Experienced Workers’ Compensation Attorney Helps Injured Workers Secure Benefits in New Jersey and New York
New Jersey law requires most employers to provide Workers’ Compensation benefits to employees who are injured on the job. The benefits cover medical treatment, replacement pay (also called lost wages or temporary disability) and a cash award, depending on the severity of your long-term injuries.
When you have suffered a serious injury in a workplace accident, you are not allowed to sue your employer. Instead, you file a Workers’ Compensation claim. However, the unfortunate reality is, sometimes, getting fair compensation from your employer, or its insurance company, requires the assistance of qualified legal counsel.
Andrew Calcagno is an experienced Workers’ Comp and personal injury attorney who understands the nuances of Workers’ Compensation law in New Jersey because he routinely represents injured workers throughout Union County and Middlesex County, including Cranford, Roselle Park and Springfield. Mr. Calcagno will fight the insurance company on your behalf, even going out of pocket and spending the money needed to take your case all the way.
What You Should Know About Workers’ Compensation Law in New Jersey
New Jersey passed the nation’s first Workers’ Compensation system more than 100 years ago. The NJ Workers’ Comp process is unique because cases are not heard in standard courts; instead, Workers’ Compensation claims are heard in special Workers’ Compensation courts.
The NJ Workers’ Comp law protects nearly every worker in the state. You are likely covered by Workers’ Comp benefits if:
- you perform any services for wages
- you are officially classified as an “employee” and not an “independent contractor”
- you sustained an injury or illness arising out of employment
Additionally, since New Jersey is a no-fault state, you should be eligible for Workers’ Comp regardless of who was at fault for the accident.
How do you apply for Workers’ Compensation benefits?
The process for applying for Workers’ Comp benefits is complicated and involves a number of steps. The first thing you need to do after sustaining a work-related injury is notify your employer, who will then contact their insurance carrier and file a report of injury with the New Jersey Division of Workers’ Compensation. In the event that your employer fails to follow through on its legal obligation to investigate your claim and file an injury report, you may request a hearing in front of a Judge of Compensation or you may file a Workers’ Comp claim directly with the Division of Workers’ Compensation. If you lose your claim, or if you are not completely satisfied with the amount of benefits you receive, you may be able to file an appeal.
Common Issues Faced in a Workers’ Compensation Case in Union County, NJ
Workers’ Compensation benefits include medical benefits to cover medical treatment and hospital services, temporary partial disability benefits if you have to miss time from work, temporary total disability benefits if you miss an extended period of time from work, permanent partial disability benefits if you are left with permanent injuries, permanent total disability benefits if you suffer a catastrophic injury and cannot return to the workplace at all, and death benefits if your loved one tragically died on the job. Securing any of these benefits, however, is often difficult because the Workers’ Compensation process is complicated and claimants can run into myriad complications.
One complication that may arise in your Workers’ Compensation claim is how to proceed if your employer is uninsured. Although NJ employers are legally required to maintain insurance for Workers’ Compensation claims, not every employer abides by the law. In the event that you suffered a job-related injury and your employer failed to carry insurance, you may be able to seek Compensation through the NJ Uninsured Employer’s Fund (UEF), a special fund that provides temporary disability benefits and compensation for medical expenses in these kinds of cases. Keep in mind that the process for filing a UEF claim is difficult, so you will want to speak with qualified legal counsel before proceeding.
Another major issue that can arise in a Workers’ Compensation case is what to do when your employer claims that your injury or illness was preexisting. Even if you had a preexisting injury, you may still be eligible for Workers’ Compensation benefits through the NJ Second Injury Fund, a special fund that covers employees whose injuries are exacerbated in the workplace. If you sustained a job-related injury and subsequently became totally disabled, you may be protected under the Second Injury Fund.
If your Workers’ Compensation claim is denied, or if you are not happy with the amount or type of benefits you were awarded, you should not lose hope. An experienced attorney like Andrew Calcagno may be able to help you file an appeal and get a reversal of the negative decision. The appeals process in these cases is incredibly complicated but Mr. Calcagno will put his years of experience to work for you.
Free Consultation with an Aggressive Workers’ Comp Lawyer in Cranford, Kenilworth and Summit, New Jersey
Whether you are thinking about filing a Workers’ Compensation claim, pursuing a Workers’ Compensation settlement or want to appeal a Workers’ Compensation decision, the first thing you should do is speak with a skilled lawyer so you can better understand all of your legal options. Andrew Calcagno is an experienced Workers’ Compensation lawyer who has helped countless injured workers throughout NJ, including Union, Middlesex, Essex, Hudson, Monmouth, Morris and Somerset counties.
If you have sustained a workplace injury, contact Mr. Calcagno today to discuss your case or schedule a free consultation at his office in Cranford, New Jersey. All Workers’ Comp and personal injury cases are taken on a contingency basis. If we don’t win damages for you, you don’t pay.