What is a workers’ compensation lawyer?

A workers’ compensation lawyer is uniquely qualified to help injured workers apply for and obtain workers’ compensation benefits.

After a workplace accident, your immediate concerns are focused on physically recovering from your injuries. Your injuries may prevent you from returning to work. You may also require physical or occupational therapy and more. During this time, you cannot work, and the bills keep piling up. For many, this can be overwhelming. A workers’ compensation lawyer can help you understand the workers’ compensation system and how you can apply for benefits.

More specifically, a workers’ compensation lawyer will do the following to help with your claim:

Explain the process in understandable terms

The workers’ compensation system sounds simple in theory, but it can be complex in practice. Employers and their workers’ compensation insurance companies go to great lengths to make the process of obtaining benefits challenging in hopes of deterring injured workers from pursuing a claim. Having an attorney explain the process, what you will need to prove and how you can prove it can significantly reduce uncertainty and stress.

Gather necessary evidence

To obtain workers’ compensation benefits, you will need to show that you suffered a work-related injury or occupational disease. At a minimum, you will need to obtain your medical records and work records. In some cases, you will also need to present the testimony of an expert witness who can link your injuries to your work. An attorney will know how to locate all required documentation of your on-the-job injury.

Negotiate with your employer or their workers’ compensation insurance carrier

Under New Jersey state law, your employer must have workers’ compensation insurance. Thus, your claim will be filed with their insurance company. Insurance companies are notorious for keeping expenses to a minimum and go to great lengths to do so. For example, an insurance company may argue that your injury was pre-existing or not as severe as you and your doctor claims it to be. An attorney can help support your claim by presenting the insurance company with compelling evidence of your injuries and their impact on your life.

Represent you at any court hearings

Most workers’ compensation cases end in a settlement agreement. However, some require motions to get you medical treatment or end in a trial in front of a workers’ comp judge. Your attorney can appear on your behalf, and handle the hearing, so you do not have to worry about examining witnesses and presenting evidence.

Identify any other potential claims.

One of the most important roles of a workers’ compensation lawyer is to identify potential claims that you may have against other parties, i.e., third parties. For example, if someone other than your employer caused your injuries, you may also have a personal injury claim against that party. A workers’ compensation lawyer can determine if you have a third-party personal injury claim and help you effectively prepare a claim against the third party.

Other Workers’ Compensation FAQs:

• Am I Allowed to Choose My Doctors For My Workplace Injury in New Jersey?
• Am I Eligible For Workers’ Compensation If I Am Hurt While Working From Home in New Jersey?
• Are Longshore Workers Eligible For Workers’ Compensation in New Jersey?
• Are Minors Entitled to Workers’ Compensation Benefits?
• Are Minors Injured in a Work-Related Accident Eligible to Receive Workers’ Compensation Benefits in New Jersey?
• Are Workers’ Compensation Benefits Taxable?
• Can A Workers’ Compensation Lawyer Help Me Obtain Benefits and A Settlement Award?
• Can an Employer Fire an Employee for Filing a Workers’ Compensation Claim In New Jersey?
• Can CNAs or RNs Attacked by Patients Receive Workers’ Comp Benefits For Their Injuries?
• Can I Choose My Doctor For My Workers’ Compensation Claim in New Jersey?
• Can I File a Third-Party Lawsuit For My New Jersey Workplace Injury?
• Can I Get Workers’ Compensation When A Coworker Assaults Me?
• Can I Receive Workers’ Compensation For A Gradual, Repetitive Use Injury?
• Can I Reopen My Workers’ Compensation Case?
• Do I Need A Doctor’s Approval to Return to Work?
• How Does a Workers’ Compensation Lawyer Get Paid If the Injured Worker Is Totally Disabled in New Jersey?
• How Does A Workers’ Compensation Lawyer Get Paid?
• How Much Do Workers’ Compensation Lawyers charge in New Jersey?
• How Much Does a Lawyer Make Off of a Workers’ Compensation Claim?
• How Much Does a Workers’ Compensation Lawyer Charge in New Jersey?
• I Was Terminated While Out of Work Due to an On-the Job Injury; What Are My Rights?
• If My Spouse or Parent Dies Due to a Work-Related Injury or Illness in New Jersey, Am I Entitled to Any Death Benefits?
• Is My Injury Considered A Permanent Partial Disability?
• Since I Cannot Perform the Job I Did Before the Injury, Can I Return to Work in a Different Capacity, and How Would That Impact Future Compensation?
• The Workers’ Compensation Doctor Has Released Me For Light Duty Work, But My Employer Told Ne There Is No Light Duty Work Available. What Should I Do?
• What Do I Do If I Get into a New Jersey Car Accident While Working?
• What Does A Workers’ Compensation Lawyer Do For You?
• What Does A Workers’ Compensation Lawyer Do?
• What Does A Workers’ Compensation Lawyer Need to Know?
• What Does AWW Mean Under Workers’ Comp? (Average Weekly Wage)
• What Does FCE Mean Under Workers’ Comp? (Functional Capacity Evaluation)
• What Does IME Mean in Workers’ Comp? (Independent Medical Examination)
• What Does MMI Mean in Workers’ Comp? (Maximum Medical Improvement)
• What Does PPD Mean in Workers’ Comp? (Permanent Partial Disability)
• What Does TTD Mean in Workers’ Comp? (Temporary Total Disability)
• What Happens When Using A Lawyer For A Workers’ Compensation Claim?
• What Happens When You Get A Workers’ Compensation Lawyer?
• What Is A Workers’ Compensation Lawyer?
• What Kind of Information Does A Workers’ Compensation Lawyer Need From You?
• What Should I Do If My Employer Refuses to Open Up a Workers’ Compensation Claim?
• What To Do If Your Employer Will Not Report Your New Jersey Accident to the Workers’ Compensation Carrier?
• What to Expect in Your Free Consultation with a Workers’ Compensation Lawyer?
• What Type of Documents Do I Need to Sign to Allow My Workers’ Compensation Lawyer to Accept My Settlement?
• What Will A New Jersey Workers’ Compensation Attorney Do For Me?
• What Workers’ Comp Benefits Can I Receive If I’m Unable to Work or Return to Work?
• When Do I Need A New Jersey Workers’ Compensation Lawyer?
• When Do Workers’ Compensation Payments Stop?
• When To Get A Lawyer For TBI Workers’ Compensation?
• When To Get A Workers’ Compensation Lawyer?
• While I Was Out of Work as a Result of a Work-Related Injury My Employer Terminated Me. Is This Legal?
• Why Do I Need a Lawyer to File a Workers’ Compensation Claim?
• Why Do I Need A Lawyer to File For New Jersey Workers’ Compensation?
• Why Should I Have A Workers’ Compensation Lawyer?