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Cherry Hill Workers’ Compensation Lawyers

No matter the field an individual is in, they are subject to workplace injuries. Some injuries are harmless and take little to no time to recover, however, other injuries can change the course of one’s life and career. In these instances, a person may need help paying for the expenses that result from a work-related injury. Workers’ Compensation helps cover these expenses.

What is Workers’ Compensation?

Workers’ Compensation gives a victim, or their dependents, benefits for a job-related injury or death. It allows a victim to focus on their recovery instead of focusing on their expenses, like medical bills and lost wages. Workers’ Compensation also offers benefits for disability. According to the State of New Jersey’s Department of Labor and Workforce Development, Workers’ Compensation benefits include:

  • Medical benefits
  • Temporary disability benefits
  • Permanent partial benefits
  • Permanent total benefits
  • Death benefits

Any employee injured on the job is entitled to Workers’ Compensation. Employees do not need to prove that their employer was negligent to qualify for benefits. However, the employer’s insurance company often tries to claim that the victim does not qualify for benefits.

What are the Most Common Workplace Injuries?

Different fields often deal with different injuries, however, there are certain injuries that are more common than others. Some of these injuries include:

Jobs most likely to suffer injuries include:

  • Construction workers: Dangerous equipment, falling debris, and falls from scaffolding and ladders are all threats to workers.
  • Health care workers: Nurses and different types of occupational therapists are often injured on the job while lifting patients.
  • Manufacturing workers: Machine operators deal with heavy and sharp equipment that poses a risk of injury.
  • Miners: The possibility of shaft collapses, cave-ins, and carbon monoxide poisoning makes workers high-risk.
  • Drivers, pilots, and flight engineers: The Bureau of Labor Statistics found that 40 percent of work fatalities involved transportation accidents in 2010.
  • Ranchers and farmers: The heavy and sometimes sharp equipment used by farmers and ranchers poses a risk of injury.
  • Law enforcement and emergency services: This profession comes with inherent risks at the accident scene.

What are the Different Types of Workers’ Compensation Benefits?

Medical Benefits: Workers’ Compensation pays for any necessary medical treatment related to a work injury, as long as the treatment is authorized. Medical bills can get expensive and Workers’ Compensation benefits help to alleviate this burden for victims and their family.

Temporary Disability Benefits: An employee is entitled to temporary disability benefits if they have to miss more than seven days of work due to their job-related injury. In this case, the worker is entitled to 70 percent of their average weekly pay. However, one should note that there are minimum and maximum amounts that one can receive from temporary disability benefits. This changes each year. An injured employee will continue to receive temporary disability benefits until they can return to work, have reached maximum medical improvement, or if they received benefits for 400 weeks.

Permanent Partial Benefits: If the work-related injury or illness has caused a lasting medical condition or impairment, but allows the individual to still be able to work in some capacity, they may be eligible for permanent partial disability benefits. The amount received will depend on the extent of the impairment and the affected part of the body, as well as pre-injury wages.

In the state of New Jersey, there is a list of disabilities with its corresponding maximum benefits for impairments to certain body parts, such as a hand or foot. For impairments that are not extremities, such as the spine or vital organs, a non-scheduled award for a portion of the maximum period of 600 weeks that corresponds to the level of disability may be received.

Permanent Total Benefits: If an employee is still having a lasting disability after their injury, they will likely have an evaluation. A doctor will evaluate the employee’s disability and determine whether the individual is considered fully disabled. Those who are considered completely disabled will receive their weekly pay at a temporary total rate. This will continue until the employee has collected 450 weeks of permanent total benefits from Workers’ Compensation.

After 450 weeks has passed, the worker will be evaluated. During this evaluation, the worker must prove that they received rehabilitation, either physical or educational. They must also prove that despite rehabilitation, they still cannot work to the capacity they once could, ultimately indicating that they cannot earn the same pay they did before the injury. The individual will continue to receive benefits as long as they are disabled. If they earn any money, their benefit amount will face reduction.

Does My Employer Have to Provide Workers’ Compensation for My Injury?

In most states, the employer is required to pay for medical bills until a decision has been made to accept or deny the claim, at least up to a certain amount. If the claim is approved, the employer will continue to pay for medical bills associated with recommending treatment.

In the event that a Workers’ Compensation claim is denied, the individual can pay for their own bills and seek reimbursement from the insurance company if and when the denial is appealed. Some doctors agree to treat patients on a lien basis, meaning that payment for bills will come out of any recovery received through Workers’ Compensation. In the meantime, if the state has a temporary disability insurance program, the person may be eligible to apply for short-term benefits to make up for out-of-pocket costs.

How can I File a Workers’ Compensation Claim?

To file a Workers’ Compensation claim, the victim must first tell their employer that they are injured or ill. This is important, because employees have a deadline of 90 days to report their injury or illness to receive benefits. After the employee reports their injury, the employer must notify their Workers’ Compensation insurance carrier about the illness or injury. The carrier will then fill out a First Report of Injury form to submit to the New Jersey Division of Workers’ Compensation. After this, the victim will have to wait for the insurance company’s response. The insurance company will then reach out to the victim to inform them whether their claim has been approved. If it has, the employee will begin to receive Workers’ Compensation benefits. If not, the victim will need to hire a lawyer and file an appeal.

How can I Get Help?

Workers’ Compensation cases can be difficult to navigate, especially if the employer’s insurance company is fighting the claim or refusing to authorize medical treatment that is recommended by a doctor. An experienced Workers’ Compensation lawyer can be invaluable in making sure that all recommended medical treatment is received with coverage. A lawyer may also be able to refer individuals to doctors that provide proper care, as well as seek strong medical evidence to support cases.

Cherry Hill Workers’ Compensation Lawyers at Kotlar, Hernandez & Cohen, LLC Help Victims Receive Compensation for Work-Related Injuries

If you or a loved one sustained an injury while at work, contact a Cherry Hill Workers’ Compensation lawyer at Kotlar, Hernandez & Cohen, LLC. Our lawyers help clients obtain Workers’ Compensation benefits to cover expenses. Contact us online or call 856-751-7676 for a free consultation. Located in Mount Laurel, Cherry Hill, Trenton, and Vineland, New Jersey, as well as Trevose, Pennsylvania, we serve clients throughout Pennsylvania and New Jersey.

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856-751-7676 16000 Commerce Parkway
Suite C
Mt Laurel Township, NJ 08054 Monday - Friday | 8am - 5pm

856-751-7676 1913 Greentree Rd
Suite C
Cherry Hill, NJ 08003 Monday - Friday | 8am - 5pm

856-751-7676 1234 Bridgetown Pike
Suite 200
Feasterville-Trevose, PA 19053 Monday - Friday | 8am - 5pm

Trenton, NJ Office
Vineland, NJ Office