PRACTICE AREA

New Jersey Workers’ Compensation Lawyer

manufacturing worker with chemicals

The unfortunate reality is that no worker in New Jersey is completely protected from work-related accidents, injuries, or illnesses. However, if you have become injured or ill on the job in New Jersey, you may be entitled to workers’ compensation benefits to pay for your medical bills and replace lost wages.

Since 1929, the law firm of Pellettieri Rabstein & Altman has been dedicated to protecting and helping the people of New Jersey. Our New Jersey workers’ compensation attorneys have combined experience of 105 years and 35 years of practicing workers’ compensation law on average. As part of our practice, we have been representing members of public and private labor unions for almost 100 years, including state and county workers, construction workers, service employees and factory workers.

Our team is highly skilled at handling workers’ compensation cases of every type, including appeals. Our lawyers have handled cases that resulted in precedent-making published opinions in the workers’ compensation arena. We employ lawyers certified as workers’ compensation attorneys by the New Jersey Supreme Court.

firefighter outfit

Attorneys from Pellettieri Rabstein & Altman teach workshops and seminars for other attorneys on subjects related to workers’ compensation law. Some of our attorneys sit in leadership positions on workers’ compensation committees for the New Jersey State Bar Association and the New Jersey Association for Justice. Our lawyers have participated in the New Jersey Workers’ Compensation Inns of Court and serve on the New Jersey Commission of Labor Advisory Committee on Workers’ Compensation.

Our seasoned New Jersey workers’ compensation attorneys are ready to listen to your concerns, determine a course of action, and work to get you the benefits to which you are entitled.

Workers throughout New Jersey, please contact us today for a free consultation with a compassionate member of our legal team.

How New Jersey Workers’ Compensation Benefits Work

construction workers at work

The New Jersey workers’ compensation system is designed to guarantee medical care and provide a wage replacement for eligible employees who get hurt at work. Workers’ compensation is a no-fault system, which means eligible employees do not have to prove fault to receive benefits. Participating employers generally cannot be sued for work-related injuries.

New Jersey requires all employers to carry workers’ compensation coverage for their employees, regardless of business size. Employers must maintain active coverage for all employees, including part-time, temporary, contract, and domestic employees, under certain circumstances. Employers may not deduct from employee wages to cover workers’ compensation insurance premiums.

work injury report

When you sustain a work-related injury as an eligible New Jersey employee, your employer must provide you with the appropriate workers’ compensation claim paperwork within one workday. Once you complete the paperwork, your employer must submit it to their insurance provider’s claims department.

If you suffer a work-related injury, you are entitled to all necessary medical treatment resulting from that injury at no cost to you. In addition, if it is determined that you have sustained a permanent injury, you can be entitled to receive a monetary award for that injury. A workers’ compensation attorney can confirm your eligibility for benefits and develop an effective legal strategy for your claim.

Why You Need Help from Our New Jersey Workers’ Compensation Lawyers

injured wrist repetitive stress injury at work

New Jersey’s workers’ compensation system is undoubtedly helpful to many workers who suffer occupational injuries and illnesses. Unfortunately, not every worker enjoys an easy path through this complicated bureaucracy. Many injured workers receive inadequate benefits or see their legitimate claims denied outright by their employers. Sadly, some workers accept these unfair outcomes out of confusion or exhaustion.

You can get the help you need from the experienced attorneys at Pellettieri Rabstein & Altman. Since 1929, our respected attorneys have helped our fellow New Jerseyans seek the justice they deserve. Our firm represents many local labor unions, and we are deeply invested in the welfare of every New Jersey worker.

injured construction worker

If you have questions or concerns about your workers’ compensation claim, do not hesitate to contact our firm. We can begin work on your case at no upfront cost. We do not charge for our services unless and until we obtain a successful outcome on your behalf. And even then, the only fees we collect come from a court-approved percentage (up to 20 percent) of the monetary award you receive for your claim.

Common Types of Workers’ Compensation Accidents

Here are some of the most common types of workplace accidents that give rise to workers’ compensation claims:

Motor vehicle accidents

Transportation accidents are consistently among the top causes of workplace injuries and deaths. That includes work-related accidents on public roads as well as on job sites. If you were injured in an accident as a commercial driver or while driving for work-related purposes, you are likely entitled to workers’ compensation benefits.

Slip-and-falls and falls from heights

Falls are another of the most common causes of work-related injuries and fatalities. Workers can be seriously injured in slip-and-falls or trip-and-falls. Falls from heights, such as from staircases, ladders, or scaffolds, can be even worse.

