Workers’ Compensation: Helping Injured Workers
If your New Jersey employer and its insurer have failed to acknowledge your serious on-the-job injury, or have delayed or denied the workers’ compensation health care, disability or medical benefits you deserve, our skilled Burlington law firm can be your voice in negotiations and in court if necessary.
We are local lawyers who solve local problems – and have been since 1965.
We are Smith Magram Michaud Colonna P.C., your home for large law firm experience and small law firm personal service.
In South Jersey and Central New Jersey, you can depend on our experienced, compassionate lawyers to pursue justice for you – and the benefits you need to regain your health and employment. Our attorneys use their more than 100 years of personal injury experience, negotiation and litigation skills, reputation for results and keen client commitment to achieve justice for you.
Contact us to arrange your free consultation. If you are too injured to come to our law offices, we can come to you. Call toll free today.
More Than 100 Years of Combined Workers’ Compensation Experience
Our workers’ compensation lawyers handle denied claims and lump-sum settlements in workers’ compensation claims, and third-party liability lawsuits with multiple defendants resulting from:
- Workplace accidents – In factories and warehouses, on construction sites, from collapsed scaffolding and malfunctioning equipment, car and truck accidents in company vehicles, delivery persons who suffer slip-and-fall injuries and dog bites, refinery explosions
- Workplace injuries – Repetitive stress, back and neck injuries, severe burns, broken bones, brain and spinal cord injury, paralysis, loss of hearing and vision
Depending on the circumstances that led to your workplace injury, you may be able to seek compensation from a third party that contributed to it. After a construction site accident, for example, an additional claim may be filed against a product manufacturer, building engineer or delivery truck driver.
Regardless of the dimensions your work accident takes on, Smith Magram Michaud Colonna P.C. explores avenue to secure the short-term or long-range benefits you need.
What Is Workers’ Compensation And How Does It Work?
New Jersey provides workers’ compensation benefits to individuals who have been harmed or injured at or due to their jobs. This compensation includes coverage of medical care, up to 70 percent of lost wages due to recovery time and may also include monetary awards if someone is disabled as a result of their injury.
Before an individual can claim workers’ compensation benefits, they must meet certain eligibility requirements. These include having an injury that occurs as a result of their job, but it does not have to take place at their employer’s location. For example, individuals injured while travelling for work may still claim benefits. Injuries must also be reported by the employee or someone on their behalf to the employer within 14 days of the incident taking place.
How Much Workers’ Comp Would You Get If Injured At Work?
An injured worker could find that a claim he or she filed to secure benefits, is denied. In other situations, the injured worker may not receive all of the money to which they are entitled. When these assessments are incorrect, the employee may seek legal assistance from a lawyer.
Following approval of a benefits claim, the insurance company will instruct the injured employee to report to one of its authorized medical services providers. If you spend over a week without working due to injuries or illness, the insurance company will also provide you with temporary disability payments as compensation for your lost wages. Within a 26-week period following your return to work, the insurance company must submit a Subsequent Report of Injury to New Jersey’s workers’ compensation department. You will also receive a copy of this report to review.
A worker can successfully secure workers’ compensation benefits to pay for medical care and lost wages, he or she will have the financial lifeline required to get through the difficult period following a serious accident.
Receive the Compensation You Deserve
Our contingency fee policy means that you owe no attorney fee unless we win workers’ compensation benefits for you. You have absolutely nothing to lose and everything to gain by contacting us.
Your free initial consultation with our skilled Burlington workers’ compensation attorneys can be arranged right now, toll free: 609-589-0649. We respond promptly to your e-mail.
Frequently Asked Questions About Workers’ Compensation
Our attorneys at Smith Magram Michaud Colonna, P.C., have years of experience helping employees recover compensation for their workplace injuries. Here are some answers to questions you may have:
How quickly do I need to report a work injury to my employer?
You should notify your employer immediately (or as soon as practical). However, if you are not able to make a report right away, you have 90 days from the date of your injury if you want to claim workers’ comp benefits. Failure to report your injuries to your employer will forfeit your rights. Once you have reported your injuries, your employer should file a report with their workers’ compensation insurance carrier so you can initiate a claim.
How much will I receive in workers’ compensation benefits?
If you have filed for workers’ compensation benefits, you may be eligible for up to 70% of your average weekly wage. However, the amount of benefits you can receive may be reduced by the state’s maximum and minimum. For 2025, benefits are capped at a maximum of $1,159 and a minimum of $309 a week.
Can my employer fire me for filing a workers’ compensation claim?
No. Filing a workers’ compensation claim is considered a protected action. It is considered unlawful to fire an employee for engaging in a protected action. Furthermore, your employer cannot retaliate against or demote you for filing a workers’ compensation claim.
Can I choose my own doctor for treatment?
In an emergency, you can seek immediate medical care. For all other issues, however, New Jersey law permits the employer or its insurance carrier to choose the injured worker’s workers’ comp physician. You are generally required to use this doctor for the first 30 days (or 10 visits, whichever is first). If you do not believe you are getting the treatment you need, you may request a second opinion, subject to approval by the insurer. You may also request a new physician after the 30-day mark (or ten visits), subject to approval by the New Jersey Division of Workers’ Compensation. You may also dispute the authorized physician’s diagnosis or plan of care via a formal hearing.
Do I need a lawyer for my workers’ compensation case?
It is not required, but it is a good idea. You should particularly consider talking to an attorney if your injuries are serious, your employer seems reluctant to pay or you find yourself needing to file an appeal.
What should I do immediately after being injured at work?
The first step is to report the injury to your employer as soon as possible. Delays can hurt your claim. You should also seek medical care, even if the injury seems minor. In addition, make sure to:
- Complete an accident report if required by your workplace
- Keep copies of all medical records and receipts related to treatment
- Follow the doctor’s instructions carefully to avoid disputes about recovery
Documenting everything from the start makes it easier to protect your rights.
How much will I receive in workers’ compensation benefits?
Workers’ compensation benefits vary based on factors like your average weekly wage, the extent of your injury and how long you are unable to work. Generally, benefits may include:
- Coverage for medical bills related to the injury
- A percentage of lost wages if you miss work
- Disability payments if the injury causes long-term impairment
Each case is unique, so it is essential to understand what applies to your specific situation.
Do I need a lawyer for my workers’ compensation case?
While not required, having an attorney has a huge and positive impact on your case. Employers and insurers sometimes dispute claims, delay payments or limit benefits.
A lawyer can step in to handle appeals, gather evidence and push for the full benefits you deserve.
Can I choose my own doctor for treatment?
In New Jersey, your employer or their insurance company has the right to choose the doctor who treats your work injury. If you see an unauthorized doctor without approval, the workers’ compensation insurer may refuse to pay for that treatment.
However, if you need emergency care, you can go to the nearest hospital right away. After the emergency, your care must usually return to the employer’s chosen provider.
Can my employer fire me for filing a workers’ compensation claim?
It is illegal for an employer to retaliate against you for filing a legitimate claim. If you experience termination, demotion or harassment because of your injury, you may have grounds for legal action.
Clear answers are vital after a New Jersey workplace injury. Call us at 609-589-0649 or contact us online in Burlington to learn more.