Frequently Asked Questions About Workers' Compensation
Under the law, most workers in New Jersey are covered by their employers' workers' compensation insurance in the event of an accident that results in medical costs and lost time from work. If you have suffered an injury on the job, dealing with the workers' compensation system can be confusing and frustrating, particularly if your legitimate claim was turned down because of a minor technicality.
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The Seigel Capozzi Law Firm LLC is ready to help you get the workers' comp benefits you and your family are counting on. Whether you have just been injured or are trying to appeal a denied claim, our experienced attorneys can help. We can also help determine whether a third party may be held liable for paying you additional compensation for your injuries.
We invite you to read some of the typical questions our clients ask about workers' compensation (sometimes called "workman's compensation") and third party claims. If you think you have a legitimate claim for benefits, contact us to arrange a free consultation.
I was injured at work. Why won't workers' compensation kick in automatically?
It is up to the injured worker to file a claim. Your employer is required to file an accurate report but many won't do anything more to help you get the benefits you need. After all, your claim may mean a rise in their workers' comp insurance rates.
My initial claim was denied. Now what?
It is frustrating to know that a large percentage of initial workers' comp claims are denied, often for the smallest technicality. Our firm handles everything, from gathering initial accident reports and medical records to arguing your case before the insurance board, if necessary. We handle initial claims and denied claims, no matter how far along you are in the process.
Won't I end up paying my benefits to a lawyer?
No. Under the law, an attorney can only charge up to a certain percentage of your benefits for fees. You can never come out behind.
What if the accident was partially my fault?
Under the law, if you were injured at work, you are entitled to apply for benefits. We will fight hard for every dollar you and your family need.
What type of benefits am I entitled to receive?
Your benefits can come in the form of a bi-weekly check based on your average weekly earnings for the year, or in the form of direct payments to a medical specialist. You may also accept a lump sum cash payment. We can help you sort out your options and determine what is most important for your long-term needs.
When can I return to work?
Your doctor will sign off on return to work when you have reached maximum medical improvement. That doesn't mean you are 100 percent healthy. It only means that your doctor doesn't believe you will see further improvement. We work with your doctor to ensure you are not returned to work too early. You are entitled to a second opinion, as well.
A subcontractor was directly responsible for the accident? Can I sue?
In many cases, yes. Although you give up your right to sue your employer in most cases, you can seek additional damages from a third party who was negligent and responsible for the accident. It's important to work with a law firm that has experience in workers' compensation and personal injury litigation.
How much will it cost to hire your firm to represent me?
We offer a free consultation to discuss your workers' compensation claim. If we represent you, we will not charge attorneys' fees unless you receive benefits or a cash settlement. Our fees and other expenses will be based on a percentage of your benefits. There are typically some court expenses that you will be responsible for. We will discuss the cost and fee structure during your initial consultation.
What should I expect to happen during my lawsuit?
There is no such thing as a cookie-cutter workers' compensation claim. Every case is different, and it is not easy to determine whether a case is likely to result in compensation under New Jersey law. It is important to discuss your accident with an experienced lawyer.
What kind of experience does Seigel Capozzi Law Firm LLC have in the area of workplace injury claims?
We were founded in 1976. We have been successfully handling workers' compensation and third party claims for many years. We have access to the top medical professionals and experts to help prepare a strong, clear case for benefits.
Seigel Capozzi Law Firm LLC attorneys focus on one thing — your rights. Contact our offices to arrange a free consultation to discuss your case with one of our trial lawyers today. From our offices in Ridgewood, we represent clients in the Passaic, Bergen and Hudson County regions, and throughout northern New Jersey.
