Workplace injuries can happen in diverse types of work environments, such as a construction site, in a warehouse, and at an office desk, among others.
Each year, millions of employees suffer harm while performing their duties, incidents that can lead to temporary or permanent disability, steep medical costs, and prolonged loss of earnings.
In these situations, the victims can leverage workers’ compensation laws to secure financial support and medical care without the need to prove fault.
However, obtaining these benefits is not always an easy process. There is the possibility of challenges such as pressure to return to work too soon, which can leave you and your family in a vulnerable position. If you’ve suffered an injury while performing your job in Somerville, it’s vital to understand your rights and take timely action.
A Somerville worker’s compensation lawyer at Shebell & Shebell will guide you through the workers’ compensation process and help seek the benefits the law provides.
Table of Contents
- What is Workers’ Compensation?
- Why Work With Us?
- Workers’ Compensation Benefits
- Where Do Work-Related Accidents Occur in Somerville?
- Why Work With a Workers’ Compensation Attorney From Shebell & Shebell
- Contact a Somerville Workers’ Compensation Lawyer Today
What is Workers’ Compensation?
Workers’ comp is an insurance system that gives wage replenishment and medical benefits to employees who suffer job-related injuries or illnesses.
In New Jersey, employers are legally required to carry this insurance coverage for all employees, regardless of the business size or the nature of the work performed.
Workers’ compensation operates on a no-fault basis, unlike a personal injury lawsuit. It means injured employees are generally entitled to benefits even if their employer was not negligent. In exchange, workers usually forfeit the right to sue their employer for additional damages outside the compensation system.
New Jersey workers’ compensation benefits may include payment for necessary medical care, temporary or permanent disability benefits, and compensation for reduced earning capacity. In certain cases, surviving family members may also receive death benefits. For workers facing lost income and mounting medical expenses, this system provides a legal pathway to financial relief without the need to prove employer negligence.
Why Work With Us?
At Shebell & Shebell, our commitment to injured workers is rooted in professional dedication and personal experience.
Thomas Shebell’s early life was marked by multiple brain surgeries, instilling in him a profound empathy for those enduring physical and emotional hardships.
Additionally, this experience gave him a firsthand understanding of pain, recovery, and the importance of being heard. His experience continues to inform our firm’s approach to legal representation and shapes how we advocate for injured workers across New Jersey.
Our legal team deeply understands New Jersey’s workers’ compensation and personal injury statutes. To obtain workers’ compensation benefits, you must meet a tight deadline.
In New Jersey, you generally must notify your employer of a workplace injury within 90 days. You must file a formal Claim Petition with the Division of Workers’ Compensation within two years of the injury date or two years from the date of your last authorized benefit payment.
Missing these deadlines can jeopardize your right to benefits. Our attorneys can explain these crucial timelines for your situation.
Our understanding of the laws enables us to effectively advocate for our clients, addressing the unique challenges of each case with professionalism and care. We boast a rich history of favorable outcomes that reflects our ability to manage the legal system efficiently, securing the benefits and compensation our clients are legally entitled to.
We also have a legacy spanning over 90 years. The legal team at Shebell & Shebell has consistently championed the rights of injured individuals. Our longstanding presence in the legal community underscores our unwavering dedication to justice and client advocacy.
Our Somerville office provides a central and accessible location for consultations and legal proceedings. Therefore, when you need legal support close to home, we’re right where you need us.
Workers’ Compensation Benefits
The workers’ compensation system can offer timely financial and medical support to those who sustain injuries or illnesses in the course of employment. The benefits available under this system vary depending on the nature and severity of the injury, but all are intended to help injured workers maintain financial stability and access necessary treatment during recovery.
Here are the primary categories of workers’ compensation benefits you may receive:
Medical Benefits
The employer’s workers’ compensation insurance carrier must cover all reasonable and necessary treatment for the work injury or illness. It includes doctor visits, hospitalization, surgery, physical therapy, prescription medications, and medical devices. However, the employer or their insurer generally retains the right to work with an authorized physician of their choice. If a worker seeks unauthorized treatment, the costs may not be reimbursed unless it is an emergency or a court order otherwise.
Access to medical care without financial burden is one of the system’s core protections. Injured workers should report their injuries promptly and follow all medical instructions to preserve their eligibility. Your workers’ compensation lawyer will take you through the medical process so you don’t make mistakes that can cost your benefits.
Temporary Total Disability (TTD) Benefits
If a doctor ascertains that an employee cannot work for more than seven days due to a work-related injury, the employee may qualify for temporary total disability benefits. These payments are made while the worker is actively receiving medical treatment and unable to return to work.
The benefit amount is calculated as 70 percent of the average weekly income, subject to the state’s minimum and maximum annual rates. These benefits are to be enjoyed until the worker attains the maximum medical improvement (MMI). It means your condition has stabilized and is unlikely to improve, or you are medically cleared to return to work.
Permanent Partial Disability (PPD) Benefits
When a work-related injury causes lasting impairment but does not prevent the employee from returning to work in some capacity, they may qualify for permanent partial disability benefits. These are paid based on a scheduled or non-scheduled loss.
Scheduled losses include impairments to specific body parts such as the arms, hands, legs, feet, eyes, or ears. Benefits are based on a predetermined number of weeks tied to the severity of the loss. On the other side, non-scheduled losses cover injuries to internal organs, the back, heart, lungs, or brain. These are evaluated case-by-case according to the extent of functional loss. PPD benefits help compensate for the long-term impact of an injury, even if you can still earn income.
