®Lodi Workers' Compensation Lawyer
Injured in Jersey? Peter's Got Your Back!
Getting hurt at work can leave you in pain, unable to earn a paycheck and afraid of losing your job. At The Law Offices of Peter N. Davis & Associates, LLC, our Lodi workers' compensation lawyer helps injured workers get the medical care and wage benefits New Jersey law promises them.
24/7 Service Available
Right now, you may be relying on your employer and its insurance carrier to do the right thing. Too often, they delay treatment, question your injury or push you back to work before your body is ready.
Waiting can cost you. A missed notice or filing deadline can put your benefits at risk, and every week without a check makes it harder to pay rent and bills.
Peter N. Davis is a Lodi personal injury lawyer and former insurance defense attorney, so he knows how carriers decide which claims to fight. Our firm has recovered over $1 billion for injured people in over 37 years.
Call (973) 279-7246 or contact us online for a free consultation about your work injury.
Are you covered by New Jersey workers' compensation?
New Jersey workers’ compensation is a no-fault system, so you do not have to prove anyone was careless. Instead, our team works to show these elements are present:
- You were an employee: Most workers are covered, including part-time and seasonal staff. If your employer calls you an independent contractor, we look at how much control it had over your work, since misclassification is common.
- The injury arose out of and in the course of your job: The harm must be connected to your work duties or work conditions. This includes sudden accidents and illnesses that develop over time.
- Your employer received notice: You must tell your employer about the injury within the time limits set by law. We cover those limits in the deadlines section below.
- Medical evidence links the injury to your work: Records from authorized doctors, and our own medical experts when needed, tie your condition to your job.
- Your claim is filed on time: A formal claim petition generally must be filed within 2 years. Waiting until the last minute makes your case harder to prove.
Fault does not matter in a New Jersey workers’ comp claim. Even if your own mistake led to the accident, you can usually still collect benefits.
There are narrow exceptions under N.J.S.A. 34:15-7, such as injuries caused by intoxication, illegal drug use or a willful refusal to use required safety equipment. Your employer has to prove these defenses.
Hypothetical scenario: A warehouse worker slips on a loading dock floor he forgot to dry earlier in his shift and tears a ligament in his knee. Because comp is no-fault, his own mistake does not stop him from receiving medical care and wage benefits.
Benefits available through workers' compensation
New Jersey provides several types of benefits to injured workers. The Division of Workers’ Compensation describes each one on its benefits for injured workers page.
- Medical treatment coverage: The employer’s insurance carrier pays for necessary and reasonable treatment, prescriptions and hospital care related to the injury. You should not receive a bill for authorized care.
- Temporary total disability: If your doctor keeps you out of work for more than 7 days, you can receive weekly checks while you recover. These benefits usually end when you return to work or reach maximum medical improvement.
- Permanent partial disability: If you are left with a lasting impairment, you may receive weekly payments based on the body part and how much function you lost. These payments begin after temporary benefits end.
- Permanent total disability: If your injury keeps you from doing any gainful work, weekly benefits are paid, initially for 450 weeks. In some cases, they can continue beyond that.
- Dependency and death benefits: When a worker dies from a job injury, eligible dependents receive weekly payments. The carrier also pays funeral costs up to a limit set by law.
- Vocational help: New Jersey’s comp system does not include a separate retraining benefit like some states offer. If you cannot return to your old job, we can point you to the state’s Division of Vocational Rehabilitation Services.
Workers’ comp does not pay for pain and suffering. In exchange, benefits are guaranteed once a claim is accepted, even when no one was at fault.
If someone other than your employer caused your injury, such as a driver who hit your work van, an equipment maker or a subcontractor, we may file a separate third-party claim. That claim can include pain and suffering and the full value of your lost wages.
Additional reading: The difference between a personal injury and work injury claim
How much workers’ comp pays each week
Most wage benefits in New Jersey equal 70% of your average weekly wage, within a state maximum and minimum. The Division posts those limits for each year on its rates and statistics page, and the rates in effect on your injury date apply to your claim.
