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New Jersey employees enjoy considerable protection provided through the state’s workers’ compensation system.  This program provides coverage for medical care, disability payments and lost wages if an injury, illness or accident occurs even if it is the employee’s fault.  The Schibell Law, LLC workers’ compensation attorneys have a sterling reputation throughout New Jersey.  We take great pride in representing our clients with the overarching goal of obtaining a favorable settlement.  Our workers’ compensation team led by Richard Schibell embraces cases both large and small.  If you are on the prowl for a leading workplace injury lawyer, your search can end with Schibell Law, LLC.

An Explanation of Workers’ Compensation

Employers provide workers’ compensation insurance benefits to all employees.  This insurance benefit system provides employees with medical treatment, permanent disability compensation and compensation for lost wages if the employee is injured when working or endures an illness related to the job.  The workers’ compensation program even includes death benefits if the individual dies as a result of workplace activities.

Most people are surprised to learn workers are eligible for workers’ compensation benefits even if the injury is not their fault.  The system is set up this way as workers’ compensation is no-fault.  Yet there are some exceptions to this policy.  It is possible for a claim to be denied if the worker hurt him or herself on purpose.  It is also possible for the claim to be denied if the worker had alcohol and/or drugs in his or her system when the injury occurred.  Though workers’ compensation is meant to protect employees and make it easier for them to get back on their feet in terms of finances and in a literal (physical) sense, there are times when workers’ compensation cases are not as direct as they initially seem.  You need an experience lawyer on your side to guarantee all of the proper paperwork is filed in a timely manner.  Otherwise, you might not be provided with the medical care and compensation you are rightfully owed in accordance with the law.

Workers’ Compensation in the State of New Jersey

New Jersey has some highly specific and idiosyncratic rules for workers’ compensation claims.  As an example, every employer in New Jersey is required to carry workers’ compensation insurance no matter how many people it employs.  Other states mandate workers’ compensation only if the employer has a certain number of workers.  New Jersey’s labor laws have been shaped by the worker struggles experienced during the early 1900s.  Rewind time back to 1911 and the state’s Department of Labor and Workforce Development had just developed the New Jersey Division of workers’ compensation along with the New Jersey Workers’ Compensation Act to assist employees in the quest to recover lost wages and medical bills from injuries suffered in the workplace.  The aim of the Workers’ Compensation Act is to:

• Guarantee the prompt payment and fairness of benefits.  This policy is a significant improvement over employees being tasked with doing legal battle with uber-powerful employers known for delaying claims and relying on well-paid corporate attorneys to defeat cases.

• Enforce employers’ legal requirements.  In order to prevent employee financial hardship stemming from injury on the job, every single New Jersey employer is required to have workers’ compensation insurance.

• Provide benefits for permanent and temporary disabilities while considering pre-existing conditions.  Such a situation has the potential to be a bit unclear as insurance providers commonly attempt to argue the injury is the result of the employee’s personal activities and completely unrelated to work.

The legal team at Schibell Law, LLC know the ins and outs of all the case types detailed above.  We fiercely advocate on our clients’ behalf to ensure justice is served.  If your injury or illness is a result of workplace activities, contact us at 732-774-1000 to coordinate a free consultation.

It was not long ago when employees were forced to sue their employers after injury or illness resulting form workplace activities.  This process was expensive and had the potential to last for several years.  Nowadays, every single New Jersey employee is entitled to benefits through the workers’ compensation system.  These benefits include disability and medical benefits including death benefits.

The Different Types of Benefits Provided Through the New Jersey Workers’ Compensation System

Our state’s workers’ compensation benefits are best thought of as a form of financial protection to guarantee workers do not go bankrupt or suffer financial ruin as a result of an injury or illness suffered in the workplace. Such benefits also safeguard one’s family finances if death occurs as a result of a work-related injury or illness.  However, it might not be completely clear that you have the legal right to a claim.  The average person typically thinks of workers’ compensation as a form of coverage applicable to an injury resulting from working with a dangerous machine or a fall from a scaffold.  In reality, workers’ compensation coverage applies to a wide range of issues ranging from falls to repetitive motion injuries, exposure to harmful materials/chemicals and overexertion.  The nuances of your unique case and the extent of your injury ultimately determine the types of benefits available.

Workers’ Compensation Medical Benefits

Care associated with the injury/illness is to be covered under the workers’ compensation system.  Such coverage includes but is not limited to:

• Surgery
• Prescription drugs
• Ambulatory care
• Relevant treatments
• Hospitalization
• Physical therapy

Such expenses are paid for until the worker achieves MMI or maximum medical improvement.  Injured and ill workers should know they might not be permitted to select their doctor.  In the end, the employer has the ability to allow/disallow treatment from a particular doctor or physician.

