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Workplace Injuries

New Jersey Workplace Injury Lawyer

Fighting For Workplace Accident Victims in NJ

Workplace accidents are unfortunately a common occurrence across New Jersey, with thousands of employees suffering work injuries every single year. The workers’ compensation system under New Jersey law is designed to provide employees who sustain work injuries with the financial benefits they need for their medical recovery and to help make up for lost wages. 

However, employers and workers’ compensation insurance companies sometimes try to avoid their responsibility to provide workers’ comp benefits to injured employees. When you are having trouble getting the financial benefits and resources you need for a work injury, let a New Jersey work injury lawyer advocate on your behalf to pursue the compensation you need. 

The legal team led by Daniel Santarsiero, Esq. at Daniel Santarsiero NJ Workers' Compensation Lawyer has defended the rights and interests of injured workers throughout New Jersey for nearly 30 years. Dan has extensive experience pursuing workers’ comp claims, which we put to use on behalf of every client we represent to fight for maximum benefits and to help them make as full a recovery as possible. If your employer or its workers’ compensation insurer is denying or delaying your workers’ comp claim, you need a skilled work accident attorney in New Jersey to give you the best chance at successfully recovering the compensation you need and deserve. Dan has been litigating workers’ compensation claims for nearly three decades and is a certified civil trial attorney, a recognition conferred on less than two percent of attorneys in New Jersey that reflects advocacy skill in legal proceedings. 

Call Daniel Santarsiero NJ Workers Compensation Lawyer today at (934) 200-5372or contact us online to schedule a free consultation workplace injury attorney in New Jersey.

Common Causes of Workplace Injuries

Workplace injuries can occur across many industries and job settings. Our work accident lawyer in New Jersey can support our clients no matter what type of workplace injury they have suffered.

Some of the most common causes include the following:

  • Slip and fall accidents: Often caused by wet floors, uneven surfaces, poor lighting, or cluttered walkways, resulting in injuries such as fractures, sprains, and head injuries.
  • Overexertion and repetitive strain injuries: Injuries from lifting, pushing, pulling, or repetitive motions, including conditions like carpal tunnel syndrome that develop over time.
  • Machinery accidents: Common in industrial and manufacturing settings and may involve contact with moving parts, leading to serious injuries such as amputations, crush injuries, and lacerations.
  • Falls from heights: Frequently occur in construction and maintenance work and can result in catastrophic injuries like spinal cord damage, traumatic brain injuries, or even death.
  • Vehicle-related accidents: Affect workers who drive as part of their job and can range from minor injuries to severe trauma following collisions or rollovers.
  • Exposure to harmful substances: Involves contact with chemicals, asbestos, or other toxins that may cause long-term health conditions, including respiratory illnesses and cancers.

Whether you've suffered lacerations or an amputation, our job accident attorney in New Jersey can help you pursue the benefits you need. 

Common Work Accident Injuries 

Daniel Santarsiero, Esq. at Daniel Santarsiero NJ Workers' Compensation Lawyerleads a team that has a long track record of advocating for the rights and interests of employees across New Jersey who have suffered work injuries.

We support clients through injuries such as:

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.

Hear From Our Happy Clients

At Daniel Santarsiero NJ Workers' Compensation Lawyer, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "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.
    "Highly Recommend!"
    He always took the time to answer all my questions and thoroughly explain what was happening next. I would highly recommend him!!!!!!
    - Barbara A.
    "He is Amazing!"
    He is amazing! Not only did he answer all my questions, but he also broke down my case in terms that I would understand.
    - Amanda A.
    "A Blessing!"
    He sure will go to bat for someone he believes in. I would recommend him over and over again.
    - Eileen H.
    "Very Satisfied!"
    I wasn't really expecting to get anything so im very satisfied with the results, would highly recommend as a legal representative.
    - Lucas Vieira A.
    "Definitely Recommend!"
    I would have never been able to navigate all the twists and turns of the process. Thanks to Dan everything was 100% successful. I highly, highly recommend Dan.
    - Russ D.
    "The Best Results!"
    He resolved any concerns and concluded the case within a reasonable amount of time with positive results.
    - Stephen C.

When Can You Get Workers’ Compensation for a Work Injury?

In New Jersey, an employee is entitled to benefits from workers’ compensation when they suffer an injury in the course and scope of their employment. A work injury does not need to occur on an employer’s premises. The injury can occur off-premises so long as an employee is engaged in their work duties, such as when visiting a client site or traveling for business. A work injury can even occur outside of normal duty or operational hours while the employee is still present on the employer’s premises.

Workers’ compensation may also be provided when an employee’s job causes an aggravation of a pre-existing injury or medical condition that the employee suffered from, such as aggravating degenerative disc disease in a work accident. 

Types of Employees Eligible for Workers' Comp Benefits

All employees who work for any form of compensation are entitled to be covered by workers’ compensation. 

This includes: 

  • Under-18 employees
  • Part-time employees
  • Seasonal employees

Independent contractors and volunteers may also be eligible for workers’ comp.

Do You Get Workers' Compensation if It's Your Fault?

Workers’ compensation in New Jersey is considered a “no-fault” system. This means that an injured worker does not need to prove that their employer bears any legal fault for the worker’s injury. Instead, an employer is obligated to provide workers’ compensation benefits whenever an employee sustains an injury in the course and scope of employment. However, in exchange for these guaranteed financial benefits, a worker is usually precluded from pursuing a personal injury claim against their employer.

