New Jersey Workers' Compensation Lawyer

How Long Does It Take to Get Workers' Compensation Benefits?

The time it takes to get workers' compensation benefits varies. After you report your injury to your employer, they will notify their workers' compensation insurance. If the claim is approved, you might start receiving benefits within a few weeks. However, the timeline can be affected by several factors, such as the time needed for medical treatment, reaching maximum medical improvement, and any disputes about your impairment rating. If you or your employer disputes the claim, it can take longer to resolve. Settlements, which are negotiated between you and the insurer, also take time. Typically, straightforward cases without disputes are quicker, while those involving disagreements can take several months or even years to resolve.

Can Workers' Compensation Benefits Be Modified?

Yes, workers' compensation benefits can be modified. If your injury gets worse over time, you may need more compensation than initially awarded. New Jersey law allows you to request a modification of your workers' compensation benefits if your condition has worsened.

To seek a modification, you must file an application within two years of receiving your last payment. You'll need to provide new evidence showing how your situation has changed and why you need more compensation. The court will review your case, and if they agree, they will adjust your benefits accordingly. If you wait longer than two years, you won't be able to request a modification.

What Is Permanent Disability?

Permanent disability means that you have an injury or illness that affects your ability to work for the rest of your life. This can happen after a workplace injury where you cannot fully recover or return to your previous job duties.

You might also qualify for Social Security Disability (SSD) if your condition meets the Social Security Administration's guidelines. To get these benefits, your injury must last at least 12 months or be expected to result in death. Medical proof is needed to support your claim. Having legal help can make the process easier and improve your chances of success.

What Do Your Workers’ Compensation Lawyers Handle?

Our firm handles a wide range of workers' compensation cases. We assist employees who have been injured at work or have developed an illness due to their job. This includes providing your employer with notice of your injury, helping with claim paperwork, and negotiating with employers and insurers for full benefits. We also handle claim petitions to challenge denials of workers' comp claims or the amount of benefits paid, and we appeal adverse decisions.

We also pursue third-party personal injury claims when a work injury is caused by someone other than your employer. This can include injuries caused by subcontractors, defective products, unsafe property conditions, or negligent motorists while on the job. These claims help you recover compensation for losses not covered by workers' comp, such as pain and suffering, emotional distress, and reduced quality of life.

If your workers' comp claim is denied or you are not receiving the full benefits you deserve, our firm is here to help. We ensure you receive all the benefits and compensation you need to recover from your work-related injury or illness.

What Is Workers' Compensation Retaliation in New Jersey?

Workers' compensation retaliation in New Jersey happens when an employer takes adverse actions against an employee for filing a workers' compensation claim or testifying in support of one. This can include being fired, demoted, harassed, or facing unfair treatment at work. While New Jersey law allows employers to fire employees at will, it is illegal to do so as a form of retaliation for claiming or attempting to claim workers' compensation benefits. If you believe you were fired or faced negative actions for seeking workers' compensation, you can file a complaint with the New Jersey Division of Workers' Compensation. You may be entitled to lost wages and reinstatement to your prior position if your claim is proven.

What Is The Deadline For Filing A Workers' Compensation Claim?

You must file a workers' compensation claim within two years from the date of your injury or the date you were last paid, whichever comes later. This deadline is crucial because once the two-year period is over, you cannot file a claim. Keep in mind, submitting an application for an informal hearing does not pause this two-year limit.

If you have an occupational illness, such as asbestosis or hearing loss, you need to file within two years from the date you learned about the illness and its link to your job. Don’t wait too long to file your claim to avoid missing these important deadlines.

When Should I Get Legal Representation?

You may need a workers' compensation lawyer if you're having trouble getting your claim approved or your benefits from your employer or their insurer. Dan Santarsiero, a New Jersey Workers' Compensation Lawyer, offers a free initial case evaluation to discuss your legal rights and options for your claim.

Workplace injuries can happen to anyone, including construction workers, police officers, factory employees, and nurses. If the accident happened while performing your work duties, you should be eligible for workers' compensation benefits, which cover medical care, temporary disability income, and permanent disability.

Often, employers and their insurance companies try to avoid paying these claims or offer less than what you're entitled to. A skilled New Jersey workers' compensation lawyer can protect your interests and help ensure a successful claim.

Types of Workers Who File Workers’ Compensation Claims

Arborists, Tree Fellers, and Trimmers – these individuals work at great heights, handling dangerous tools like chainsaws to maintain trees. They face risks from falls, falling limbs, and contact with power lines. Weather conditions add to the hazards. These workers require proper safety measures to prevent fatal accidents.