Permanent partial awards work differently. They depend on the body part and the percentage of lost function, so two workers with the same wage can receive very different awards.
| Benefit type | What it covers |
|---|---|
| Medical treatment | Authorized doctor visits, surgery, therapy, prescriptions and hospital care |
| Temporary total disability | 70% of your average weekly wage while you cannot work and are under active care |
| Permanent partial disability | Weekly payments based on the body part and the degree of lasting impairment |
| Permanent total disability | Weekly payments when you can no longer do any gainful work |
| Dependency and death benefits | Weekly payments to eligible dependents, plus funeral costs up to a set limit |
This table shows how benefits work, not what your case is worth. We review your wage records and medical reports to make sure every payment is calculated correctly.
Our Lodi workers' compensation lawyer is a call away
We answer calls 24/7, and you can reach us in the way that works best for you:
- Phone: Call (973) 279-7246 any time, day or night.
- Online: Send us your details through our contact page.
- In person: Visit our Lodi office at 72 Essex Street, Suite 2, Lodi, NJ 07644.
Your first consultation is free, so reach out today to talk with our Lodi workers’ comp attorney.
Peter N. Davis
Founder & Personal Injury Attorney
Peter N. Davis has spent over 37 years representing injured people across New Jersey. Before starting his firm, he worked in insurance defense, giving him firsthand insight into how insurers evaluate and fight claims. He is licensed in New Jersey, New York, and Colorado and earned his J.D. from Golden Gate University School of Law.
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What Our Clients Are Saying About Us!
Real Clients and Real Reviews
I had a very positive experience with the Law Offices of Peter N. Davis & Associates. Nick Barrone handled my case, and I couldn’t be happier with the level of service I received. After my auto accident in Jersey City, NJ, I was dealing with ongoing back and neck pain and wasn’t sure what to expect from the legal process. Nick was professional, attentive, and always made sure I understood each step along the way. He took the time to answer my questions and genuinely cared about my situation. I felt supported throughout the entire process, which made a stressful situation much easier to handle. The firm worked diligently on my behalf and kept me informed the whole time. I truly appreciate their dedication and effort in helping me through this difficult experience. I highly recommend them to anyone in need of a reliable and compassionate attorney.
I highly recommend Peter Davis & Associates. In particular, Mr. David Ventoso, Esq. did an excellent job helping and assisting me. Mr. Ventoso was knowledgeable, professional and responsive.
All the staff members at the firm took the time to explain every detail and step of the process; they answered all my questions and were always kind. Special thanks to Ms. Carolyn for doing an amazing job.
If you're looking for an attorney in NJ who is trustworthy and really cares, Peter Davis & Associates is an excellent choice.
I highly recommend the Law Offices of Peter N. Davis.
After I was rear-ended in a car accident and suffered injuries to my neck and back, they provided outstanding representation during a very difficult time in my life.
My attorney, Robert Russotti, and my case manager, Muminah Ramadan, were professional, compassionate, and attentive throughout the entire process. They helped me obtain the medical treatment I needed and were always available to answer my questions and address any concerns I had. Their diligence, communication, and dedication gave me peace of mind while I focused on my recovery.
I am truly grateful for the support and guidance they provided during my hardship. I would not hesitate to recommend the Law Offices of Peter N. Davis to my family and friends.
Thank you so much for your help.
I want to especially thank David Ventoso for always informing me what was going on with my case. He kept up with all my questions and answered every time I called him.
Awesome staff also
Thank you again
Angela Selby
I had a great experience working with David Ventoso at the Law Offices of Peter N. Davis after my motor vehicle accident. I suffered injuries to my knee and lower back, and Mr. Ventoso along with Carolyn guided me through the entire process from start to finish.
They were always responsive to my questions and concerns, kept me informed, and made everything as stress-free as possible. They also referred me to receive the medical treatment I needed, which made a huge difference during my recovery.