Flying and falling objects

Workers at construction sites, manufacturing sites, and other workplaces with heavy equipment or machinery are susceptible to injuries from flying or falling objects. Common examples of such hazards include dropped tools, crumbling building debris, and poorly secured machine parts.

Machinery and equipment accidents

Forklifts, cranes, compactors, and other heavy pieces of machinery can severely injure workers. Many workplace accidents also occur when equipment or tools are defective, poorly maintained, or improperly used.

Overexertion and repetitive motion strain

Overexertion injuries commonly occur due to strenuous lifting, pulling, pushing, twisting, holding, and throwing motions performed in the workplace. Even moderate levels of strain that are barely noticeable at the outset can lead to painful, long-term injuries.

Electric shocks and toxic exposure

Exposed electrical circuits and ungrounded outlets present the risk of serious electric shocks or fatal electrocution. Workers can also suffer serious injuries from exposure to fire, smoke, extreme temperatures, excessive noise, toxic substances, and deadly pathogens.

Inadequate training or equipment

Workers who are routinely exposed to occupational hazards need appropriate safety training and personal protective equipment (PPE). When these critical safety requirements go overlooked, workers can suffer preventable injuries.

Acts of violence in the workplace

Violent assaults are another top cause of workplace injuries and fatalities. Workers in certain industries such as healthcare, education, and customer service are especially vulnerable. Violence can occur in any workplace, including criminal violence, assaults by customers, clients, patients, and worker-on-worker violence.

Our Victories

105

Combined Years Experience of Lawyers

100%

Kinds Of Comp Cases We Handle

Certified Workers’ Compensation Law Attorneys

Our Worker’s Compensation attorneys have combined experience of 105 years, with 35 years of practicing Worker’s Compensation law on average. 

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Types of Workers Who Can Get Hurt on the Job

warehouse worker moving boxes

Workers who can suffer on-the-job injuries include:

  • Factory workers
  • Police officers
  • Firefighters
  • Correctional officers
  • Healthcare workers
  • Hospitality workers
  • Transportation workers
  • Warehouse and delivery workers
  • Construction workers
  • Electricians
  • Plumbers
  • Other laborers
  • Office workers
  • Retail workers
  • Customer service workers
  • Bank employees

Under the right conditions, any worker is at risk of injury while on the job – even those in “safe” jobs.

Common Types of Injuries Covered by Workers’ Compensation

injured worker on laptop

The attorneys of Pellettieri Rabstein & Altman can help workers who have suffered on-the-job injuries such as:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Back and neck injuries
  • Herniated discs
  • Carpal tunnel syndrome
  • Burns and toxic exposure injuries
  • Vision or hearing loss
  • Fractured or dislocated bones
  • Traumatic amputations
  • Nerve, muscle, and tissue damage
  • Occupational diseases
  • Mental health complications

From our clients

I came to PRA with my workmen compensation case . Gary Adams represented me . Gary was recommended to me by a friend and I in turn recommended Gary to another friend. Gary and his paralegal Jennifer are very good with communication and keeping me well informed in regards to my case : answering emails & returning my calls . I have and I will continue to recommend Gary and his staff to my friends .

WF

My experience with Pellettien Rabstein & Altman was a great one! Every step of the way they were there with me, they made sure I got the justice I deserved. Whenever I called there was someone to answer the questions I had, the receptionist and secretary were friendly and very polite. Anytime, any day, I will recommend Counselor Gary Adams to represent any of my family or friends.

NJ

I have dealt with this firm for over 7 years on a very complicated Workmans Compensation case.
I have dealt with a myriad of legal firms throughout the country for over 30 years in my positions of CEO. And this firm is by far, the best firm I have ever dealt with.

CD

My attorney at Pellettieri Rabstein & Altman was amazing and I can’t thank the firm enough for their insights and assistance! I would highly recommend them!

EW

It was a very long and arduous time (13 years to bring this before a Judge). Living out of state made it particularly hard. Attorney Monaghan of Pellettieri Rabstein & Altman in New Jersey was diligent in helping through the morass of a very difficult workers’ comp claim resultant from an assault on a flight over international waters. I am permanently disabled from this assault and appreciate PR&A’s help.

AC

Pellettieri Rabstein & Altman has very knowledgeable attorneys who are responsive and professional. Jeff Monaghan is an excellent example of this.

