One of the first questions our attorneys are asked by an injured worker contacting our office about a NJ workers' compensation claim is “what will I have to pay you to proceed with the case?” The simple answer to this question is that there is no legal fee that must be paid in order for our law firm to undertake prosecution of a workplace injury claim under New Jersey’s workers' compensation law. Every New Jersey workers' compensation case is handled on a contingent fee basis, that is to say, there is no legal fee paid unless a recovery is made on behalf of our client. The result of this arrangement is that an injured worker really has nothing to lose in retaining our law firm to handle a workers' compensation claim.The Court Determines the Amount of the Legal Fee Payable in a Workers' Compensation Case
Every workers' compensation claim prosecuted under the New Jersey Workers' Compensation law can only be resolved following review and approval by a Judge. At that time, the Judge also makes a determination as to what shall be awarded in terms of a legal fee to the claimant’s attorney. The legal fee awarded is customarily twenty percent (20%) of the permanency damages awarded on a workers' compensation claim, with the employer being responsible for payment of sixty percent (60%) of this fee in most cases.Legal Fees are Payable Whenever You are Required to Resort to the Workers' Compensation Court to Recover Temporary Disability Benefits, Medical Treatment or a Permanency Award
It is not uncommon for an employer’s workers' compensation insurer to stop paying temporary income or medical benefits based on the employee purportedly reaching maximum medical improvement (MMI) or based on the claim that the employee is capable of returning to work. When an employee’s benefits are “cutoff” prematurely, our New Jersey workers' compensation lawyers file what is referred to as a medical and temporary motion. This application to the Court requests reinstatement of benefits. If the motion is successful, the employer must reinstate benefits and is responsible for payment of a twenty percent (20%) legal fee on any and all back benefits and future benefits paid as a result of the success of the motion. Irrespective of the outcome of the motion, the client is not responsible for the legal costs of filing or prosecuting the motion.
We hope that individuals possessing a NJ workers' compensation case recognize that there is very limited responsibility for payment of legal fees to our firm for prosecuting their case. It is basically a no lose proposition when it comes to hiring our law firm to handle a workplace injury case under the New Jersey Workers' Compensation Law. Please do not hesitate to contact our office if you or a loved one has been injured at work and is seeking a New Jersey workers' compensation lawyer. An attorney from our law office will take the time to explain all of the issues involved in your case, answer all questions, and provide you with the information you need to decide whether you would like to retain us to act as your NJ workers' compensation lawyers.Contact Our Workers’ Compensation Lawyers to Discuss Your Rights
At the Law Office of John F. Marshall, in Monmouth County, New Jersey, our workers’ (workman’s) compensation lawyers and staff are committed to providing injured workers with responsive and effective legal services. If you were injured on the job, it is important to have a lawyer to review your claim in order to see that you are being treated fairly. Please call (800) 999-0897 or e-mail our office to arrange a free consultation.
Do you have a claim against a person other than your employer for an employment-related injury? See Third Party Claims.
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