Thanks to their hard work and dedication, I was very pleased with my compensation. I highly recommend this law firm to any friends or family in need of a personal injury attorney.
Your local workers' comp law firm on Essex Street
Our office is right here on Essex Street, and we have served over 18,000 clients. We know how comp claims from Lodi move through the Bergen County system, from the first report to the final hearing.
Attorney Peter N. Davis worked in insurance defense before founding our firm. He uses that inside knowledge to push back when carriers delay or deny benefits.
Peter is licensed in New Jersey, New York and Colorado, and he is an NFLPA Certified Contract Advisor. Over more than 37 years, our firm has recovered over $1 billion for injured people.
We stay with you through recovery, not just through the paperwork. Our team answers calls 24/7, keeps you updated and treats your claim like our most important case.
We also give back to the community we serve. We partner with Seton Hall Athletics, the Brooklyn Cyclones, the New Jersey Devils and the Prudential Center, support Bucket City Basketball in Garfield, and run the Rise Above Scholarship for students.
Every claim is different, and you can review outcomes we have reached for other injured clients on our case results page.
Our promise stays the same: “Injured in Jersey? Peter’s Got Your Back!”
How our Lodi workers' compensation law firm gets your benefits moving
As a New Jersey workers’ compensation lawyer team with deep roots in Lodi, we take on the parts of your claim that cause the most stress. Here is how we help:
- Filing and managing your claim: We file your claim petition with the Division of Workers’ Compensation and track every deadline. You will not have to fill out legal forms alone.
- Getting treatment approved: When the carrier refuses or delays care, we press for authorization. If that fails, we ask a judge to order it.
- Appealing denied benefits: We challenge denials before a judge of compensation. If needed, we take the case to the Appellate Division.
- Handling retaliation: If you are fired or punished for filing a claim, we pursue your job back and your lost wages.
- Calculating permanent disability: We arrange an independent medical evaluation to rate your lasting impairment. The carrier’s doctor often rates it lower.
- Representing you at hearings: We appear with you at every hearing and prepare you for any testimony.
- Reviewing settlement offers: We explain how each type of settlement affects your future rights before you agree to anything.
- Pursuing third-party claims: If a driver, contractor or equipment maker caused your injury, we file a separate injury claim. We also handle the carrier’s lien so you keep as much as the law allows.
Additional reading: Work injury liability: who can you sue?
Workers' comp myths Lodi employees hear on the job
Many Lodi workers hear advice from coworkers or supervisors that is simply wrong. Here are common myths we hear and the facts under New Jersey law:
| Myth | Fact |
|---|---|
| “I can’t file a claim if the injury was my fault.” | New Jersey comp is no-fault. Unless intoxication, drug use or a willful refusal of required safety gear caused the injury, your own mistake does not bar benefits. |
| “My employer can fire me for filing.” | N.J.S.A. 34:15-39.1 makes it unlawful to fire or discriminate against you for claiming benefits. Remedies can include getting your job back and lost wages. |
| “Workers’ comp covers all my losses.” | Comp pays for medical care and part of your wages, but not pain and suffering. A third-party claim may cover more. |
| “I can see any doctor I want and send the bill to my boss.” | In New Jersey, the employer or its carrier chooses the authorized treating doctor. Unauthorized care may not be paid unless the carrier refused treatment or it was an emergency. |
| “If I get hurt driving to work on Route 46, comp will cover it.” | New Jersey’s premises rule generally excludes your regular commute. Coverage usually starts when you arrive at work, or when you travel on your employer’s business. |
| “I have to accept the carrier’s disability rating.” | The carrier’s doctor is not the final word. A judge of compensation decides permanency, and we can present our own medical evidence. |
Your first days after a workplace injury
The steps you take in the first days and weeks can protect both your health and your benefits. We have grouped them by timing.