Under certain circumstances, a worker may disqualify themselves from workers’ comp benefits for a work injury, such as when a worker intentionally injures themselves or the injury occurs due to reckless behavior like horseplay or being intoxicated while on duty. 

What Does Workers’ Comp Cover for a Work Injury?

Workers’ compensation provides employees who have suffered a work-related injury with certain defined financial benefits. 

These benefits may include:

  • Medical benefits: This pays for all reasonable and necessary medical treatment, rehabilitation services, and potentially even pain management for a work injury. 
  • Temporary disability benefits: This type of benefit provides partial lost wage replacement up to 70 percent of a worker’s average weekly wage if they cannot work, or 70 percent of the difference between their average weekly wage and reduced wages if they work modified hours or duties during their recovery and earn a reduced income.
  • Permanent partial disability benefits: This offers regular payments based on the type and severity of a permanent disability that does not render a worker completely unable to go back to work.
  • Permanent total disability benefits: Permanent total disability benefits continue wage replacement benefits indefinitely for as long as a worker remains completely unable to work.
  • Death benefits: This includes temporary partial wage replacement and reimbursement of funeral/burial costs for surviving family members of a worker who dies from a work injury or occupational illness. 

Unfortunately, workers’ compensation does not provide financial recovery for non-economic, personal losses that a worker may suffer due to a work injury, such as physical pain and suffering, emotional trauma and distress, or reduced quality of life or life expectancy. 

However, if a work injury or occupational illness is caused by the negligence or other legal fault of a third party (someone unconnected to the employer), an employee may be entitled to pursue a personal injury claim against that third party to recover compensation for non-financial losses. But money recovered in a third-party personal injury claim may be subject to a lien to reimburse an employer or its workers’ compensation insurer for some of the benefits paid to an injured employee. 

About Daniel Santarsiero NJ Workers' Compensation Lawyer

Understanding the Workers’ Compensation Claims Process in NJ

New Jersey workers’ compensation claims follow a structured process with strict deadlines. Understanding the key steps can help injured workers protect their right to benefits.

The process includes the following steps:

  1. Report the injury promptly: Employees should notify their employer as soon as possible, ideally within 14 days, and no later than 90 days. Written notice is recommended and can be given to a supervisor, manager, safety or human resources department officer, or another person in a position of authority with your employer.
  2. Employer files injury report: After receiving notice, the employer must file a First Report of Injury with the New Jersey Division of Workers’ Compensation.
  3. Benefits determination: The employer or its insurer, with assistance from the Division, determines the workers’ compensation benefits owed.
  4. File a claim petition if problems arise: A claim petition is required if an employer fails or refuses to file a First Report of Injury with the Division or if benefits are denied, underpaid, stopped, or if permanent disability benefits are sought.
  5. Meet filing deadlines: Claim petitions must be filed within two years of the injury or the last payment of workers’ compensation benefits.
  6. Resolve disputes or appeal: Claims may proceed through an informal claim-hearing where a workers' comp judge oversees a mediation-like proceeding or a formal hearing with a binding decision.

If an injured worker is dissatisfied with the workers’ compensation judge’s ruling in a formal claim hearing and believes the judge may have made a procedural or legal error during the proceeding, they can appeal to the New Jersey Superior Court’s Appellate Division. Throughout this entire process, our New Jersey job accident attorney can support you.

How Can Our Workplace Injury Attorney in New Jersey Help You?

While workers’ compensation is intended to provide employees with guaranteed benefits for a work injury, employers and their workers’ compensation insurers do not always immediately begin providing the benefits an injured worker deserves. If you are having trouble obtaining workers’ comp benefits from your employer after a work injury, New Jersey workplace accident attorney Daniel Santarsiero, Esq. at Daniel Santarsiero NJ Workers' Compensation Lawyer can help you.

Our work injury lawyer in New Jersey can support you by:

  • Investigating your work injury: Investigating the facts and circumstances of your work injury, including recovering evidence from the workplace accident needed to show that you were injured on the job.
  • Establishing medical causation and disability: Working with your treating providers and other medical experts to persuasively explain how your injuries are connected to your job, as well as the extent of the injuries and disabilities that you have suffered.
  • Verifying accurate wage calculations: Our job accident lawyer in New Jersey can calculate your average wages to make sure that you are being paid the correct amount of workers’ comp benefits.
  • Explaining your rights and options: Taking the time to go over your rights and options with you so that you understand what to expect in your case.
  • Negotiating benefits and settlements: Negotiating with your employer and its insurer to secure benefits for you after a work injury, including negotiating a workers’ compensation settlement if appropriate for your individual situation.
  • Filing necessary legal claims: Filing a claim petition with the Division of Workers’ Compensation when your employer or its insurer has denied your workers’ comp claim or isn’t paying you the benefits you are entitled to.
  • Advocating through hearings and appeals: Advocating for your rights and interests during claim hearings, or appealing an adverse decision against you to the courts if necessary.

Contact Our Workplace Injury Attorney in New Jersey Today

After you have suffered a work injury, don’t wait to get the legal help you need to secure workers’ compensation benefits that can help you with your recovery. Our workplace accident lawyer in New Jersey can support you from begining to end.

Contact Daniel Santarsiero, Esq. at New Jersey Workers Compensation Lawyer today for a free, no-obligation case review to discuss what our New Jersey workplace injury lawyer from our firm can do to assist you in your workers’ comp claim. 

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