Understanding Workers’ Compensation
Mr. Thomas with Dolan & Dolan, P.A., our lead attorney in this area of law, has personally represented injured workers in northern New Jersey for the past 30+ years.
Engaging a professional with this level of expertise is essential when a person is facing a Workers’ Compensation case that involves the complexities of such areas as Second Injury Fund, Uninsured Employers Fund, Total Disability and dependency.
The firm has successfully represented litigants for over 35 years in social security administration claims involving the attainment of disability and social security insurance benefits in New Jersey, Pennsylvania and New York.
Understanding Workers’ Compensation
Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees injured in the course of employment. In exchange for these benefits, employees generally forfeit the right to sue their employer for negligence. Here is some detailed information about workers’ compensation and guidance on when to consider hiring a lawyer:
Coverage:
Medical Expenses:
Covers all necessary medical treatment related to the injury.Wage Replacement:
Provides partial income during the period the employee is unable to work.Disability Benefits:
Includes temporary total disability, temporary partial disability, permanent total disability, and permanent partial disability.Rehabilitation:
Covers costs related to vocational rehabilitation and retraining.Death Benefits:
Provides compensation to dependents in case of a work-related death.
Common Injuries Covered:
-Injuries from accidents (e.g., slips, falls, machinery accidents).
-Repetitive strain injuries (e.g., carpal tunnel syndrome).
-Occupational illnesses (e.g., lung disease from inhaling toxic substances).
Initial Filing and Denials:
-Complicated Claims: If the injury is severe, has long-term consequences, or involves multiple parties (e.g., subcontractors).
-Claim Denied: If your workers’ compensation claim is denied, a lawyer can help you appeal the decision.
Disputes and Legal Challenges:
-Disputed Claims: If there is a dispute over whether your injury is work-related.
-Retaliation: If your employer retaliates against you for filing a workers’ compensation claim.
-Permanent Disability: When dealing with a permanent disability rating, a lawyer can ensure you receive appropriate compensation.
Settlements and Benefits:
-Complex Settlements: If you are offered a settlement that does not cover your medical expenses and lost wages adequately.
-Social Security Disability Claims: If you need to file for Social Security Disability Insurance (SSDI) benefits in addition to workers’ compensation.
Legal Representation:
-Understanding Legal Rights: A lawyer can explain your rights and obligations under workers’ compensation law.
-Navigating Legal Procedures: Workers’ compensation laws and procedures can be complex; an attorney can guide you through the process.
-Maximizing Benefits: Ensuring you receive all the benefits to which you are entitled.
Steps to Take
1. Report the Injury: Notify your employer immediately about the injury.
2. Seek Medical Treatment: Get appropriate medical treatment and document everything.
3. File a Claim: Follow your state’s specific procedures for filing a workers’ compensation claim.
4. Consult a Lawyer: If any complications arise, or if you’re unsure about the process, consult with a workers’ compensation lawyer.
Hiring a workers’ compensation lawyer can significantly impact the outcome of your claim, ensuring that you receive fair treatment and the benefits you deserve. The legal team at Dolan and Dolan P.A. has been representing clients in Northern New Jersey since 1908 and has build a solid reputation for defending the injured. Please reach out today for us to help you.
Please contact our office with your questions or to request a consultation.
Roger W. Thomas
Specializing in the Practice of:
Workers’ Compensation
Social Security
Zoning, Planning and Land Use