Monmouth County Workers Compensation Lawyers - Workers Compensation Lawyers in New Jersey

What is Workers' Compensation?
Workers' Compensation is a system created by the New Jersey Legislature that provides benefits to workers who are injured or who contract an occupational disease while working. The benefits include medical care, temporary disability payments, and compensation for a resulting permanent disability. In the event of the death of an injured worker, benefits are payable to the family of the worker. Benefits may be paid voluntarily or it may be necessary to apply to the Workers' Compensation Courts for relief.

Who is covered?
Virtually every worker who performs services for wages is covered by the law, regardless of the number of workers employed by the employer. Under New Jersey law, domestic and farm workers are covered. However, workers considered to be independent contractors, rather than employees, are not covered. Seamen, maritime workers, railroad workers, and federal employees are covered under federal workers' compensation law.

What must a worker do if injured?
The worker should notify the employer as soon as possible, but not later than 90 days from the date of the accident. The notice may be given to the supervisor, personnel office, or anyone in authority at the employer's place of business. Notice need not be in writing. If the worker needs medical treatment, a request should be made to the employer as soon as possible. What if an employer refuses to provide medical services and/or temporary disability benefits? The injured worker should seek the services of an attorney who will file a formal claim petition and a motion for medical and temporary benefits with the Division of Workers' Compensation. Attorneys are prohibited by law from charging a fee in advance for such services. Fees will be fixed by the court only if a compensation award is made.

Important: There is a two-year statute of limitations. A formal Claim Petition must be filed within two years of the date of the injury or the last payment of compensation, whichever is later. Medical treatment authorized by the employer is considered a payment of compensation.

If you feel that you have a Worker's Compensation claim, it is important to contact the New Jersey workers compensation lawyers at Deitch & Perone in Monmouth county, who will be able to advise you as to your rights and help you find the right medical care as soon as possible. The personal injury lawyers at Deitch & Perone will be able to determine this immediately and be able to protect your rights.