WORKERS' COMPENSATION

Workers’ Compensation Disability Benefits

A workplace injury or occupational illness can have far-reaching consequences for your health, your ability to work, and your financial well-being. That is particularly true if your injury or illness results in a long-term or permanent disability.

Fortunately, New Jersey’s workers’ compensation system provides financial benefits to eligible employees who get hurt or sick on the job. That includes medical coverage and partial wage replacement for work-related conditions that result in temporary or permanent disabilities. However, receiving the benefits you are owed might not be as easy as it should be.

At the law firm of Pellettieri Rabstein & Altman, we can help you navigate the workers’ compensation system with confidence and demand the disability benefits you need. Contact us today for a free consultation with one of our New Jersey workers’ compensation disability benefits attorneys.

How Our Lawyers Help Disabled Workers Pursue Benefits They Need

When the New Jersey workers’ compensation system operates the way it should, people who have suffered disabilities in the workplace quickly receive benefits that cover their medical bills and a portion of their lost wages. Unfortunately, the system is not flawless. Some people who are entitled to these benefits have their claims undervalued or outright denied.

Fortunately, you do not have to navigate this confusing system alone. 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 a century, including tradespeople, 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.

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 .

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.

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.

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!

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.

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

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

Pellettieri Rabstein & Altman is an outstanding firm.

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 served as masters and barristers of the New Jersey Workers’ Compensation Inn of Court and serve on the New Jersey Commission of Labor Advisory Committee on Workers’ Compensation.

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.

Our Victories

$185K

$185,000 (Partial Settlement) to Electrician for Asbestos-related Cancer

When a union electrician was diagnosed with a type of cancer related to asbestos exposure, our attorneys were able to prove he had, in fact, been exposed at his job sites to sufficient amounts of asbestos to contribute to the cancer.

Workers’ Compensation Medical and Disability Benefits for Life from Mesothelioma Exposure at Out-of-Business Employer

A union electrician employed by an electrical contractor from 1952 through 1980, developed malignant mesothelioma, which is a rare form of cancer frequently associated with asbestos exposure. Our attorneys filed a workers’ compensation claim, but faced the challenge that our client’s employer had gone out of business several years earlier.

Retail Department Store Employee Covered for Degenerative Knee Condition

After years of standing on her feet serving customers, our client’s knees gave out – one and then the other – and the doctor recommended knee replacement surgery to alleviate the pain.

Salesman Between Appointments Covered By Workers’ Compensation for Auto Accident Injuries

While driving between client appointments, a salesman suffered injuries in an auto accident that landed him in the hospital and led to several procedures and physical therapy. While the damage to his car was covered by his auto insurance, the primary coverage for his injuries were paid by his employer’s workers’ compensation insurance.

Work-at-Home “Telecommuter” Recovers on Auto Accident

Although her primary workplace was at home, our lawyers made the case that our client was traveling on business and that she was not commuting; therefore, our client’s auto injuries were covered under workers’ compensation law.

Benefits Recovered for Repetitive Motion Carpal Tunnel Syndrome in Office Worker

When our client was diagnosed with carpal tunnel syndrome, she was not aware that the repetitive motion of keyboarding on her computer at the office every day over a period of years could be the cause – and that she had the right to workers’ compensation benefits – until a friend convinced her to contact us.

Benefits Recovered for Dust, Dirt, Fumes at Work That Caused Chronic Bronchitis

Breathing in excessive dust, dirt and fumes – especially those that can be toxic to the lungs – over a period of years can cause chronic bronchitis and emphysema. Now retired and suffering from chronic bronchitis, and prodded by his wife, our client asked his doctor whether his work environment could have caused his condition.

$75K

$75,000 to Technician for Grease Burn Injury

Burns often leave emotional, as well as physical scars. When burning grease splashed our client, a fire safety technician, our workers’ compensation lawyers won benefits for him.

Carpenter Hired by Friends for Renovation Covered by Workers’ Compensation

When friends hired a master carpenter to renovate their historic home and make various other improvements to their property, and he was seriously injured from a fall, the insurance company said that he was an independent contractor and refused to cover him as an employee.

$250K

$250,000 for Widow in Workers’ Compensation Case

The widow of a delivery driver for a local company was awarded $250,000 in widow’s benefits in a Workers’ Compensation case.

Types of Workers’ Compensation Disability Benefits in New Jersey

Every employer in New Jersey, with certain limited exceptions, must pay for workers’ compensation insurance, which provides two key types of benefits to employees who cannot work due to a disability sustained on the job.

The first type is medical benefits, which pay for the medical care needed to treat the disabling condition. These benefits cover expenses such as hospital stays, doctor’s visits, and prescription medications.

The second type is wage replacement benefits, which offset a portion of lost wages when injured or disabled employees are forced to miss work. In New Jersey, the value of your wage replacement benefits is based on your average weekly wages before you sustained the workplace injury or occupational illness.

