Toms River Workers Compensation Lawyer
Experienced Toms River Work Injury Attorney Advocates on Behalf of Employees Injured on the Job in Ocean County and Across NJ
Work injuries and occupational illnesses are unfortunately an all-too-common occurrence across New Jersey. Workers trying to recover from an injury or illness suffered on the job may face considerable financial burdens, including medical bills and lost wages from missed work. For that reason, the New Jersey workers’ compensation system is intended to provide medical and financial benefits to injured or ill workers. Although employers have an obligation to provide benefits to an employee who sustains an injury or illness in the course and scope of their employment, some employers or their workers’ compensation insurers may delay or deny workers’ claims. If you need help recovering benefits for your work injury or occupational illness, a Toms River workers compensation lawyer can help.
Turn to Daniel Santarsiero, Esq. at New Jersey Workers Compensation Lawyer of JFM Law for legal advice and assistance in your workers’ compensation claim. For nearly 30 years, Dan has represented injured employees in workers’ compensation courts throughout the state of New Jersey. Dan is a certified trial attorney, a distinction held by less than two percent of lawyers in the state, which recognized his experience and skill in workers’ comp hearings and courtrooms. Dan is an experienced attorney who is ready to aggressively pursue the results you need and deserve.
Following a workplace injury, reach out to us for a free initial case evaluation to see how a Toms River workers compensation lawyer from our firm can assist you with securing the benefits you are entitled to under the law.
Types of Workers’ Comp Benefits
In New Jersey, workers’ comp benefits that an employee who has suffered a work injury or occupational illness can obtain from their employer include:
- Medical benefits to cover the cost of reasonable and necessary medical treatment and rehabilitation
- Temporary disability benefits that offer partial wage replacement for a worker who cannot work during their recovery
- Permanent partial disability, which provides payments that are based on a worker’s average pre-injury wages and the type and severity of the disability that they have sustained
- Permanent total disability benefits, which continue wage replacement benefits so long as a worker remains unable to do any type of job
- Death benefits, which include regular payments to surviving dependents and financial contributions towards funeral/burial expenses
The Process of Filing a Claim for Workers’ Compensation
The process of filing for workers’ compensation benefits begins by notifying your employer about your work injury. Notice must be given promptly, normally within 14 days of sustaining a work injury. However, an injured worker must notify their employer no later than 90 days after a workplace accident to be eligible for workers’ comp benefits. You can notify your employer orally or in writing, although it is recommended to give written notice to ensure you have a record of providing notice to your employer. Notice can be provided to a supervisor or manager, an HR representative, or any other authority figure in the employer’s organization.
When an employer receives notice that an employee has sustained a work injury or occupational illness, it must file a first report of injury with the Division of Workers’ Compensation in New Jersey. An employer or its workers’ compensation insurer also must either accept or deny the employee’s claim within 60 days. A worker whose employer does not file a first report with the Division or is denied workers’ comp benefits must file a written claim petition with the Division to seek a hearing before a workers’ compensation judge. A worker has the option of an informal hearing, a type of mediation overseen by the compensation judge, or proceeding to a trial-like formal hearing for a binding ruling from the judge. A claim petition must be filed within two years of the date of the work injury, or two years following the last date that workers’ comp benefits were received for a work injury. A claim petition must also be filed to secure financial benefits for a worker’s permanent injury or disability.
Workplace Accident Attorney In Toms River, New Jersey
There are over one-half million residents in Ocean County so it is understandable that thousands of workers’ compensation claims are filed there each year. All of these petitions are heard at the Toms River District Office of the New Jersey Workers Compensation Court. This court possesses exclusive jurisdiction to decide disputes such as compensability, necessary medical treatment, and extent of disability between injured workers and their employer or insurance carrier. Your case will be heard at the Toms River compensation court if you reside in Brick, Lacey, Stafford, Jackson, Point Pleasant, Manchester or any other municipality in the county. The attorneys at our firm, New Jersey Workers Compensation Lawyer, are well-equipped to represent you in Toms River if you were injured during the course of your employment.
