How Workers’ Compensation Lawsuits Work
Workers’ compensation is designed to provide you with reasonable and prompt medical care and reasonable income if you cannot work after you suffer an injury at the workplace. In New Jersey, If your injuries from a work-related incident are permanent, you may be entitled to additional compensation for the permanency component.
If your Employer’s insurance company does not promptly provide you with the benefits you are entitled to, you must file a petition under the NJ workers compensation legal system, in order to enter your case into the system. In Workers compensation lawsuits, the insurance carrier may be required to pay for a significant portion of your legal fees, which are generally capped at 20% of any permanency recovery. All legal fees and costs must be approved by the court.
If you are eligible for Worker’s Compensation Benefits, you ordinarily cannot file a separate personal injury lawsuit in Superior Court against your employer or any co-employees, as the sole remedy is in the Workers Compensation Court system.
What Are the Conditions Under Which I Can File a Workers’ Compensation Lawsuit?
In NJ, you must prove that an injury occurred within the course and scope of your employment in order to be eligible to file a claim. You must notify your employer as soon as practicable, and your employer is required to file the claim with the Department of Labor Division of Workers Compensation within 24 hours of notification of the claim.
Legal Help With Workers’ Compensation Issues
Determining whether you can file legal action regarding a workers’ compensation claim can be complex, which is why you should consult with an experienced workers compensation law firm to understand all your options.. The team at Rosner Law Offices, P.C. can review your situation and provide you with sound legal advice. Please call us today at (856) 502-1655 for a free legal consultation.