Protecting Your Rights As An Injured Worker

Every year, thousands of employees across New Jersey and in Morris, Bergen, and Somerset counties are injured in the offices, stores, warehouses, and construction sites where they work. Since 1911, New Jersey employers have been required by law to keep their premises safe for their workers. While they may be legally obligated to maintain a safe working environment, in practice this isn't always the case.

Smith & Gaynor, LLC, have been fighting for the rights of employees since 1996. Senior partner Robert A. Smith is a certified civil trial attorney, an accolade given to only 2% of active lawyers in the state, and he personally handles all workers' compensation claims. Smith & Gaynor, LLC, has the experience, tenacity and compassion to fight for your workmans' compensation.

What Are New Jersey Workers' Compensation Benefits?

Workers' compensation benefits are designed to protect employees and their families from injury sustained on the work site. These benefits include:

  • Full coverage of all reasonable and necessary medical treatment and related expenses
  • In most cases, payment of 70% of your average weekly wage while you are unable to work, up to a cap set by the state
  • Compensation for workers who suffer permanent disability because of their injuries
  • Compensation for the families of workers who died from a work-related illness or on-the-job injury

Do I Qualify For New Jersey Workers' Compensation?

Every corporation, partnership, LLC, and sole proprietorship in the state is required by the New Jersey Workers' Compensation Act to have some kind of workers' compensation insurance. Whether you work for a multinational mega corporation or a small business, your New Jersey employer is required to have workers' compensation.

This applies for both full-time and part-time employees. However, the rules regarding independent contractors are a little different. Even though independent contractors are not technically employees, they may still be eligible for workers' compensation claims depending whether:

  • The employer has authority over the worker including the right to supervise
  • The worker is financially reliant on the employer
  • The independent contractor's work is integral to the employer and their business

Do I Need A Workers' Compensation Attorney?

The New Jersey Department of Health reported that while more than $2 billion of workers' compensation benefits is paid out per year, the average worker received only $595. This is where an experienced workers' compensation attorney can help you.

Obtaining maximum benefits in a New Jersey workers' compensation case depends on both accuracy and timeliness. The claims process includes many documentation and timeline requirements, and a misfiling or missed date can lose you compensation you deserve.

An experienced lawyer's attention to detail can help prevent missing important deadlines and filings, and moreover can ensure that future benefits and entitlement are secured. As New Jersey limits what attorneys are allowed to charge on workers' compensation claims, you need not worry about high legal fees.

Reach Our Office Now For Help

In general, workers' compensation claims need to be brought as soon as possible after the incident in order to avoid penalties and receive maximum compensation.

If you or a loved one has been injured in your place of work, contact Smith & Gaynor, LLC, by sending us a message online or by calling our Morristown offices at 973-532-2661.

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