New Jersey Workers’ Compensation Attorneys Helping You Understand Your Rights

A workplace accident can negatively impact your health and long-term financial security. Workers’ compensation benefits are available, but obtaining benefits is not always simple.

At Burke Law Firm, LLP, our New Jersey workers’ compensation attorney team represents injured workers across the state after they are sidelined by workplace accidents. We work to secure medical treatment, temporary disability and permanent disability benefits, as appropriate, while protecting your rights throughout the claims process. Contact one of our convenient offices in Montclair, Bayonne or Jersey City for a free consultation.

Who Is Eligible For Workers’ Compensation In New Jersey?

Most employees in New Jersey are covered from their first day of work, including temporary, seasonal and part-time workers. Key eligibility requirements include:

• The existence of an employer-employee relationship
• The injury or illness is related to the scope of the worker’s employment and occurred during the course of that employment

After a workplace injury, it is critical to promptly notify your employer and seek medical treatment to preserve your eligibility.

What Types Of Workplace Injuries Are Covered In New Jersey?

New Jersey recognizes both sudden and gradual injuries. Examples include:

• Falls, machinery incidents or other traumatic injuries
• Repetitive stress injuries affecting the hands, arms, back, neck or shoulders
• Occupational illnesses caused by exposure
• Worsening of preexisting conditions due to work tasks

Whether the injury developed over the years or occurred in a single event, the law may still provide benefits.

What Benefits Are Available After A Workplace Accident?

Workers’ compensation provides defined categories of benefits rather than general damages, including:

• Medical benefits covering authorized treatment related to the injury
• Temporary disability payments when you cannot work for more than seven days
• Permanent disability awards for lasting impairment

Temporary disability replaces a percentage of lost wages during recovery. Permanent disability compensates for measurable functional loss.

What Are Workers’ Compensation Filing Deadlines And Procedures?

Formal claims generally must be filed within two years of the injury or the last compensation payment. The process often involves:

• Employer accident reporting
• Medical treatment through approved providers
• Filing a Claim Petition or Application for an Informal Hearing

Understanding how to file for workers’ comp correctly can prevent delays. Procedural mistakes may jeopardize benefits.

Why Are Some Workers’ Comp Claims Denied?

Insurance carriers frequently dispute claims. Common reasons include:

• Allegations that the injury did not occur at work
• Disputes about medical causation
• Missed reporting deadlines
• Claims that the worker can return to full duty

When denials occur, injured employees may need to pursue workers’ comp denials and appeals through the Division of Workers’ Compensation.

What Should I Know About Retaliation, Returning To Work And Settlement Options For Workers’ Compensation Matters?

New Jersey law prohibits employer retaliation for filing workers’ compensation claims. Termination or discipline tied to a lawful claim may violate state protections.

Return-to-work decisions directly affect temporary disability benefits. Employers may offer modified duty consistent with medical restrictions, and refusal of suitable work can impact wage replacement.

Some cases resolve through lump sum settlements, while others continue with medical monitoring and periodic payments. Settlements may:

• Provide a single payment resolving permanent disability
• Close future medical rights in certain structures
• Address disputed impairment percentages

Choosing between settlement and ongoing benefits requires careful review of long-term medical needs and earning capacity.

What benefits do I get in a workers’ compensation case?

You may receive medical treatment, temporary disability wage replacement and compensation for permanent disability if lasting impairment is established.

Can I be fired for filing a workers’ compensation claim in New Jersey?

No, New Jersey law prohibits retaliation for filing a lawful claim. Termination tied to your claim may create additional legal issues.

What if my workers’ comp claim is denied?

You may file a formal Claim Petition and request a hearing before a workers’ compensation judge.

Let Us Help You Get The Workers’ Comp Benefits You Deserve

Call 201-479-2927 or contact us through our online contact form to discuss your situation with a New Jersey workers’ compensation attorney who is prepared to protect your interests. Consultations are free.