Construction Workers – perform various tasks such as building, repairing, and maintaining structures. They operate heavy machinery, handle hazardous materials, and work at significant heights. Their job requires physical strength, coordination, and safety awareness to prevent injuries. Construction workers often face risks from equipment, falls, and exposure to dangerous substances, making safety protocols crucial.

Excavator Operators – handle heavy machinery on construction sites, using large buckets to move earth and materials. They face risks like entanglement, being struck by equipment, and exposure to hot surfaces and fluids. These hazards can lead to severe injuries or fatalities. Safety and vigilance are crucial for these workers to prevent accidents and ensure job site safety.

Factory And Plant Workers – operate machinery, handle materials, and oversee production processes. They often face physical dangers such as equipment malfunctions and exposure to hazardous substances. Their work is essential for manufacturing goods but can lead to serious injuries or fatalities, making workers' compensation claims a critical support for their families.

Firefighters – face dangers such as smoke inhalation, burns, and heavy lifting injuries. Injuries are usually covered under New Jersey’s workers’ compensation laws. If a firefighter is injured, they must notify their employer to ensure proper filing and pursue benefits like medical care, temporary disability, or permanent disability.

Foreign-Born Employees, Undocumented Workers, and Day Laborers – often work in high-risk industries such as agriculture, construction, and manufacturing. These workers face daily risks from heavy machinery and hazardous conditions. Despite their immigration status, they are entitled to legal protections and benefits in case of work-related injuries or fatalities.

Framers And Roofers – work on residential and commercial buildings, constructing and repairing frameworks and roofs. Their job involves significant risks, including falls from heights and accidents with tools and equipment. Working in various weather conditions adds to the danger. Despite safety measures, these workers face a high risk of fatal injuries, making their profession one of the most hazardous in the construction industry.

Furniture Movers and Cartage Company Employees – handle the loading, transporting, and unloading of furniture and other heavy items. Their job often involves lifting bulky objects, navigating stairs, and ensuring the safe delivery of items. These workers face significant physical demands and hazards, including slip-and-fall and crush injuries, making safety precautions crucial in their daily tasks.

Health Care Workers – essential for restoring and maintaining patient health. They face risks of workplace injuries and illnesses, such as back injuries from lifting patients, infections from needle pokes, and slip and fall accidents. If injured or ill, they may seek benefits with the help of an attorney to cover medical and income losses.

Highway, Roadway, and Bridge Workers – vital to infrastructure maintenance and safety. They often face high risks from traffic, heavy machinery, and hazardous materials. Their duties include paving, repairing, and constructing roads and bridges, requiring vigilance and adherence to safety protocols to minimize injury and fatalities. Their work is essential for ensuring safe and efficient travel for all road users.

Police Officers And Public Safety Personnel – face high risks of fatal on-the-job injuries. Despite these dangers, they and their families are entitled to workers' compensation benefits. This provides peace of mind and financial support to the families of those who sacrifice their lives in the line of duty, ensuring their loved ones are cared for.

Transportation and Materials Handling Workers – manage the movement and storage of goods. Their tasks include lifting large containers, operating forklifts, and stacking pallets. They handle a wide range of items, from chemicals to auto parts. Despite safety protocols, the job poses risks, with potential for serious injuries from heavy equipment and large, bulky objects.

Warehouse Workers – handle goods in storage facilities, manage inventory, and operate machinery like forklifts. They face risks including falls, equipment accidents, and heavy lifting injuries. These workers are essential in ensuring products move efficiently from warehouses to consumers, making safety a top priority in their demanding roles.

Machine Operators – control and maintain heavy machinery in manufacturing plants. They ensure machines run smoothly, conduct regular maintenance, and troubleshoot issues. These workers face risks such as crush injuries, amputations, and lacerations from machinery, necessitating strict adherence to safety protocols to prevent accidents and injuries. Their role is vital for the efficiency and productivity of manufacturing processes.

Hospitality Workers – face risks such as slip and fall accidents on wet floors, burns from hot equipment, and chemical exposure during cleaning tasks. These employees must navigate busy environments and interact frequently with guests, making safety training and awareness essential to prevent injuries.

Retail Workers – often face hazards like slips, trips, overexertion, and repetitive stress injuries. Common injuries include sprains, strains, herniated discs, broken bones, and cuts. If injured, they may be eligible for workers' compensation benefits such as medical care and wage replacement.

Teachers – in NJ, teachers make up a large portion of the workforce. Even though teaching isn’t as physically demanding as some jobs, the sheer number of teachers means that even a small percentage of accidents results in a significant number of claims. This includes injuries from slips, trips, or falls, and other school-related accidents.

