm has represented injured workers throughout Monmouth and Ocean counties for more than 30 years. Robert Olkowitz has been certified by the Supreme Court of New Jersey as a workers’ compensation attorney since 1999, so you can trust us to provide the in-depth legal knowledge needed to secure the benefits you deserve.
Seasoned practitioners advise on workers’ comp eligibility
Workers’ compensation is a no-fault, employer-funded insurance system, which means injured employees don’t have to prove negligence on the part of their employer. This is in sharp contrast to personal injury cases, where plaintiffs must prove liability. However, certain eligibility criteria still apply to workers’ comp cases. The injury or illness must have been caused by your job, and you must be a covered employee. In New Jersey, all employers not covered by federal programs must carry workers’ compensation coverage or be approved for self-insurance. The only exceptions are for sole proprietors, partners and members of LLCs.
There are a few situations in which on-the-job injuries are not covered. They include:
- Intentional and self-inflicted injuries
- Injuries resulting from intoxication
- Injuries resulting from deliberate violations of safety rules
- Injuries sustained while attempting to cause harm to another employee
Generally, injuries sustained during a commute are not covered unless the accident occurred while the worker was on route from one jobsite or office to a secondary work location. Our firm can advise you on whether you meet eligibility requirements before filing a claim.
Do you have to see the company doctor?
Once you’ve been hurt at work, it’s important to seek medical care and notify your supervisor promptly about the incident. Under New Jersey law, your employer is responsible for contacting their workers’ compensation insurance carrier. They will also direct you to see a specific doctor. You can see any doctor and be compensated for the expenses, however, if:
- You have a medical emergency and require urgent care.
- Your claim has initially been denied but is later approved.
- Your employer knows you need care but the insurer doesn’t provide it upon request.
Workers’ compensation is designed to cover 100 percent of related medical expenses. If your injuries prevent you from working for longer than seven days, you should also receive temporary total disability benefits. These benefits equal 70 percent of your average weekly wages, subject to maximum and minimum thresholds. Workers who are permanently disabled may receive permanent disability benefits.
Even if you’re partially at fault for your injuries, you have the right to receive workers’ comp benefits as long as you are eligible for them.
Construction accidents test the limits of workers’ comp benefits
Construction is an inherently dangerous field. Employers are legally required to maintain a safe working environment, but accidents such as falls from ladders and other elevated positions, electrical burn injuries, and exposure to harmful substances are still commonplace.
For more than three decades, our attorneys have helped injured construction workers get the benefits they deserve. Most workers eligible for workers’ comp benefits cannot file a lawsuit against their employer, but if a third party such as an equipment manufacturer or subcontractor was responsible for your injuries on a construction site, we may be able to file a lawsuit against them to help you recover compensation needed for very severe or lasting injuries.
Effective advocates handle workers’ comp appeals
Employers and their carriers who provide workers’ comp coverage may try to avoid paying benefits by disputing the type and extent of medical treatment needed or whether your injury or illness was work-related. If your claim has been denied, our lawyers can file a formal claim petition with the New Jersey Division of Workers’ Compensation. A hearing will be set within six months. During the hearing, we will present evidence and you will testify about your work injuries. If the appeal is denied, we can file an additional appeal and argue your case before the Appellate Division of the Superior Court of New Jersey. You can count on us to advocate for the benefits you are entitled to.
Contact an experienced workers’ comp attorney in New Jersey
The Law Offices of Robert Olkowitz, P.C. is committed to helping injured New Jersey employees recover workers’ comp benefits. Please call our Red Bank firm at 732-741-7444 or contact us online to schedule a free initial consultation and case review.