Immediate actions
- Get emergency care if needed: Call 911 for serious injuries. In an emergency, get care right away and sort out authorized doctors later.
- Report the injury to your supervisor: Tell a supervisor or anyone in authority as soon as possible. Notice does not have to be in writing, but a text or email creates a record.
- Write down what happened: Note the date, time, place and names of witnesses. Take photos of the area and any equipment involved.
Short-term actions
- Ask for authorized treatment: Ask your employer or the carrier for the name of the authorized treating doctor. Keep a copy of every referral and appointment.
- Follow work restrictions: Do only what your doctor allows, at work and at home. Ignoring restrictions can slow your recovery and hurt your claim.
- Avoid recorded statements without advice: Adjusters may ask for a recorded statement early. Talk to us first so your words are not taken out of context.
Follow-up actions
- Track missed time and payments: Keep a log of the days you miss and every check you receive. Late or short checks are common.
- Keep a recovery journal: Write down your pain, your limits and how the injury affects daily life. This helps doctors and the judge see the full picture.
- Contact our workers’ compensation lawyer: We can file your claim petition, protect your deadlines and push for the care you need.
Call (973) 279-7246 or contact us before you give the carrier a recorded statement.
Insurance company and employer tactics to watch for
Based on our experience, carriers and some employers use the same moves again and again to limit what they pay. These tactics are much harder to fight on your own, but we know how to answer each one:
- Claim denial or delay: Some carriers deny a claim outright or sit on it for weeks. The Division notes that an unreasonable delay can cost the carrier an extra 25% plus legal fees, and a delay of 30 days or more is presumed unreasonable.
- Pressure to return to work early: You may be cleared for light duty before your body is ready. We review the doctor’s findings and challenge clearances that do not match your condition.
- Disputing injury severity: Carriers often say your injury is minor or caused by an old condition. We gather records showing how your work caused or worsened it.
- Choosing doctors who cut care short: Because the carrier picks the treating doctor, early discharge from care is common. We can ask a judge to order more treatment.
- Independent medical exams: The carrier may send you to its own doctor for an exam. That report can lower your disability rating, so we answer it with our own expert.
- Surveillance and social media checks: Investigators may film you or review your posts. One photo taken out of context can be used to cut your benefits.
- Misclassification as an independent contractor: Some employers label workers as contractors to avoid paying comp. We look at how you were actually treated on the job.
- Low permanency offers: The first offer often reflects the lowest possible rating. We compare it with the medical evidence before you agree to anything.
Additional reading: Why you need a workers’ comp attorney after a medical exam for an on-the-job injury
What if your claim is denied?
A denial is not the end of your claim. Carriers often deny claims by saying the injury did not happen at work, notice came too late, you were not an employee or an old condition is to blame.
You have the right to file a formal claim petition with the Division of Workers’ Compensation. Claims from Lodi and the rest of Bergen County are heard at the Hackensack Workers’ Compensation Court at 60 State Street.
The first hearing is typically held within about six months of filing. Most cases settle by agreement, but if yours does not, a judge of compensation decides it after a trial.
If the judge’s final decision is wrong, you may appeal to the Appellate Division of the Superior Court. Appeals have strict time limits, so we act quickly.
An informal hearing is another option for some disputes. The judge’s suggestions there are not binding, and the 2-year filing deadline keeps running while you wait.
Hypothetical scenario: A restaurant cook develops severe wrist pain after years of chopping and lifting heavy pots. The carrier denies the claim as a non-work condition, so the cook files a claim petition supported by a hand specialist’s report and asks a judge to order treatment.
Facing a hearing alone means going up against a carrier with its own lawyers. Having us beside you levels the playing field.
Deadlines for filing a workers' compensation claim
New Jersey sets several deadlines, and missing one can cost you benefits. Here are the key time limits:
- Reporting to your employer: Under N.J.S.A. 34:15-17, notice within 14 days is safest. If your employer gets no notice or knowledge within 90 days, benefits are generally barred.
