You may hear that you don’t need an injury lawyer when filing a claim for workers’ compensation benefits in New Jersey. We disagree. The insurance company responsible for your claim has one goal in mind; pay as little on your claim as possible. The insurance company may deny your benefits or take the position that you are ready to return to work, even if you are still recovering from your work injury. That’s why it’s in your best interests to consult an experienced workers’ compensation attorney.

At Kotlar, Hernandez & Cohen, we determine the benefits you deserve and we will fight every attempt at delay or denial by the insurance company. If your case comes to trial, our board-certified trial attorneys are ready to fight for you in court.

Employers and insurance companies can dispute your workers’ compensation claim. They may take the position that your injury was pre-existing or had nothing to do with your job. Or they may say you are ready to return to work before you’re medically cleared for full duties.

Our workers’ compensation team includes several attorneys who used to represent the employer insurance companies, so we know the tactics they use to avoid their responsibilities to the injured worker. We will provide aggressive representation and litigation whenever necessary. In some cases, we can help you pay for an independent medical evaluation to help prosecute your claim.

When there is a dispute over workers’ compensation benefits, at some point the insurance company may make a settlement offer. However, the offer they make often falls short of the benefits that you could receive after litigation. They are betting you are willing to accept less because you are in a tough medical and financial situation. We strongly urge all clients to at least get a consultation with an experienced workers’ compensation attorney before accepting any settlement offer. We will help guide you in making an informed decision that truly fits your needs and entitlements.

Absolutely. New Jersey is a “no fault” state in workers’ compensation law. That means you are eligible for medical and disability benefits even if you were responsible for causing the accident that led to their injuries.

It also means that under most circumstances, you cannot sue your employer in a third-party liability claim. However, if a third party, such as a vendor or independent contractor, was responsible for causing the accident that led to your injuries or occupational diseases, you may be able to take legal action. At our firm, we have board-certified civil trial attorneys specializing in personal injury to help you throughout this process, as well.

Yes. All employees are covered under the workers’ compensation system, even those who just recently started the job. As long as your injury or illness was caused by a work-related accident or occupational exposure, you should be covered.

But in some cases, employers have challenged workers’ comp claims, taking the position that the injured person was actually an independent contractor and not an employee. Our attorneys will fully investigate your case and fight all attempts to deny you the benefits to which you are entitled.