JN

Pellettieri Rabstein & Altman listened to my needs and helped me get a larger settlement than I expected. They were very attentive and kind.

EW

Pellettieri Rabstein & Altman is an outstanding firm.

CD

Benefits Available from the New Jersey Workers’ Compensation System

The types of benefits you could recover in a workers’ compensation claim can be divided into the following five categories:

Medical benefits

These benefits cover the costs of any reasonable and necessary medical care you require to treat your work-related condition. That includes expenses for ambulance rides, hospital stays, doctor’s visits, prescription medications, and durable medical equipment.

Temporary disability benefits

If your condition temporarily prevents you from doing your usual job or returning to work at all, these benefits can cover a portion of your lost wages. Temporary total disability (TTD) benefits provide up to 70 percent of your average weekly pre-injury wages. TTD benefits are subject to statewide maximums that fluctuate year to year. You can receive temporary disability benefits for up to 400 weeks or until you reach maximum medical improvement (MMI), whichever is sooner.

Permanent disability benefits

If your injury prevents you from ever returning to work at full capacity, or your injury affects your activities of daily living, you could be entitled to permanent partial disability (PPD) benefits. PPD benefits are available for up to 600 weeks or certain statutory amounts. If your injury is so severe that you cannot return to work in any capacity, you could be entitled to permanent total disability (PTD) benefits. PTD benefits are paid for life.

Job displacement benefits

If your injury prevents you from ever performing your old job again and your employer does not have any alternative or light-duty work available, you could be entitled to supplemental job displacement benefits. These benefits can help you pay for the education or training necessary to develop the skills you need for other types of work.

Death benefits

If a worker dies due to a workplace injury or illness, the surviving family members may be entitled to financial support in the form of workers’ compensation death benefits. These benefits can pay for reasonable funeral expenses and provide dependents with up to 70 percent of the worker’s average weekly wages.

Potential Third-Party Claims After a Workplace Accident

elbow injury

Depending on the circumstances, you may have grounds for a “third-party” personal injury claim in addition to your workers’ compensation claim. You typically cannot file a personal injury case against your employer if they provide workers’ compensation coverage, but you may have a claim against another negligent party if they contributed to your injuries.

For instance, if you were injured while using a defective product to do your job, you could have a third-party claim against the manufacturer. Similarly, if you suffer injuries in a car accident that occurs while you are driving for work-related reasons, you could have a claim against the motorist who caused the accident.

Our lawyers are ready to review your situation and seek out every potential source of compensation on your behalf.

Filing for Workers’ Compensation Benefits for an Injury

wet floor caution sign

If you’re injured on the job, taking the following steps can help you lay the groundwork for a successful workers’ compensation claim:

  • Notify your employer or the appropriate workplace authority as soon as possible.
  • Obtain from your employer the necessary paperwork to file a claim
  • Your employer or their workers’ compensation insurance provider should investigate your claim and determine your eligibility for benefits.
  • Contact a Pellettieri Rabstein & Altman workers’ compensation attorney as early in the process as possible.
  • If your employer neglects to report your accident to their insurance provider, your attorney at Pellettieri Rabstein & Altman will take steps to notify the insurer or file a claim with the Division of Workers’ Compensation.

Deadlines for Taking Action on a Workers’ Compensation Claim

wrist injury

Here are some important deadlines to keep in mind as you apply for workers’ compensation benefits in New Jersey:

  • 30 days – You are encouraged to notify your employer of any work-related injury within the first 30 days. Your chances of receiving the full benefits you are entitled to are greater the sooner you report the injury.
  • 31-90 days – You must notify your employer no later than 90 days after your work-related injury. The longer you wait, the greater the risk that your claim will be denied.
  • Two years – You must file a formal claim for workers’ compensation benefits within two years of the date when you first sustained or learned of your work-related condition, or within two years of the last payment of workers’ compensation benefits.

Appealing a Denied or Undervalued Workers’ Compensation Claim

worker using forklift

If you suspect you are not receiving the full extent of the workers’ compensation benefits you are owed, it is essential to work with a knowledgeable attorney. Filing an appeal for a denied or undervalued claim is a complex process that involves considerable paperwork, tight deadlines, and a hearing in many cases.

A trusted New Jersey workers’ compensation attorney can present your claim in the best possible light to secure the benefits you are owed. Your lawyer will complete documentation accurately and on time with the appropriate medical records to support your claim. Additionally, your attorney will represent you at hearings and communicate on your behalf during every stage of the appeals process.

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