Workers’ compensation provides various benefits to employees injured at work due to one’s employment. In the unfortunate scenario of the death of an employee due to one’s employment, the employee’s family may be entitled to workers’ compensation benefits. However, damages for pain and suffering due to the employer’s or a co-employee’s negligence are not available in workers’ compensation.
In New Jersey, workers compensation benefits are normally paid through compulsory insurance obtained by the employer. Generally, the benefits available to the employee consist of lost wages, related medical treatment and the costs associated therewith and payments over time for any resulting loss of abilities. If, however, the employee does not retain legal counsel and seek application to the court, the insurance carrier will control all aspects of paying or not paying these benefits. Once the employee retains legal representation and files a formal claim, the timing, amount and entitlement to benefits will be overseen by a Workers Compensation Judge. What every employee should be aware of is that in any proceeding before a Workers Compensation Judge, the Insurance carrier will likely have legal representation and they are entitled to their own lawyer.
What every business should be aware of is that any corporation must be represented by an attorney and representation is critical if they do not have workers’ compensation insurance or the carrier is disputing coverage. Since the New Jersey workers compensation court has its own a set of rules and procedures, the assistance of an attorney with intimate knowledge of this system is of particular importance to both the employee and employer.
If you are an employee who has been injured on the job, you definitely should obtain the services of an experienced workers’ compensation lawyer and the same can be said for any employer who has any kind of issue with its carrier, including a premium dispute. An injured employee will need to file your claim within a specific period of time or said employee will be barred from doing so. In addition, no attorney in New Jersey can represent an injured party in Workers Compensation court and receive a fee unless the injured party receives an award. Furthermore, all such attorney fees are set by the court so any advertisement that touts “we don’t get paid unless you do” is not an advertisement offering any type of unique benefit. The lawyers at Young & Perez are experts in this field and will ensure that if you are injured on the job you will be treated fairly, with dignity and will receive the benefits you deserve.
Furthermore, if you are alleged to be an employer and need representation to advise you on any insurance related issue, Young & Perez will be able to provide you with the answers and action you need along with timely and informative status reports.