Why You Need a Workers’ Comp Lawyer in New Jersey
By Brenner Spiller & Archer, LLP | June 5, 2017
Many injured workers consider the pros and cons of managing a workers’ compensation case without an experienced attorney. The employer’s HR department makes it seem like a simple process but, unfortunately, a workers’ comp case can be frustrating and challenging.
When you’re trying to recover from an injury, you may benefit from workers’ compensation law firm. You need guidance now. Here are at least five reasons you need a workers’ comp attorney in New Jersey:
Interaction with the New Jersey Department of Labor
In order to receive a cash settlement to which you’re potentially entitled, you must fill out the Employee’s Claim Petition and submit it to the New Jersey Department of Labor. The petition must be correctly filled out. If you make an error, payment of your claim may be delayed. The Department of Labor might not inform you of an error or subsequent delay.
Realize that a large percentage of lawyers view the Claim Petition as a legal matter. Your employer is highly likely to involve legal resources in consideration of your claim.
In some rare instances, the workers’ comp insurer might offer to settle the workers’ compensation claim. However, you should expect that the insurer will make a low offer. You might receive only 25 percent of what your claim is worth without a knowledgeable workers’ compensation lawyer at your side.
New Jersey Workers’ Compensation Laws
Unless you have legal experience, you don’t know the law. You need a knowledgeable workers’ compensation law firm to do the heavy lifting. After a work-related injury, you want the highest weekly benefit possible. The law says that you’re entitled to 70 percent of the average weekly wage, up to a specific annual maximum, from the workers’ comp insurer.
You must see the employer’s authorized physician if your injury keeps you home for more than seven days. Unless you have a workers comp lawyer to deal with the workers’ compensation insurance company or its agent, you might receive less than the maximum amount to which you’re entitled. Your attorney works to ensure that the insurer includes overtime when it calculates your average weekly wages.
Help with Medical Care
You may need help accessing the medical care to which you’re legally entitled. The law says that the insurer has the right to direct your medical care. Unfortunately, this also means the insurer or agent takes the cheapest route possible. Although the workers’ comp insurer can select the “authorized” physician for your care, you have the right to a second opinion.
If the insurer says it won’t pay for medication prescribed by an authorized physician, the position is against the law. The insurer must pay for the prescriptions and items the authorized physician prescribes. If the insurer violates the law, your lawyer may file a motion to authorize payment for the treatment.
Workers’ Compensation Settlement
If your lawyer files the Employee’s Claim Petition and you receive a settlement, such as a percentage of partial disability, you have future rights. You have two years from your last settlement check to reopen the case if your health condition declines. If you don’t file the petition, the claim closes two years after the first date or treatment or the final weekly payment of benefits (the latter of these).
The employer’s workers’ comp insurer may tell the injured worker that he or she aggravated an existing condition at work. If the worker accepts this idea, the injury isn’t covered under New Jersey workers comp law. Get assistance from a knowledgeable workers compensation law firm to fight the denial of benefits. Get the benefits you deserve and to which you’re legally entitled.
Summing It Up
As you can see, successfully navigating a workers’ compensation claim involves a complex process. If you’re injured at work or suffering from a work-related chronic health condition, it’s difficult to manage these steps without guidance. Contact the lawyers at Brenner Spiller & Archer, LLP to get the maximum New Jersey workers’ compensation benefits you deserve.