Our team is led by Dan Santarsiero, the head of our Workers Compensation Department. Dan has extensive experience appearing at the Toms River Division that spans well over two decades. His history of success has earned him many honors and awards, including the distinction of being a certified civil trial attorney, a member of the Million Dollar Advocates Forum, and included in the Super Lawyers list. He is a dedicated accident attorney who has handled countless workplace injury claims, including those involving:
- Total Disability
- Death & Dependency Benefits
- Second Injury Fund Petitions
- Back & Neck Injuries such as a herniated disk or vertebrae fracture
- Shoulder Injuries
- Brain Injury
- Work Site Falls
- Traffic Accidents
- Falling Objects
Irrespective of how you were injured on the job, Dan and the members of our staff have the knowledge and skill needed to ensure your full recovery. To speak to an attorney immediately in a free consultation, contact our office anytime 24/7.
Workers’ Compensation Claims In Toms River
The Ocean County District Office of the Division of Workers’ Compensation is located at 954 NJ-166, Toms River, New Jersey. This is where lost income, medical benefits, and permanency claims filed by residents of the county are heard. The telephone number for the Toms River Workers’ Compensation court is 732-349-9592 and the fax number is 732-279-7649. The judges who preside over cases include Honorable Lionel Simon III, Honorable Russell P. Cherkos, and Honorable James E. Robertson. The workers’ compensation lawyers in our Toms River Office possess vast experience handling compensation claims in Toms River spanning well over 20 years. Whether you were just injured, are having problems securing medical treatment, or lost wage benefits, we have an attorney with the skills to fully protect you and your family.
Toms River Workplace Injury Lawyers Are Ready to Discuss Your Claim Today
Countless residents of Ocean County are involved in work accidents annually. If you had the misfortune of being injured on the job, our Toms River workplace injury lawyers can provide you with the sound legal guidance needed to ensure that you receive the benefits afforded by law. Your employer’s insurance carrier has an attorney representing their interests, and you deserve nothing less. Minimally, you need to know your rights and a lawyer who is accomplished in prosecuting compensation claims in Toms River is just a telephone call away. Let us take the mystery and confusion out of your accident. Call 866-916-3549 now to speak to Dan Santarsiero or another one of our workers’ compensation attorneys. The consultation is free so that is no reason to hesitate in contacting us for the help you need.
About Toms River, NJ
Toms River is a township located in Ocean County, New Jersey, and serves as the county seat for Ocean County. Formerly known as the Township of Dover, residents voted in 2006 to officially change the township’s name to Toms River in recognition of the largest community in the township. The community sits along the identically-named Toms River, which was previously known as Goose Creek. The waterway and the community were later renamed in honor of Thomas Luker, a farmer who operated a ferry across Toms River. Historically home to shipbuilding, fishing/whaling, and lumber production industries, today Toms River is a rapidly growing bedroom community for workers commuting into Newark and New York City.
In 2020, the New Jersey Department of Labor and Workforce Development reported that the state experienced a total of approximately 92,400 cases of non-fatal occupational injuries and illnesses among all workers in the state.
Contact Our Firm for a Free Case Review to Discuss What a Toms River Workers Compensation Lawyer Can Do to Assist in Your Recovery
If you have been injured at work, don’t wait to begin pursuing the workers’ compensation benefits you need and deserve. Contact Daniel Santarsiero, Esq. at New Jersey Workers Compensation Lawyer of JFM Law for a free, no-obligation consultation to learn about your legal rights and options in your workers’ comp case from a Toms River workers compensation lawyer at our firm.
Frequently Asked Questions about Workers’ Compensation in Toms River
An independent contractor generally cannot file a workers’ compensation claim against the company that retained them to perform contract work. However, someone who was misclassified by an employer as an independent contractor may be entitled to workers’ compensation since they are properly classified as an employee. An independent contractor who is injured while performing contract work will have to pursue workers’ compensation benefits with their own employer (if applicable).
The law limits the amount of financial payments you can receive from both workers’ compensation and Social Security after sustaining a temporary or permanent disability due to a work injury. You cannot receive more than 80 percent of your pre-injury average weekly wage from a combination of workers’ comp and Social Security disability benefits. New Jersey is a “reverse offset” state, meaning that your Social Security payments may be reduced, or offset, by your workers’ comp benefits.