Common Injuries and Accidents in the Workplace

Amputation Injury – An amputation injury involves the loss of a limb or appendage due to a work-related accident. This type of injury can result from accidents involving heavy machinery, power tools, or crush injuries on construction sites. Employees suffering from amputations face immense pain, significant medical treatments, and long-term or permanent disability.

Asbestosis – A lung disease caused by inhaling asbestos fibers, leading to lung scarring and irritation. Although it is not cancer, asbestosis can increase the risk of developing lung cancer. Symptoms include shortness of breath, cough, chest pain, and unexpected weight loss. It mainly affects people in occupations with high asbestos exposure.

Back Injury – A herniated disk occurs when a spinal disk's soft center pushes through a crack in the tougher exterior casing. This can cause pain, numbness, or weakness in an arm or leg, and in severe cases, may require surgery. It's often caused by heavy lifting, sudden movements, or spinal degeneration due to aging.

Bone Fracture – A compound fracture occurs when a bone breaks through the skin, creating an open wound. This type of injury often results in severe pain, significant bleeding, and a high risk of infection. Treatment typically requires surgical intervention to realign and stabilize the bone, followed by an extended period of healing and rehabilitation.

Concussion / Closed Head Injury – A concussion is a type of closed-head injury that occurs when the brain is jolted or shaken, causing temporary disruption of brain function. Symptoms can include headaches, dizziness, confusion, and memory problems. It does not involve a skull fracture or open wound, but the impact can lead to significant cognitive and physical impairments.

Exposure to Toxic Substances – Long-term or short-term contact with harmful chemicals or materials at work can lead to serious health issues such as respiratory problems, skin conditions, and cancer. This can happen through inhalation, ingestion, or skin contact. Symptoms may appear immediately or develop over time, making it crucial to connect the illness to the workplace for compensation.

Eye Injuries And Loss Of Vision — Eye injuries in the workplace can result from debris, toxic chemicals, or head trauma, causing symptoms like blindness, light sensitivity, and migraines. Such injuries can prevent employees from returning to work and significantly impact their quality of life, often requiring medical treatment and disability benefits under New Jersey workers' compensation laws.

Traumatic Brain Injury (TBI) – A traumatic brain injury occurs when a sudden trauma causes damage to the brain. This can result from a violent blow or jolt to the head or body, or an object penetrating the skull. Symptoms range from mild concussions to severe brain damage, impacting cognitive function, memory, and physical abilities.

Infections From Injuries At Work – Workplace injuries can lead to infections if the skin is broken or through medical treatments like surgeries. Workers in healthcare are particularly at risk. These infections, from bacteria or viruses at work, can complicate recovery and may entitle workers to compensation for medical treatment and disability benefits.

Internal Injuries – damage to organs, internal bleeding, or fractures that are not visible. Common causes are blunt force trauma, falls, car accidents, or workplace incidents. Symptoms might include pain, swelling, dizziness, or unconsciousness. Immediate medical attention is crucial, as injuries can worsen quickly.

Knee Injuries – Damage to the knee joint or surrounding tissues, often caused by repetitive use, impact, or sudden twisting. Common types include tendonitis, bursitis, arthritis, ACL tears, and meniscus tears, leading to pain, swelling, and limited mobility.

Off-Site Work Injuries – Injuries that occur during activities outside the main workplace but are still work-related, such as while commuting, during lunch breaks, or at company events. These injuries can be covered by workers' compensation if the activity is considered part of the job or directed by the employer.

Pre-Existing Injuries – When an injury at work aggravates a pre-existing condition, such as a back or knee problem, workers' compensation covers the worsened condition. For example, if a manageable back issue worsens due to a work accident, requiring medical treatment, the employer is responsible for the treatment and related costs under New Jersey workers' compensation law.

Repetitive Stress Injury – Repetitive stress injuries occur from repeated actions over time, causing pain and damage to muscles, tendons, and nerves. Common symptoms include pain, swelling, numbness, and loss of movement. These injuries often affect the wrist, hand, shoulder, elbow, back, knee, or ankle and result from activities like typing, lifting, or maintaining awkward postures.

Reflex Sympathetic Dystrophy (RSD) – A chronic pain condition, usually affecting extremities like hands, feet, arms, or legs, which arises from an injury or illness. Characterized by severe pain, swelling, and sensitivity, RSD results from abnormal nerve responses and can lead to long-term disability if not properly managed.

Scaffolding Accident – happen when workers fall from scaffolds or when scaffolds collapse. These accidents can lead to serious injuries such as fractures, traumatic brain injuries, spinal cord injuries, or even death. Contributing factors include lack of proper safety measures, unstable scaffold construction, and inadequate worker training.