- Filing a claim petition: Under N.J.S.A. 34:15-51, you generally have 2 years from the date of injury or 2 years from the last payment of compensation, whichever is later. Authorized medical treatment counts as a payment.
- Occupational disease claims: Under N.J.S.A. 34:15-34, the 2 years generally start when you first knew the nature of your condition and its link to your job. This covers conditions like hearing loss, lead poisoning and asbestos disease.
- Reopening a claim: Under N.J.S.A. 34:15-27, an award or order approving settlement can be reviewed if your condition gets worse. You must apply within 2 years of your last payment.
- Appeals: An appeal of a judge’s final decision to the Appellate Division generally must be filed within 45 days.
These rules have exceptions, and the details matter. Contact our team as soon as possible so we can protect your deadlines.
Gathering evidence for a workers' compensation claim
Strong evidence leads to faster approval and fairer awards. Start gathering these items as soon as you can:
- Incident reports: Ask for a copy of any report your employer filed. It shows the date, the place and how the injury was described.
- Medical records: Records from the ER, authorized doctors and therapists link your injury to your job. They also show your work restrictions.
- Employer communications: Save texts, emails and letters about your injury, schedule or light duty. These can prove notice and show pressure to return early.
- Witness statements: Coworkers who saw the accident can confirm what happened. Get their names and phone numbers early.
- Job duty descriptions: A written job description shows the lifting, repetition or exposure your work required. This matters most for injuries that develop over time.
- Wage records: Pay stubs and W-2s help confirm your average weekly wage. That number sets your benefit rate.
- Photos and video: Pictures of the hazard, the equipment or your injuries support your account. Security footage is often erased quickly, so we ask for it early.
- Benefit payment records: Keep every check stub and letter from the carrier. Gaps and short payments become part of your claim.
- Safety records: Injury logs and earlier complaints about the same hazard can help. They matter most in a third-party claim.
Collecting all of this while you are in pain is a heavy burden. Let us do the hard work so you can focus on getting better.
What a workers' comp lawyer costs in New Jersey
You pay nothing upfront. Under New Jersey law, a workers’ comp lawyer cannot charge you a fee in advance.
Instead, fees are set by the judge of compensation, and only if you receive an award. Under N.J.S.A. 34:15-64, the fee cannot exceed 25% of the judgment, and part of it is often paid by the employer’s carrier.
The judge must approve the fee before it is paid. That keeps the cost fair and means we only get paid when you do.
Who pays your medical bills and lost wages during a claim
The employer’s insurance carrier, or the employer if it is self-insured, must pay for authorized medical care related to your injury. Bills from the carrier’s chosen doctors should go to the carrier, not to you.
Problems start when the carrier disputes the claim or refuses care. If you see your own doctor without authorization, you may owe that bill unless it was an emergency or the carrier refused treatment.
In those cases, your private health insurance may pay for some care while the dispute is pending. Your health plan may later seek repayment from any comp award, and we work to resolve those liens.
If your employer has no comp insurance, the state’s Uninsured Employers Fund may pay medical bills and temporary disability benefits. It does not pay permanent disability.
We can also ask a judge to order the carrier to pay for treatment and missed wages. A motion for medical and temporary benefits gets a first hearing within 30 days of filing.
Additional reading: What options are available if your employer doesn’t carry workers’ compensation insurance
From injury report to award: how we handle your claim
Here is how we move your claim from your first call to a final result:
- Free consultation: We listen to what happened and review your paperwork. There is no cost and no obligation.
- Claim review and filing: We confirm notice was given and file your claim petition with the Division. We also check whether a third-party claim exists.
- Medical coordination: We push the carrier to authorize treatment with qualified specialists. If care is refused, we file a motion asking a judge to order it.
- Benefit calculation: We check your average weekly wage and every temporary disability check. If you are underpaid, we demand the difference.
