New Jersey & Pennsylvania Workers Compensation Lawyer
Workplace accidents can cause some of the most serious injuries that harm employees for weeks, months, and sometimes even years to come. Both New Jersey and Pennsylvania law outline rules surrounding workers’ compensation claims, and they are quite different. Below, our New Jersey & Pennsylvania workers’ compensation lawyer explains these laws further.
When you are injured while on duty, there are unique legal issues involved. You will be entitled to recover lost wages and medical expenses and possibly a lump sum settlement. Monetary compensation does vary depending on whether you are receiving New Jersey or Pennsylvania Workers Compensation Benefits. If you or a family member have been injured at work call me to have a New Jersey & Pennsylvania workers compensation lawyer working for you and not for your employer or its insurance company. It is important that you contact me, Joseph Monaco, right away because there could be restrictions on where you are able to receive treatment for your injuries.
Workers’ Compensation is No-Fault in Both States
The workers’ compensation systems in both New Jersey and Pennsylvania are considered no-fault. This means that even if you contributed or wholly caused the accident that resulted in your injuries, you can still claim workers’ compensation benefits. On the other hand, you also cannot file a lawsuit against your employer unless they did not carry the required amount of workers’ compensation insurance.
Deadlines for Giving Notice of Injury
The laws in New Jersey and Pennsylvania require workers to inform their employer of the workplace accident within a certain amount of time. In the Garden State, employees must tell their employer of the workplace accident and resulting injury within 14 days. However, there are some exceptions to this that could allow up to 90 days before the injury must be reported.
In the Commonwealth, workers have up to 120 days to inform their employer of the accident that caused their injuries. After the seventh day of injury, the worker and the employer can reach an agreement about the compensation to be paid.
Available Workers’ Compensation Benefit
Pennsylvania and New Jersey both provide fairly generous benefits to injured workers. In Pennsylvania, available workers’ compensation benefits include:
- Health care costs, including doctor visits, surgery, medical equipment, medication, and lab tests
- 500 weeks maximum of partial disability payments if the employee is not able to work at full capacity
- If the employee is unable to return to work at all, total disability payments without a time limit
- When a worker has lost a body part, permanent injury benefits
- Death benefits paid to a spouse and dependents if the worker passes away from an occupational illness or work-related injury within 300 weeks of the accident
Workers’ compensation benefits in New Jersey also help employees recover from their workplace injuries. The law provides compensation for medical treatment, wage replacement, and vocational rehabilitation. The amount of compensation a person receives for their wage replacement will depend on the extent and duration of the disability. Compensation for those eligible based on 70 percent of the worker’s weekly wages.
Contact An Experienced New Jersey & Pennsylvania Workers Compensation Lawyer Today
If you have been hurt at work, do not file a workers’ compensation claim on your own. At Monaco Law, PC, our New Jersey & Pennsylvania workers’ compensation lawyer will hold your employer and the insurance company accountable for paying the full benefits you need to make a full recovery. Before filing, call us first or reach out to us online to schedule a free review of your case with our skilled attorney and to learn more about how we can help with your claim.