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Edward B. Kasselman

Certified Civil Trial Attorney

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 Workers Compensation

HURT AT WORK: WHEN TO FILE A CLAIM.

Under New Jersey workers' compensation law if you are hurt or injured on the job you are entitled to three general categories of benefits. These benefits apply regardless of how the accident occurred or who is responsible. The only requirement is that you are hurt while on the job in the scope of your employment. First, you are entitled to temporary benefits while you are disabled from employment. This amount is generally paid on a weekly or bi-weekly basis, and usually equals about 70% of your regular pay, up to a statutory maximum amount which is presently $496.00. You are entitled to receive temporary benefits so long as you are medically disabled from returning to work for a maximum period of 400 weeks.

Second, you are entitled to necessary, authorized medical care to restore your health and return you to work. Authorized medical care means that your employer's workers' compensation insurance company usually has the right to select the doctors who will treat you. However, if you have requested necessary medical care, and the insurance company refuses to authorize it, you can file a motion in workers' compensation court to compel the insurance company to provide you with the care you need.

Finally, as a third benefit, you are entitled to a money damage award for your permanent injury or disability, even if you have returned to work. That award for permanency will generally not be voluntarily paid by your employer or employer's insurance company, unless you have filed a Claim Petition in Workers' Compensation Court so that a record is made of your claim.

You are entitled to all of these benefits as a matter of statutory right under the law. Some or all of these benefits may be provided to you voluntarily, but if they are not, then they will be awarded by a Workers' Compensation Judge after a Claim Petition is filed on your behalf. Your employer is prohibited by law from retaliating against you for filing a workers' compensation claim. It is in your best interest to consult with an experienced workers' compensation attorney as soon as possible after you have been injured.

If you do find yourself in this situation you should call 732-363-0666, and ask for me, Ed Kasselman. I am an experienced Certified Civil Trial Attorney who will assist you in the handling of your workers' compensation claim. No fee will be charged to you until monies are recovered on your behalf, and there is no cost or obligation to call us and discuss your claim at any time. Because workers' compensation court is a completely different system than other courts, it is essential for you to have the assistance of an attorney who has handled thousands of New Jersey workers' compensation cases. Call us today at 732-363-0666 for a free, no obligation consultation

 

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