- Permanency evaluation: When treatment ends, the carrier’s doctor and our own doctor each rate your lasting disability. These reports shape settlement talks.
- Negotiation with the carrier: We push for a fair permanency award based on the medical evidence. You approve any offer before it is final.
- Hearings and trial: If we cannot reach an agreement, we present your case to a judge of compensation in Hackensack. We prepare you for any testimony.
- Settlement approval: Most cases end with an order approving settlement, which keeps your right to reopen if your condition worsens. A Section 20 lump-sum settlement closes the claim for good, so we explain the trade-offs first.
- Appeals if needed: If the judge’s decision is wrong on the law or the facts, we can appeal to the Appellate Division.
- Third-party claim: If another party caused your injury, we pursue that claim alongside your comp case. We also negotiate the carrier’s lien on that recovery.
Call (973) 279-7246 or book your free consultation to start the process.
General information on workers' compensation in New Jersey
Work injuries happen in every industry around Lodi, from warehouses and factories to restaurants, stores and construction sites. The sections below cover common problems and the types of injuries that may qualify.
Mistakes in filing a claim
The most common mistake is waiting too long to report the injury or file a claim petition. Others include seeing an unauthorized doctor, missing appointments and giving a recorded statement that downplays the injury.
Some workers also accept the first permanency offer without a second medical opinion. Once a Section 20 settlement is approved, it cannot be reopened.
Complications in the workers’ compensation process
Claims get harder when an old injury is involved, when the carrier disputes how the injury happened, or when you work more than one job. Disputes over light duty and when treatment should end are also common.
If you are totally disabled and part of that comes from an earlier condition, the state’s Second Injury Fund may pay part of your benefits. These cases require careful medical proof.
Employer violations
Federal law requires employers to provide a workplace free of serious recognized hazards. Under OSHA reporting rules, employers must report a work-related death within 8 hours and an in-patient hospitalization, amputation or eye loss within 24 hours.
Employers must also train workers in a language they understand, provide safe tools and keep injury records if they have more than 10 employees. In New Jersey, federal OSHA covers private employers, while the state’s PEOSH program covers public employees.
A safety violation does not change your comp benefits, since the system is no-fault. In rare cases, an employer’s intentional wrong can allow a lawsuit outside the comp system under N.J.S.A. 34:15-8.
Additional reading: What to do if you’ve been injured due to unsafe working conditions
Transportation and roadway incidents
Work-related crashes are among the most serious workplace injuries. Delivery drivers, sales staff and contractors who drive on Route 46, Route 17 and the Garden State Parkway near Lodi face these risks every day.
Under the premises rule in N.J.S.A. 34:15-36, your normal commute is usually not covered. A crash is usually covered when you are driving on your employer’s business or using an authorized work vehicle.
Hypothetical scenario: A delivery driver for a local supply company is rear-ended on Route 46 while making his afternoon stops. He receives comp benefits for his neck injury, and he also brings a separate claim against the at-fault driver for pain and suffering.
Workplace violence
Assaults by customers, patients or coworkers can cause physical and emotional injuries. Retail, healthcare and late-night service workers face higher risks.
When an assault is connected to your job, comp may cover your medical care and lost wages. If a property owner failed to provide reasonable security, a third-party claim may also be possible.
Repetitive motion injuries
Not every work injury happens in one moment. Typing, lifting, assembly work and tool use can slowly damage tendons, nerves and joints.
These claims are often disputed because there is no single accident. We use job descriptions and medical opinions to connect your condition to your work.
How your employer may challenge your claim
Employers and carriers may argue that the injury happened outside work, that you missed the notice deadline, or that an old condition caused your symptoms. They may also claim you were an independent contractor or were intoxicated.
Each defense has an answer, and the right evidence can defeat it. We prepare for these arguments from the first day.
Types of accidents and injuries that may qualify for workers’ compensation
Almost any injury or illness connected to your job can qualify. Common examples include:
- Back and spine injuries: Lifting, twisting and falls can cause herniated discs and fractures. These injuries often lead to long treatment and permanency awards.
