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Workers’ Comp

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Workers’ compensation is a state-mandated insurance program designed to provide financial benefits to workers who suffer an injury or illness as a result of their job. Most employees in New Jersey are covered under the workers’ compensation system, as the majority of businesses are required to have workers’ comp insurance.

If you’re dealing with injuries or an occupational illness that was directly caused by your job, you’re likely entitled to benefits. Our Paterson workers’ comp lawyers at Peter N. Davis & Associates have been representing injured workers and their families in Clifton, Passaic, Newark, and surrounding New Jersey communities for years. After a workplace accident, you have rights. Let us help ensure those rights are upheld. Contact us today so we can review your claim!

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Getting Help Is Easy

We strive to make getting help from our law firm as easy as possible. All you have to do is call us and we’ll start reviewing your claim!

You Deserve Compensation

You work hard for your employer. If you’ve been hurt as a result of this work, you deserve to be paid. Our experienced attorneys will fight for every dollar you’re owed so you can focus on your recovery.

No Fees Unless We Win

Don’t think you can afford an attorney? You can! Our office works on a contingency-fee basis, meaning we don’t get paid unless we win money for your case.

This Isn’t Easy, But Getting Help Is.

Suffering a work-related injury or illness can be a traumatic experience. With lost wages, piling medical bills, and intense physical pain, many of our clients worry about how they’re going to continue providing for their families. We want you to know that you don’t have to face this difficult time alone.

At The Law Offices of Peter N. Davis and Associates, our attorneys know how complex the workers’ comp system can be, especially when you’re trying to recover from a serious injury or illness. That’s why we make getting help as easy as possible. Your only job is to call us and focus on getting better. If you have a valid claim, our Paterson workers’ comp lawyers will take it from there.

Hurt on the Job?

We’re here to help you through every step of filing for workers’ comp benefits. Call us to get started today!

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Types of Workers’ Compensation Benefits

After a workplace accident, understanding what you’re entitled to under workers’ compensation can be confusing. While the exact amount of compensation you’re owed will depend on the circumstances of your case, the Paterson workers’ compensation system generally covers:

Workers’ comp benefits typically cover any medical bills necessary for the treatment or diagnosis of your injury or illness. This can include visits to the doctor, medications, surgeries, and any required equipment, such as a wheelchair.

Workers’ compensation can also provide disability benefits if your injury or illness causes you to miss time from work. These benefits are intended to cover a portion of your lost wages. Depending on the severity of your injuries, you may be entitled to one of the following types of disability benefits:

  • Temporary Total Disability
    If your condition forces you to miss more than seven days from work, you should be eligible to receive temporary total disability benefits at a rate of 70% of your average weekly wage, not to exceed the limit set by the state. These benefits are provided while you’re unable to work and receiving active medical care. Typically, temporary total benefits end once you return to work or your doctor determines you’ve reached maximum medical improvement.
  • Permanent Partial Disability
    If you suffer a permanent injury or illness that partially hinders your ability to work, you may be eligible to receive permanent partial disability benefits. These benefits are paid weekly and based on a percentage of certain “scheduled” and “non-scheduled” losses.
  • Permanent Total Disability
    If your work injury or illness permanently prevents you from returning to any type of gainful employment, you may be entitled to receive permanent total disability benefits. These benefits are paid weekly for an initial period of 450 weeks. If you’re still unable to earn wages because of your disability after this period, your benefits may continue.

Should the unthinkable happen and your loved one dies as a result of their work-related injury or illness, workers’ compensation may provide death benefits. These benefits are available for a surviving spouse, children, and other related individuals who were financially dependent upon the deceased worker.

Filing a Workers’ Comp Claim in Paterson

This is the start of your workers’ comp claim. From there, your employer’s insurance carrier will evaluate your claim and determine if you’re entitled to benefits under the law.

It’s vital to report your injury/illness immediately to your employer. Any delays can cause the insurance company to believe your injury wasn’t work-related.

You should notify your employer as soon as possible after a workplace injury or being diagnosed with an occupational disease. It is then your employer’s responsibility to report your injury/illness to their insurance carrier so that a First Report of Injury can be filed with the state.

In addition to notifying your employer, you should seek medical attention for your work-related injury or illness as soon as possible. Under New Jersey workers’ comp law, your employer and/or their insurance carrier has the right to select your physician(s) to treat your work-related injury/illness.

If you have any questions or concerns about filing your workers’ comp claim, please don’t hesitate to contact our legal team. From gathering the right paperwork to speaking with the insurance company, we can help make the complex process much smoother for you and your family.

Why Was My Claim Denied?

Your claim may be denied for a variety of reasons. Employers and insurance companies regularly look for ways to escape liability and avoid paying for injured workers’ claims.

Two of the most common reasons for denials are missed deadlines and disputes over whether an injury/illness is work-related or pre-existing. This is why it’s so important to document every detail of your accident, including the time, place, the nature of your injuries, and the accounts of any witnesses.

Frequently Asked Questions

In the state of New Jersey, your employer’s workers’ comp insurance company has the right to pick your health care provider after you’ve suffered an injury on the job. As a general rule, the insurer must approve all treatment you’ll receive. However, New Jersey law does allow you to seek necessary medical care from any doctor—and get reimbursed for the cost—in certain limited situations.

If there is a dispute between you and your employer and/or the insurance carrier, you may file a formal Claim Petition or an Application for an Informal Hearing with the Division of Workers’ Compensation.

Claims tend to be disputed if there are questions about whether the injury/illness was work-related, the medical treatment required, or missed deadlines. If your claim was rejected, we highly recommend consulting our office for help.

Most likely. New Jersey law requires all employers, not covered by Federal programs, to have workers’ compensation coverage or be approved for self-insurance.

While a lawyer isn’t required to receive workers’ compensation benefits, it can be incredibly beneficial. In some cases, insurance companies refuse to pay injured employees the benefits they deserve. If you have suffered a work-related illness or injury and are having trouble obtaining benefits, our attorneys are here for you. We’ve helped countless injured workers in Paterson and surrounding communities receive the benefits they deserve!