Shoulder Injury – A shoulder injury can result from work-related accidents or repetitive tasks, leading to conditions like rotator cuff tears, impingements, strains, and sprains. These injuries often require medical treatment, including surgery and rehabilitation, and can cause significant pain and disability, impacting a worker's ability to perform their job or return to work in the same capacity.

Strains and Sprains – Strains involve overstretched or torn muscles or tendons, while sprains occur when ligaments are stretched or torn. Common in workplaces, these injuries result from repetitive movements or sudden accidents like falls. They can cause significant pain and limit work ability, requiring treatments like rest, physical therapy, and assistive devices for recovery.

Toxic Exposure and Lung Cancer – Prolonged exposure to harmful chemicals and pollutants in the workplace can lead to serious health issues, including lung cancer. Symptoms may take years to develop, complicating diagnosis and timely reporting. Workers exposed to toxic substances should seek legal help to secure medical and disability benefits.

Work-Related Illnesses – Illnesses caused by exposure to harmful substances or conditions at work, such as asbestos, silica, toxic mold, or bodily fluids from infected patients. These illnesses can be physical or psychological, stemming from stress or trauma. Proving the illness is work-related often requires medical records and an independent physician's examination.

Catastrophic Injury – Severe injury causing permanent disability, preventing gainful employment. Examples include traumatic brain injuries, spinal cord injuries leading to paralysis, and amputations. Such injuries often require extensive medical care and result in lifelong physical and financial impacts. Workers' compensation can provide essential support for medical expenses and lost wages.

Contact With Objects And Machinery – Workers exposed to large machinery or heavy equipment face daily hazards that can lead to severe injury or death. These incidents often involve being caught in machinery parts, leading to crushing or amputations, or encountering hot surfaces and scalding liquids causing burns. Federal and state safety regulations aim to reduce these risks.

Defective Machines And Products – Defective machines and products can cause severe injuries or even fatalities to employees. These incidents occur when machinery malfunctions or has design flaws, leading to accidents. Injuries range from cuts and burns to more serious conditions like amputations and crush injuries. Workers affected by such defects may qualify for workers' compensation and other legal remedies.

Electrocution Injuries – Electrocution occurs when a person is exposed to a lethal amount of electrical energy, leading to severe burns, cardiac arrest, or death. High-risk environments include construction sites, factories, and shipyards where workers often deal with high voltage equipment and live wires, making these incidents more likely and extremely hazardous.

Explosion Injuries – These injuries occur due to sudden and violent events in industrial settings, such as paint booths, automotive repair garages, and tunnels. They can result in severe burns, trauma, and fatalities. Explosions are often caused by flammable liquids, gases, or unsafe welding practices.

Industrial Accidents – Occur in factory settings, construction sites, or other industrial workplaces and involve injuries from machinery, falls, explosions, or chemical exposures. These accidents can result in severe physical harm or fatalities and often stem from safety lapses or inadequate training.

Slip and Fall Accidents – Slip and fall accidents in industrial settings can lead to life-altering injuries, often due to unsafe conditions and lack of proper safety measures. Workers' compensation may apply if the accident happens while the victim is performing job-related duties.

Traffic And Motor Vehicle Accidents – These accidents involve collisions between work vehicles, often caused by negligence or unsafe driving conditions. They can result in severe injuries or fatalities, especially if they occur at high speeds or involve large vehicles like trucks.

Violence By Persons Or Animals – This type of injury involves harm caused by physical assaults from other individuals or attacks by animals while at work. These incidents can result in serious injuries or fatalities and may occur unexpectedly in various occupational settings.

Mental Health Injuries – Depression caused by workplace conditions can qualify for workers' compensation. Employees must show the depression resulted from work-related factors and provide medical testimony to prove the cause and severity.

Communities Served By Daniel Santarsiero NJ Workers Compensation Lawyer

Daniel Santarsiero NJ Workers Compensation Lawyer supports injured workers across NJ, including Atlantic County (Mays Landing), Bergen County (Fort Lee, Hackensack), Burlington County (Mount Holly), Camden County (Camden), Essex County (Bloomfield, Newark), Gloucester County (Woodbury), Hudson County (Hoboken, Jersey City), and Hunterdon County (Lebanon). We also serve Mercer County (Lawrenceville, Trenton), Middlesex County (Edison, New Brunswick, Piscataway, Woodbridge), Monmouth County (Eatontown, Freehold, Howell, Wall Township), Morris County (Morristown, Mount Arlington), Ocean County (Jackson, Toms River), Passaic County (Clifton, Paterson, Wayne), Somerset County (Bridgewater, Somerville), Sussex County (Sparta Township), and Union County (Cranford, Elizabeth, Plainfield).