Workers' Compensation
If you were injured on the job, your case falls under workers’ compensation, a sometimes broken system that, at its worst, can prevent hard workers from receiving medical treatment and wages in favor of the employer or insurance company. At our firm, we help our clients navigate the process from start to finish and dispute any wrongdoings on their behalves. In the end, we do our best to take as much of your stress away as possible by getting you the benefits you deserve for your workplace injuries.
Getting hurt on the job can significantly impact your life, and workers’ comp claims can be not only confusing, but restrictive and oppressive to the working people in our communities. Income goes down and medical expenses go up. Your usual bills keep coming while you and your family try to put your life back together.
New Jersey Workers' Compensation Lawyers
At Kotlar, Hernandez & Cohen, we’ve been helping workers with their workers’ compensation claims throughout the state of New Jersey since 1995. With multiple Board Certifications in Workers’ Compensation Law, we know how to build strong cases that get results.
If you were injured in a work-related accident, speak with our team today to get the best possible outcome for your case.
Workers' Compensation FAQ's
You may hear that you don’t need a lawyer when filing a claim for NJ workers’ compensation benefits. We disagree. The insurance company responsible for your claim has one goal in mind; pay as little on your workers’ comp 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-related injury. That’s why it’s in your best interests to consult an experienced workers’ compensation law firm.
At Kotlar, Hernandez & Cohen, we determine the benefits you should be receiving 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 New Jersey workers’ compensation lawyer 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, you may be able to take legal action. At our firm, we have board-certified civil trial attorneys 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 claims for workers’ compensation benefits, 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.
Depending on your situation, your employer or insurance carrier could be responsible to provide you with medical treatment and temporary disability benefits while you’re unable to work due to your injury. If you’re left with a permanent impairment, you may be eligible for a permanent partial disability award, even if you’re able to return to work. If left permanently and totally disabled, you may be able to recover a lifetime of workers’ compensation benefits. In the worst case scenario, even death benefits can be applied, with the beneficiary being a spouse or dependents.
The best thing you can do to learn and assess your options is consult with one of our workers’ compensation injury lawyers.
Sometimes, a workplace accident or occupational disease can leave a worker with a permanent disability that prevents them from returning to work, but permanent disability caps at up to 70% of wages at the time of injury, meaning that it does not take variables such as inflation into consideration. If you were left permanently and totally disabled, it is essential to secure a disability pension and social security benefits.
The best thing you can do in this situation is contact our team as soon as possible to ensure you’re getting the best possible outcome in your claim.
We like to call these Defense Medical Exams because in our experience, while the insurance companies are entitled to send injured workers to an Independent Medical Exam (IME) to determine if they are able to return to work and/or if they require medical treatment, there’s often nothing independent about the exam at all.
However, it’s our job as your legal representation to review the fairness and accuracy of these exams and challenge their results if necessary to make sure you’re not released from treatment or sent back to work prematurely. We won’t back down from an unfair exam result.
Under New Jersey law, claims for workers’ compensation benefits must be filed within two years from the date you received your last workers’ compensation benefit, or two years from the date you learned of a work-related illness.
If your workers’ compensation claim is denied, you should contact our team immediately so we can file a claim petition on your behalf and present your case to the court with intent to acquire you the benefits you’re entitled to as soon as possible.
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