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Workers' Compensation
The workers’ compensation law of the State of New Jersey
provides each employee who has suffered a compensable accident
the following benefits:
- Temporary total disability benefits at 70% of your gross
average weekly wage for the twenty six weeks before your injury,
subject to a maximum amount established by the New Jersey
Department of Labor. Payment of temporary total disability
benefits continue until you are either able to return to work,
or have recovered to the point where you would not benefit
from further medical treatment.
- Reasonable and necessary medical treatment to cure and
relieve the effects of your injury or condition. The employer
retains the right to authorize the treating physician. Generally,
care of a palliative nature is not provided.
- Permanent and partial disability based upon a statutory
schedule for your particular injury. Benefits are paid depending
on the type and the amount of the disability over a period
of weeks. The more serious the disability, the more the amount
of weekly payments.
In order to determine the nature and extent of your permanent
disability, it will be necessary to schedule an appointment
to be examined by a physician experienced in evaluating injuries
in workers’ compensation matters. Your employer will
also schedule a corresponding evaluation as well. It may be
necessary to schedule more than one permanency evaluation
depending on the nature of your injuries.
After your permanency evaluations are complete, we will
discuss the expert opinions as well as an appropriate demand
and range of resolution for your case. If necessary, we will
proceed to trial. However, most workers’ compensation
claims are amicably resolved. Any resolution of your case
must be approved by a Judge of Workers’ Compensation.
Attorney’s fees will be paid as determined by a Judge
of Workers’ Compensation at the conclusion of your case.
No fees are allowed to be charged except as authorized by
the Judge of Workers’ Compensation. This fee is based
upon a maximum of twenty percent of the amount of money we,
as your attorneys, are able to obtain for you over and above
what has already been paid by your employer or its workers’
compensation carrier. Of the twenty percent fee, generally
sixty percent is payable by the insurance carrier. The balance
of the fee is payable by you and deducted from your share
of the recovery. There will also be an allocation for doctor’s
fees and testimony which are set by the Judge.
The normal time for the processing of a workers’ compensation
claim is six to eighteen months. If your case is contested,
then resolution may take a longer period of time. Most cases
are first listed for a pre-trial hearing and if it cannot
be amicably resolved, it is then placed on the trial calendar.
Note that the statute of limitations for workers’ compensation
matters is two years from the last payment of workers’
compensation benefits. Therefore, if you have received temporary
total disability benefit payments, your statute of limitations
will run two years from the date that you last received a
payment. If you are receiving medical treatment even after
temporary total disability benefits have stopped being paid,
then your statute of limitations will not expire until two
years after your last medical treatment. If you have not received
any temporary total disability benefits, then you will have
two years from the date of your accident in which to make
a claim for workers’ compensation benefits.
If you or a loved one is in need of legal assistance, call The Law Offices of Arpaia & Crivelli, LLC
at (609) 890-1900 or submit
an online questionnaire. The initial consultation is free of charge, and
if we agree to handle your case, we will work on a contingency fee basis, which
means we get paid for our services only if there is a monetary recovery of funds.
In many cases, a lawsuit must be filed before an applicable expiration date,
known as a statute of limitations. Please call right away to ensure that you
do not waive your right to possible compensation.
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