Temporary Total Disability Benefits

If the injury/illness stops you from laboring more than a full work week, you will be eligible for TTD or temporary total disability benefits.  These benefits indicate the workers is totally disabled yet only on a temporary basis.  It is in this time that you will be provided with about 70% of your earnings.  Thankfully, such income is not subjectable to taxation so you are allowed to keep the full amount.

Permanent Disability Benefits

If the injury/illness leads to permanent disability, the worker is eligible for long-term workers’ compensation benefits.  The exact figure of the indemnity payment hinges on whether the disability is classified as total or partial.  Partial disability indicates the worker is still capable of working yet might be hindered in some manner.  There are two specific partial disability categories:

Scheduled Loss: The hindering of an individual’s use of body parts such as hands, fingers, arms, legs, feet, toes, teeth, eyes and ears.

Non-scheduled Loss: The individual’s injury is not included in the scheduled loss.  As an example, a back injury or heart/lung problem.

Permanent disability indicates the individual cannot labor in any capacity.  When permanent disability occurs, the worker is provided with about 70% of his or her wages.  This figure is calculated by averaging what the worker had been paid on a weekly basis.  However, there are some minimums and maximums for this figure.  The permanent disability coverage length is subject to upwards of 450 weeks or a little more than eight and a half years.  Once this time has passed, the individual is required to prove he or she is unable to labor in order to continue receiving benefits.

Death Benefits

If an employee perishes while on the job or endures a deadly illness resulting from workplace activity, it is the surviving family members who are provided with death benefits. Examples of eligible dependents include the decedent’s spouse and offspring.  In certain cases, the dependent might prove he or she were reliant upon the decedent’s care and prove eligible for benefits.  Death benefits also cover funeral expenses up to but not in excess of $3,500.

Eligibility for Workers’ Compensation

Every single New Jersey worker employed by an organization that has operations within the state’s borders will prove eligible for workers’ compensation benefits.  Part-time and full-time employees are eligible for such compensation, regardless of the company size of the worker’s length of employment.  In other words, if you work in the state of New Jersey, you will be protected by workers’ compensation from your first day of work until your last.  There is a grey area of the law for independent contractors.  Though independent contractors have not been eligible for coverage through workers’ compensation, state law might allow you to qualify as an employee even if you are categorized as an independent contractor.  If you are unsure as to where you fall on the continuum, contact Richard Schibell today at 732-774-1000.  Our workplace injury lawyers are here to help gauge your eligibility for workers’ compensation coverage.

No-Fault Workers’ Compensation

No-fault workers’ compensation provides coverage for those eligible for benefits even in the event that the injury was the employee’s fault.  This type of compensation is different than insurances that do not mandate the insured party pays if he or she is responsible for the incident.  Auto insurance is an example of traditional insurance classified as at fault.  It really is possible for an employee to make a clumsy mistake at work and receive comprehensive benefits.  In other words, the employee is not penalized for his or her err.  The sole exception is if you are found to be under the influence of drugs or alcohol or if it was determined you intentionally injured yourself to obtain workers’ compensation benefits.

No-fault workers’ compensation prevents you from suing your employer as the benefits are provided by way of insurance coverage.  There are some exceptions of note.  As an example, if you think your employer has intentionally caused harm to you or put you at risk, the assistance of a proven workplace injury lawyer will prove essential to building your case.

Why the Assistance of a Workers’ Compensation Attorney is Necessary

The assistance of an attorney does not guarantee your workers’ compensation claim will be successful.  However, we recommend obtaining the assistance of an attorney to ensure you receive the benefits you are rightfully owed in accordance with New Jersey’s workers’ compensation laws.  Injuries must be reported by specific deadlines.  Claims must be filed in a timely manner.  You need a savvy workers’ compensation attorney on your side to spearhead this challenging legal process on your behalf and guarantee your rights are fully protected.  Your workers’ compensation lawyer will not be paid by the hour.  Rather, this attorney will merely receive a part of your payout.  There is absolutely no risk in contacting an attorney to review your workers’ compensation case.  Fail to consult with an attorney and you will almost certainly leave a substantial amount of money on the table.  Reach out to Schibell Law, LLC at 732-774-1000 to schedule a no-cost consultation.

Richard N. Schibell, Esq.

is the founding partner at Schibell Law LLC concentrating in all aspects of Workers’ Compensation throughout New Jersey. Mr. Richard N Schibell graduated from Boston College with a Bachelor of Arts, concentrating in both Philosophy and History. He went on to receive his Juris Doctorate degree from Seton Hall University School of Law.

Following his graduation from law school, Mr. Schibell served as a Judicial Law Clerk to the Honorable Richard W. English, J.S.C., in the Civil Division of the Monmouth County Superior Court.