Permanent Total Disability (PTD) Benefits
If a job-related injury or illness bars a worker from ever returning to gainful employment, they may secure permanent total disability benefits provided by law. This classification includes severe injuries such as paralysis, traumatic brain injury, or the loss of two major body parts, such as both legs or both eyes.
PTD benefits begin at the same rate as temporary total disability and are initially paid for 450 weeks. If you remain unable to work after that period, the benefits may continue for life, provided ongoing medical evidence supports the permanent total disability status.
Wrongful Death Benefits
When someone passes on because of a job-related injury or illness, surviving family members may receive weekly wrongful death benefits. These are calculated at 70 percent of the deceased worker’s average weekly wage and according to the statutory maximums. Usually, these benefits are divided among eligible dependents.
In addition to wage replacement, the employer or insurance carrier must pay up to $3,500 in funeral expenses. The goal is to provide financial relief to the family during a time of emotional and economic loss.
Vocational Rehabilitation Services
While not guaranteed under the statute, vocational rehabilitation may be offered in certain cases where an injured worker can no longer perform their previous job. These services may include job training, education, resume assistance, and career counseling aimed at helping the individual transition to a new line of work. In some cases, retraining becomes necessary when physical limitations permanently restrict prior job duties.
Workers’ compensation benefits bridge the gap between injury and recovery. If you suffered an injury at work, these benefits determine whether you can keep a roof over your head and receive appropriate medical treatment. However, obtaining full and fair benefits can involve legal complexities, especially when claims are denied, benefits are underpaid, or the insurance company challenges the severity of the injury. Therefore, working with a Somerville workers’ compensation attorney is necessary to protect your rights throughout the process.
Where Do Work-Related Accidents Occur in Somerville?
Somerville, located in Somerset County, New Jersey, experiences a range of work-related accidents across various industries. Somerville is a central hub in New Jersey’s transportation network, intersected by major highways such as U.S. Routes 22, 202, and 206. Its proximity to Interstates 78 and 287 further amplifies traffic flow through the borough. This extensive roadway infrastructure supports various industries, including logistics, construction, and retail.
In 2023, New Jersey reported 66,800 nonfatal workplace injuries and illnesses in the private sector, with a total recordable cases (TRC) incidence rate of 2.3 cases per 100 full-time equivalent workers. The trade, transportation, and utilities sectors, along with education and health services, accounted for a significant portion of these incidents. These industries are well-represented in and around Somerville, suggesting a similar trend in the local area.
Additionally, the construction industry remains a significant contributor to workplace accidents in the region. In 2023, New Jersey experienced 81 fatal work injuries, with the construction sector accounting for 18 of these fatalities. Common causes included falls, slips, and trips, underscoring the importance of stringent safety protocols on construction sites. Given Somerville’s ongoing development and infrastructure projects, construction workers in the area face increased risks of sustaining workplace injuries.
Why Work With a Workers’ Compensation Attorney From Shebell & Shebell
Workers’ compensation claims are sometimes not as straightforward as they should be. Although the system is meant to provide support without conflict, the reality is that many injured workers face challenges that require the help of an attorney.
At Shebell & Shebell, our attorneys can intervene when the process breaks down to put legal pressure on you and ensure you secure your rightful benefits.
If the injury or illness permanently alters what you’re physically able to do, it raises serious questions about your future earning capacity. At this time, you need a lawyer to advocate for benefits that reflect the full scope of your loss.
Your Somerville workers’ compensation lawyer may have to work with vocational experts and physicians to establish the full impact of your injury and argue for the compensation you’re entitled to.
An unjustified denial or delay in benefits can sometimes leave an injured worker in financial distress. Our workers’ comp attorneys can gather medical records, workplace documentation, and eyewitness accounts in these cases to establish a clear connection between the injury and your job. We ensure that any failure to pay mandated benefits is addressed swiftly through formal claims and legal motions.
Also, insurers have a financial incentive to reduce what they pay out. That can lead to allegations that you were impaired on the job, injured during horseplay, or exaggerating your condition. You may also be pressured into accepting a low settlement that doesn’t reflect the long-term consequences of your injury.
Our attorneys know how these tactics work and, more importantly, how to counter them. We prepare every case with a complete understanding of the medical, occupational, and legal evidence needed to prevent insurers from undercutting your claim.
Some employers may also respond to a claim by cutting hours, assigning punitive job duties, or terminating the employee. These retaliatory actions violate state law and can further damage a worker’s financial and emotional well-being.
If you’ve been a victim of retaliatory attacks by the employer, we will pursue legal remedies to ensure you get justice.
Moreover, if a third party caused your workplace injuries, workers’ compensation may not be your only legal remedy. Our firm can file a third-party liability lawsuit or claim, which can provide access to broader compensation. It may involve securing compensation for pain and suffering or punitive damages, which workers’ compensation does not cover.
Contact a Somerville Workers’ Compensation Lawyer Today
If you’ve sustained an illness or injury while at work, legal guidance can ensure you get your benefits on time. Your attorney can manage various challenges, such as a denied claim, and protect your rights.
At Shebell & Shebell, our team is ready to help secure the benefits you are entitled to under New Jersey law.
Our attorneys will examine your case’s specific facts and evidence, explain your options under the state’s workers’ compensation system, and pursue the full benefits available. Contact us today at (732) 663-1122 to discuss your situation in a confidential consultation.