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Helping Injured Workers Recover Maximum Compensation

Proudly Serving New Jersey Since 1993

New Jersey Workers' Compensation Lawyer

Workers' compensation is a system designed to provide financial support and medical benefits to employees who suffer work-related injuries or illnesses. In New Jersey, this system ensures that injured workers receive the necessary care and compensation without the need for lengthy legal battles. As you read on, you'll learn about the types of injuries covered, the process of filing a claim, and when you’ll want to seek help from an experienced New Jersey workers’ compensation lawyer.

Workers’ Compensation Lawyers in New Jersey

Injured at work in New Jersey? Don’t face this situation alone. Employers and insurers often deny and delay rightful benefits. Our lawyers have decades of experience battling for injured workers. We cut through the red tape to secure your full benefits. Your recovery and financial stability are our top priorities. 

Call (934) 200-5372 or reach out online for a free consultation. Daniel Santarsiero NJ Workers’ Compensation Lawyer has offices in Freehold, Toms River, and New Brunswick, and serves injured individuals throughout the state.

  • "Hard Work & Dedication"
    Very professional and hardworking group of lawyers. They work hard to get you the best outcome for your cases. Excellent customer service and always current and prompt with material that relates to your case.
    - Zalana K.
  • "A Great Experience!"
    I have had nothing but great experiences working with Daniel Santarsiero on several comp cases.
    - Larry W.

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What is Workers' Compensation?

You can get workers' compensation in New Jersey if you suffer an injury or develop an illness due to your work. The law requires all employers with at least one employee to provide these benefits, except for certain types of businesses like sole proprietorships where the only workers are the owners. This means that if you are an employee, you are typically eligible for workers' comp. It doesn’t matter if you are full-time, part-time, seasonal, or under 18. Your injury or illness must happen in the course of your job duties. This means it doesn't have to occur on your employer’s premises. For example, if you get hurt while visiting a client or traveling for work, you can still get workers' comp. You can also get benefits if you hurt yourself on your employer’s premises during off-hours. You can also claim workers' comp if your work aggravates a pre-existing condition.

If a work-related injury or illness results in death, the worker’s dependents can claim death benefits. These benefits cover funeral expenses up to $3,500 and a portion of the worker’s weekly wages. Dependents include the worker’s spouse and children who lived with them at the time of death, as well as other family members who can prove dependency.

What Are the Types of Workers' Compensation Benefits?

Workers' compensation benefits in New Jersey cover several key areas to help you if you are injured or become ill due to your job. These benefits include medical benefits, which pay for all reasonable and necessary medical treatment for your work-related injury or illness. Temporary disability benefits provide partial wage replacement if you cannot work while recovering. Permanent partial disability benefits offer financial compensation based on your pre-injury wages and the severity of your disability. Permanent total disability benefits provide ongoing partial wage replacement if you are unable to work at all. Lastly, death benefits provide financial support and burial expenses to the family of a worker who dies because of a work-related injury or illness.

How Are Workers' Compensation Benefits Calculated?

In New Jersey, workers' compensation benefits are calculated based on the wages earned by the injured or deceased employee. If a worker is injured and unable to work, they are entitled to temporary total disability benefits. These benefits are 70% of the worker’s average weekly wage, subject to a maximum and minimum amount set by the state each year. The benefits continue until the worker can return to work or reaches maximum medical improvement.

For permanent injuries, there are two types of benefits: permanent partial disability and permanent total disability. Permanent partial disability benefits are for injuries that partially impair the ability to work. The amount and duration depend on the type and severity of the injury. Permanent total disability benefits are for injuries that completely prevent a worker from working. These benefits start at 70% of the average weekly wage and last for 450 weeks. If the worker is still unable to work after this period, the benefits may continue, with the rate adjusted.