- Broken bones: Falls, crush injuries and equipment accidents can break bones. Some fractures need surgery and leave lasting limits.
- Carpal tunnel syndrome: Repeated hand and wrist motion can compress the median nerve. Office, assembly and food service workers are often affected.
- Head injuries: Falling objects, slips and vehicle crashes can cause concussions and brain injuries. Symptoms may appear hours or days later.
- Repetitive stress injuries: Tendinitis and bursitis can develop from the same motion over time. These may be treated as occupational claims with their own deadline rules.
- Shoulder injuries: Overhead work and heavy lifting can tear the rotator cuff. Surgery and long therapy are common.
- Slip and fall injuries: Wet floors, cluttered aisles and icy parking lots cause many work injuries. Falls from ladders and scaffolds are often more severe.
- Workplace burn injuries: Kitchens, factories and electrical work expose workers to burns. Electrical injuries can also harm the heart and nerves.
- Occupational diseases: Exposure to chemicals, dust, asbestos or loud noise can cause illness over years. The filing deadline starts when you learn the condition is work-related.
- Cumulative trauma claims: Some injuries result from years of physical strain on the same body part. These claims require a detailed work history and strong medical proof.
- Mental and psychological conditions: Anxiety, depression or PTSD can be covered when tied to a physical work injury or a specific work event. Stress-only claims face a higher burden of proof in New Jersey.
- Exposure injuries: Breathing fumes or touching toxic substances can cause lung and skin damage. Workers in cleaning, manufacturing and auto repair face these risks.
Additional reading: What injuries are eligible for workers’ compensation benefits?
No Fee Unless You Win
Learn more about our firm or read about our case wins and community work in our press releases.
No fee unless you win
Learn more about our firm or read about our case wins and community work in our press releases.
Ask a Lodi workers' compensation lawyer about your benefits
You did not plan to get hurt at work, but you can choose who fights for your benefits now. Call (973) 279-7246 any time, or send us a message online.
Talk to our Lodi workers’ compensation lawyer today for a free, no-obligation consultation.
No Fee Unless You Win
Call us 24/7 at (973) 310-6678 or contact us online for your free case review.
No fee unless you win
Call us 24/7 at (973) 310-6678 or contact us online for your free case review.
Lodi Office
Ask a Question,
Describe Your Situation,
Request A Free Case Review
Fill out the form below or feel free to call us at (973) 279-7246(973) 279-7246
Required Fields*
Your Information Is Safe With Us
We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
Frequently Asked Questions
Can I collect workers' comp and Social Security Disability at the same time?
Yes, you can receive both, but Social Security may reduce your disability check if the combined payments exceed 80% of your average earnings before you became disabled. We review how a comp settlement is worded so it does not shrink your Social Security benefits more than necessary.
Are workers' compensation benefits taxable?
In most cases, no, because benefits paid under a state workers’ compensation law for a job injury or illness are generally not taxable on your federal return. However, part of your benefits may be taxed if Social Security reduces your disability payments because of them, so ask a tax professional.
I worked through a staffing agency, so who pays my claim?
Usually, the staffing agency’s workers’ comp insurance pays your benefits because the agency is your direct employer. The company where you were placed may also be treated as your employer under New Jersey law, which can limit lawsuits against it, so we review both relationships closely.
Am I covered if I was hurt at a company picnic or holiday party?
Often not, because New Jersey law excludes injuries caused by recreational or social activities unless the activity is a regular part of the job and benefits the employer beyond boosting health and morale. A mandatory event, or one where you were working, may still qualify, so we review the facts.
Can I still file a claim if I quit or was fired after my injury?
Yes, because leaving your job does not erase your right to benefits for an injury that happened while you worked there. Your claim still depends on notice, medical proof and the 2-year filing deadline, so talk with us soon after leaving, even if you have already found new work.