Perth Amboy Workers’ Compensation Lawyer
Workers’ compensation insurance exists for the benefit of injured employees by providing them with important financial support in their recovery. Unfortunately, the system is not always easy to navigate, and employers do not always have the best interest of workers in mind during the claim process. The counsel of a Perth Amboy workers’ compensation lawyer can be useful in asserting available rights as an injured employee and maximizing the recovery of entitled benefits. Learn more about workers’ comp benefits and common issues that could benefit from the advocacy of an experienced personal injury attorney at Garces, Grabler & LeBrocq.
Available Workers’ Compensation Benefits
Several types of workers’ compensation benefits may apply to a person depending on the nature of their injury and its impact on their life. Specifically, workers injured in Perth Amboy may be able to recover the following benefits with the help of an experienced workers’ compensation lawyer:
- Costs for necessary and reasonable medical care
- Temporary total disability payments for injuries that last at least seven days and prevent a person from working
- Permanent disability payments for partial or total loss
- Death benefits to a worker’s surviving dependents
Employees can notify their employers about a workplace incident that causes injury and request to file a workers’ compensation claim. Reporting the injury must be done within 90 days of the incident and places the burden on the employer to initiate the claim process through their insurer or third-party administrator. Injured employees can immediately request medical treatment through the employer’s chosen providers and seek available benefits for temporary disability. Once a worker reaches maximum medical improvement, the employer may need to provide permanent disability payments based on a worker’s condition.
Disputing Adverse Workers’ Compensation Claim Decisions with the Help of an Experienced Lawyer
Workers’ compensation claims can be costly for employers and their insurers, which often leads to disputes over coverage. Most denials of workers’ compensation benefits happen for one of two reasons. The first is that an employer’s insurer denies coverage of the injury altogether. The insurer may claim the injured worker was an independent contractor and not a covered employee or that an exception applies that prevents coverage. Workers’ compensation does not generally cover injuries that happen outside the course of employment or that happen because of the injured worker’s fault. For example, injuries that arise at the workplace because an employee was under the influence of drugs or alcohol or that happen from self-harm.
An employer’s insurer may also deny or limit benefits provided under a claim because of a dispute over necessary medical treatment or its impact on a person’s ability to work. A Perth Amboy lawyer could file informal and formal claims against an employer for improperly denied workers’ compensation claims. These claims go to hearings before judges and resolution conferences with the interested parties to argue for the recovery of unpaid benefits. The deadline to file a formal claim for unpaid workers’ compensation benefits is two years under the New Jersey statute of limitations. The period begins to run on the date of injury or the date of the last paid benefit, which includes covered medical treatment.
Meet with a Perth Amboy Workers’ Comp Attorney
Consider a consultation with our Perth Amboy workers’ compensation lawyers if you have concerns about the progress of a claim. A lack of communication from an employer, notice of a denied claim, or questions about the amount of benefits are all reasons to discuss your legal options. Schedule a meeting with our office today.