Frequently Asked Questions

Who Qualifies for Worker's Compensation Benefits?

Every worker who works for wages, even if they are not documented citizens.  However, if you are considered an independent contractor rather than an employee, you are not covered.



What Is Worker's Compensation?

It is a system created by the NJ Legislature to provide medical care, temporary disability payments, and a monetary award for permanency due to an injury or occupational disease that occurs while you are working.



What Worker's Compensation Benefits Are You Entitled To?
Medical treatment (including hospitalization)
 
Temporary pay is paid to you weekly if you are out of work for more than 7 calendar days due to the injury. Temporary pay becomes payable with the first day lost and is 70 percent of your gross weekly wages up to a maximum established yearly.
 
Permanency Benefits  are paid to you when a job-related injury or illness results in a permanent partial (or total) disability
 
Death benefits are paid when an injury results in death and are payable to the dependents of the worker, which is 70 percent of the deceased worker's wages, up to a maximum  established yearly.


What Do You Do If You Are Hurt At Work?
You must notify your employer as soon as possible.  
 
You can notify your supervisor, foreman, manager, or anyone in authority at your job. It does not have to be in writing, but notification should be no later than 90 days after the date of the injury.
 
 
You must request medical treatment as soon as possible.
 
All medical care should be provided by the employer or the employer's insurance company. The employer has the right to choose the treating physicians.
 
You must contact an attorney.
 
An attorney can advise you of ALL of your rights and will file a Claim Petition for you. An attorney will make sure you get ALL of the benefits you are entitled to. Your attorney must file a Claim Petition within two (2) years (of the date of the injury, or from the date of the last payment of compensation or authorized medical treatment, whichever is later)
 


IMPORTANT FAQS
  • You don't have to prove that the accident or injury was anyone's 'fault'. The fact that an accident happened at work when  you were doing your job, entitles you to Worker's Compensation Benefits.
  • It is against the law to be fired or discriminated against because you get hurt at work and file a worker's compensation case.
  • Even if you are not a citizen of the United States (and even if you do not have a social security number) you may file a claim for Worker's Compensation Benefits.
  • No Attorney fees or costs are ever payable 'up front'  
  • If your employer refuses to provide medical treatment or temporary pay, your Attorney can file a Motion to require your employer to provide these benefits


What Does Your Attorney Need In Order to File Your Worker's Compensation Claim?
  • Name, address and Social Security Number (if you don't have a social security number, that's okay)
  • Employers name and address
  • Date and location of the accident and how the accident occurred
  • Your job description
  • Your date of birth
  • The date you told your employer of your injury, and the name of the person you spoke to
  • A copy of your pay stub


What are the symptoms of a Back Injury?
  • Persistent aching or stiffness
  • Ache in lower back when sitting or standing for long period of time
  • Sudden sharp pain in one area in your back
  • Numbness, tingling, or weakness in the arms or legs
 


What are the symptoms of Neck injury?
  • Persistent headaches
  • Interrupted sleep due to pain
  • Stiffness of neck and shoulders (worse in the morning)
  • Pain or swelling in the neck or shoulders


What are the symptoms of Knee injury?
  • Popping or snapping noise in or near the knee
  • Feeling like your knee is going to give out when walking, running, jumping or turning
  • Severe joint pain in the knee or behind the knee
  • Pain or difficulty bending the knee
  • Limping due to knee pain
  • Swelling in or around the knee


What are the symptoms of Shoulder injury?
  • Pain and stiffness in or around the shoulder
  • Limited ability to move the shoulder
  • Difficulty or inability reaching overhead
  • Shoulder pain that interferes with sleep
  • Popping or grinding of the shoulder


What are the symptoms of Hip injury?
  • Pain in hip, groin, or buttock area
  • Swelling of the thigh and knee
  • Joint inflammation and muscle spasms in the hip
  • Limping or difficulty walking on the injured side
  • Painful bending or rotating of the hip
  • Soreness and/or throbbing pain in hip while at rest


What is 'Carpal Tunnel Syndrome' (wrist/hand)?
A painful disorder that can be caused by repetitive use of your hands.  Symptoms include pain, numbness, tingling, weakness, and inflammation in your hands and wrists.
 


Contact

Address : Bergen, Passaic, Hudson, Essex, Middlesex, Monmouth, Morris, Sussex, Union, Somerset, Hunterdon, Ocean
Counties, NJ
Phone : (201) 444-1078
Fax : (201) 493-7033
Email : LisaArkin@LisaArkin.com