New Brunswick Workers’ Compensation Lawyer

Workers’ compensation is a valuable insurance program that provides many benefits to employees injured in the course of their employment. The circumstances of an injury or claim can make the recovery of benefits difficult for employees. Employers may wrongfully dispute requested benefits or fail to provide benefits. Our New Brunswick workers’ compensation lawyers seek to maximize the value of each client’s case through our reputation as tenacious litigators and detailed preparation in the expectation of it going to trial. Our personal injury attorneys can help you through the workers’ comp process.

Workers’ Compensation Benefits Available to Injured Employees

The workers’ compensation benefits owed to an employee will vary depending on the severity of their injury and its impact on their ability to continue working. However, a primary benefit that an employer’s insurer should provide to an injured worker is all necessary and reasonable medical treatments, including prescriptions and hospital services. The employer generally has the right to select an employee’s medical care provider, but some exceptions may allow an employee to choose their care team, such as in emergency situations.

Wage replacement is another common benefit provided under the workers’ compensation program. If an employee is unable to work during their medical recovery, workers’ compensation provides temporary total disability benefits at a rate of 70 percent of their average weekly wage within the applicable statewide average weekly wage limitations. This wage replacement continues until an employee can return to work or a doctor determines they have reached maximum medical improvement. Injury that results in permanent disability may entitle an employee to partial or total disability benefits at rates based on the nature of the loss. For example, disability benefits may differ for loss of use injuries involving a hand or arm compared to a foot or leg. Workers’ compensation also provides death benefits for surviving dependents of an employee in the form of wage replacement and up to $3,500 for funeral expenses. An experienced workers’ compensation attorney in New Brunswick can help a person review the circumstances of their claim and ensure that received benefits align with those required under the law.

Filing a Workers’ Compensation Claim

Employees typically have 90 days to notify their employer of a workplace injury beginning on the date of the incident. We recommend providing this notice in writing to a supervisor, human resources official, or another person with authority. An injured worker can also request medical treatment at the time of providing notice. The employer is then responsible for arranging medical care through their insurer’s approved providers and having their insurance carrier file a First Report of Injury.

If an employer refuses to provide workers’ compensation benefits, a New Brunswick lawyer can file a formal claim through the Division of Workers’ Compensation. This initiates an administrative legal process that includes hearings and appearances before a judge to determine an injured employee’s entitled benefits. New Jersey has a two-year statute of limitations for injured workers to pursue workers’ compensation benefits an employer previously denied begins on the date of injury or last payment of compensation.

Contact a New Brunswick Workers’ Compensation Attorney for Help

Disputes over workers’ compensation benefits are not uncommon, as employers and their insurers may look for any reason to deny or limit compensation. Our New Brunswick workers’ compensation lawyers are here to ensure you receive proper benefits under the law for injuries that occur because of your work. Schedule a free consultation with the Garces, Grabler, & LeBrocq today.