In cases where a worker dies from a work-related injury or illness, their dependents are eligible for death benefits. These benefits are also 70% of the deceased worker's wages, divided among the dependents. The weekly amount is subject to a maximum and minimum limit. Benefits for a surviving spouse last for life or until remarriage, in which case a lump-sum payment is given. Dependent children receive benefits until age 18, or 23 if they are full-time students. Other dependents, like parents or siblings, may receive benefits based on their dependency level.

Each year, the state sets new maximum and minimum benefit amounts. In 2019, for example, the maximum weekly benefit was $921, and the minimum was $246. The state also covers funeral expenses up to $3,500.

Understanding the calculation of workers’ compensation benefits can be complex, and it's often helpful to consult with a knowledgeable attorney to handle the process.

How Can I Prove the Injury Is Work-Related?

To prove an injury is work-related, you need to demonstrate that it occurred while performing job duties. In New Jersey, the injury must arise during the course and scope of employment

Documenting the incident is crucial. Report the injury to your employer immediately, seek medical attention, and keep detailed records of all related communications and treatments. Witness statements can also support your claim. Consult a New Jersey workers' compensation attorney to evaluate the specifics of your case and ensure you have all necessary evidence to substantiate your claim.

How Do I File a Workers' Compensation Claim?

To file a workers' compensation claim in New Jersey, follow these steps:

  • Report Your Injury: Inform your employer about your work-related injury or illness as soon as possible. Although you have up to 90 days, it's best to report it within 14 days.
  • Seek Medical Attention: Get medical treatment and follow all prescribed guidelines. Ensure that you keep records of your medical visits and treatments.
  • Employer's Report: Your employer will file a First Report of Injury with the New Jersey Division of Workers’ Compensation.
  • File a Claim: If your claim is denied or you face issues, file a written claim with the Division of Workers’ Compensation within two years of the injury or last payment of benefits.
  • Consult a Workers’ Comp Lawyer: Contact a New Jersey workers' compensation lawyer for guidance and to ensure you receive the benefits you deserve.

About Daniel Santarsiero NJ Workers' Compensation Lawyer

It is important to have a New Jersey workers compensation attorney review your claim as soon as possible to see that you are being treated fairly and to ensure that you receive full compensation for your injuries. Our injury attorneys do not charge a fee unless we make a recovery on your behalf.

What Does a Workers' Compensation Delay or Denial Mean in New Jersey?

When you suffer a workplace injury or contract an occupational disease, you need to start receiving workers’ compensation benefits as soon as possible. While many claims are processed quickly, some insurers delay or unjustly deny workers’ compensation claims. Workers' compensation claims are often denied due to lack of evidence, missed deadlines, non-work-related injuries, willful negligence by the employee, discrepancies in the incident report, or failure to seek prompt medical treatment. 

If you have filed a claim and your employer’s workers’ compensation insurer has not responded or denied your claim without a valid reason, it's important to speak with an attorney about your rights and options.

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Why Choose Daniel Santarsiero NJ Workers' Compensation Lawyer? Our Commitment to Your Recovery

  • Start with a Virtual Consult
    You don't need to come to our office. We can meet virtually!
  • 24/7 Help Available
    Don't hesitate! Give us a call whenever you need legal help.
  • We Offer Contingency Fees
    You don't pay our firm a dime unless we win for you.
  • We're a Spanish-Speaking Team
    Our law firm is dedicated to providing Spanish language services.

What Are Third-Party Personal Injury Claims?

Third-party personal injury claims arise when you suffer an injury at work due to the negligence of someone other than your employer. While workers’ compensation covers your medical expenses and lost wages, it typically doesn’t allow you to sue your employer for additional damages. However, if a third party, such as a subcontractor, manufacturer, or property owner, caused your injury, you can file a third party personal injury lawsuit against them.

Examples include injuries from faulty equipment, slips on unsafe property, or accidents caused by other drivers while on the job. These claims can provide compensation for pain and suffering, emotional distress, and other losses not covered by workers’ comp.


Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 934-200-5372 today!

  • Can you collect workers’ compensation and retirement benefits?
    If you retire while on workers’ compensation, you may still be entitled to certain workers’ comp benefits. For example, workers’ comp will continue to pay for all reasonable and necessary medical treatment. While temporary wage replacement will cease if you retire, since retirement means you have no intention of returning to work, you are still able to collect permanent disability benefit payments while retired.
  • Does a workers’ compensation settlement affect Social Security disability benefits?
    Yes. New Jersey is considered a “reverse offset” state. Unlike most other states where workers’ comp benefits may be reduced to the extent that a disabled worker is also receiving Social Security disability benefits, in New Jersey workers’ comp benefits are used to offset the Social Security disability benefits that a worker would receive. Although New Jersey law does not consider workers’ comp settlements to be compensation benefits, the Social Security Administration does offset settlements against disability benefit payments.
  • Can you get unemployment after filing for workers’ compensation?
    While you cannot collect unemployment and workers’ comp benefits at the same time, you may be able to file a claim for unemployment benefits (if you have been terminated from your job for an eligible reason) after you have fully recovered from a work injury or illness and no longer receive workers’ comp benefits.

What Medical Treatment Is Provided Through Workers' Compensation?

If you suffer an injury or illness at work, workers' compensation covers your medical treatment. This includes hospital stays, surgeries, prescriptions, and physical therapy. Your employer is responsible for paying these costs.

You may not choose your initial treatment provider; your employer picks the doctor. However, if your employer refuses necessary treatment, you can seek it independently. If this treatment is deemed necessary, the employer must cover the costs.

In some cases, you may be required to undergo specific treatments. If you refuse, you might face a reduction in benefits. If you're unsure about your rights or face issues with your employer regarding medical treatment, contacting a workers' compensation lawyer can help clarify your options and rights.

What Is a Workers' Compensation Death Claim?

A workers' compensation death claim provides benefits to the surviving family members when an employee dies due to a work-related accident or illness. In New Jersey, this claim ensures you receive financial support, including funeral costs, medical expenses, and lost income replacement. If your loved one passes away from a work-related incident, you are entitled to these benefits regardless of fault.

Surviving spouses and children qualify for workers’ compensation benefits in the event of an employee death. A spouse can receive benefits for life, while children receive them until they are emancipated. This financial support is vital to help you cope with the loss and maintain stability during a difficult time.

To pursue a workers' compensation death claim, it’s often necessary to file a survivor petition. Insurance companies rarely pay out these claims without legal action. Therefore, contacting a workers’ compensation lawyer who understands the process can significantly improve your chances of receiving full benefits.

Workplace deaths can result from various incidents, such as falls, electrocution, being struck by objects, or long-term exposure to hazardous conditions like asbestos. Public sector employees, including police officers, firefighters, and emergency medical technicians, also commonly file these claims.

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Hiring an Experienced Workers’ Compensation Attorney

If you've been hurt at work in New Jersey, don't face the challenges alone. The state's workers’ compensation system is meant to help you recover, but too often, injured workers face unfair delays and denials. NJ Workers’ Compensation Lawyer Daniel Santarsiero, Esq. has spent nearly 30 years fighting for the rights of injured workers. We understand how employers and insurers can try to avoid paying the full benefits you need.

Whether you're dealing with a denial of benefits or just starting your claim, we are here to help. Our firm knows the tactics used to delay or minimize your compensation, and we are committed to cutting through the red tape. We will work tirelessly to ensure you get the full range of benefits available under the law, including medical treatment, lost wages, and any permanent disability compensation. Your recovery and financial stability are our top priorities. Don’t let the complexities of the workers’ compensation process overwhelm you. Reach out today for a free, no-obligation consultation. Let us help you secure the benefits you deserve to support your recovery and get back on your feet. 

Reach out to Dan by calling (934) 200-5372 or online for guidance on your rights and next steps.

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