Depending on the severity of your condition, you may be entitled to one or more of the following wage replacement benefits:

Temporary total disability (TTD) benefits

You can recover TTD benefits if an occupational condition leaves you unable to return to work for more than seven days. Your weekly TTD benefit payments are typically equal to 70 percent of the average weekly wage (AWW) you earned at the time of your injury. However, statutory minimum and maximum benefit rates apply statewide. TTD benefits are available until you return to work, reach maximum medical improvement (MMI), or have received payments for 400 weeks, whichever is sooner. If you are cleared to return to work but can only accept light-duty or part-time jobs that pay less than you previously made, you could claim partial TTD benefits that cover a portion of the difference between your pre- and post-disability wages.

Permanent partial disability (PPD) benefits

Once you reach MMI – the point at which your condition is not expected to improve with additional treatment – your doctor will conduct an examination to determine whether you have any permanent disabilities. If you do, they will evaluate the extent of the disability and its potential impact on your working capacity. If you are permanently disabled but still capable of working in some capacity, you could be entitled to PPD benefits. The value of PPD benefits is based on your pre-injury wages, affected body parts, and level of impairment. PPD benefits are available for up to 600 weeks.

Permanent total disability (PTD) benefits

If a work-related injury or illness completely prevents you from earning wages doing any type of work, you may be entitled to PTD benefits. These benefits also typically equal 70 percent of your pre-injury AWW, with the same statewide minimum and maximum rates as for TTD benefits. PTD benefits are available for life. However, after 450 weeks, recipients must undergo evaluations to prove that they are still unable to earn a living, even with physical or educational rehabilitation. Certain types of severe injuries, such as the loss of major body parts like the eyes, hands, or feet, automatically qualify as permanent and total disabilities.

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.

If you are suffering from a long-term or permanent disability after sustaining a workplace injury or occupational illness in New Jersey, you may be entitled to benefits to help you financially while you heal. The knowledgeable workers’ compensation disability attorneys at Pellettieri Rabstein & Altman can guide you every step of the way as you demand the benefits you are owed.

105

Combined Years Experience of Lawyers

100%

Kinds Of Comp Cases We Handle

Certified Workers’ Compensation Law Attorneys

We have won thousands of cases over the years and many of those matters have shaped case law and expanded workers’ rights. Our reputation and successes are why four out of every five of our clients are recommended by friends, family members, coworkers, union members, and even other lawyers.

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Examples of Common Disabilities New Jersey Workers’ Compensation Covers

Here are a few examples of common work-related injuries, illnesses, and conditions that can result in disabilities that are covered by New Jersey’s workers’ compensation system:

Traumatic brain injuries (TBIs), such as severe concussions or penetrating injuries, which can lead to substantial and permanent cognitive disabilities
Spinal cord injuries (SCIs), which can lead to partial or total paralysis and the effective loss of the use or sensation of certain body parts or regions
Amputations, burns, and crushing injuries, which can lead to the loss of diminished control of major body parts, including eyes, arms, hands, legs, and feet
Serious occupational illnesses, such as black lung disease from coal dust exposure and mesothelioma from asbestos exposure
Repetitive stress injuries (RSIs), such as chronic tendonitis, severe back pain, carpal tunnel syndrome, and other conditions caused by cumulative work trauma
Hearing loss, which commonly affects workers in noisy environments
Occupational stress-related conditions, such as post-traumatic stress disorder (PTSD) and other psychological conditions from traumatic work events and environments

Filing for New Jersey Workers’ Compensation Disability Benefits

As soon as you know or suspect you have sustained a work-related injury or illness, you should take the following steps to protect your eligibility for workers’ compensation disability benefits:

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 in New Jersey Workers’ Compensation Disability Case

If you file a claim for workers’ compensation disability benefits in New Jersey, it is crucial to keep the following deadlines in mind:

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 Denied or Undervalued NJ Workers’ Compensation Disability Claims

If you disagree with any aspect of your claim determination, you have the right to file an appeal. You can appeal a decision that did not award the full benefits you are owed or one that denied your claim outright.

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

Other Potential Sources of Disability Benefits for Injured Workers

While workers’ compensation disability benefits provide substantial relief when you need it most, they will not completely replace lost wages or compensate you for the pain and suffering you have experienced. Depending on your circumstances, you may be entitled to additional disability benefits from other sources, such as:

A third-party personal injury lawsuit

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.

Social Security Disability Insurance (SSDI)

SSDI benefits come from a federal program to help workers with long-term or permanent disabilities. To receive SSDI benefits, you typically need to show that you have a qualifying disability and that you have earned a certain number of work credits by contributing to the Social Security system during your working years.

Private short-term disability (STD) insurance

If you are covered by private STD insurance, the policy can protect your income by paying you monthly benefits when you are out of work for a short time. STD insurance is provided as a group coverage benefit by many employers.

Private long-term disability (LTD) insurance

If a private LTD insurance policy covers you, you could be compensated for lost income if you are out of work for many months or longer. You can purchase a private LTD policy individually or through an employer’s group plan.

person receiving therapy for injured arm

Get Help from Our New Jersey Workers’ Compensation Disability Attorneys

The law firm of Pellettieri Rabstein & Altman provides compassionate and effective representation to injured and disabled workers throughout New Jersey. Contact us today for a free initial case review to learn how we can advocate for your rights