Frequently Asked Questions About the Workers’ Compensation Process
in New Jersey and Pennsylvania
When you’ve been hurt on the job, you have a right to seek workers’ compensation benefits under New Jersey and Pennsylvania law. The process can be confusing, though. You may have many unanswered questions about how you get the benefits to which you are entitled.
At the law office of Aronberg, Kouser, Snyder & Lindemann, P.A., we bring more than 35 years of experience to personal injury victims in New Jersey and Pennsylvania. During our years in practice, we have successfully represented thousands of personal injury victims, including people who have been hurt in the workplace.
Workers’ Compensation FAQ
Q: What is workers’ compensation and what benefits can I get?
A: Workers’ compensation laws provide a streamlined way for injured workers to obtain monetary benefits after a work-related injury. Workers’ compensation laws represent a tradeoff for workers and employers. Because the law establishes specific dollar-amount benefits for specific types of injuries, employers do not have to worry about a high jury damage award. Workers benefit as well because they don’t have to file suit in court and incur the lost time and expense that comes with a lawsuit.
Workers’ compensation benefits include:
- Medical benefits — An employer must pay all reasonable medical expenses for the statutory period or until the employee reaches maximum medical improvement.
- Temporary benefits — A worker who has been excused from work for more than seven days on the orders of an authorized physician is entitled to 70 percent of average weekly wage, subject to a state maximum, either for the statutory period or until he/she returns to work.
- Permanency benefits — A worker whose injury is considered permanent receives a specific dollar amount as set forth in the workers’ compensation statute.
Q: What if my employer refuses to pay workers’ compensation benefits?
A: If an authorized doctor finds that you need medical treatment for a work-related injury and/or that you cannot work because of a work-related injury, you can file a motion in court for temporary benefits. The court will review the facts and determine whether treatment or benefits will be ordered.
Q: What steps should I take first after a work-related injury?
A: The most important thing you want to do is report your injury as soon as possible. The sooner you report the injury, the sooner you are likely to start receiving benefits. You also want to contact a lawyer as quickly as you can so that you have the best chance of gaining timely approval of your claim.
Q: Can I be fired for filing a workers’ compensation claim?
A: No, not specifically. The law prohibits termination of an employee for filing a legitimate workers’ compensation claim. You may be terminated if it can be shown that your claim was fraudulent.
Q: When I file a workers’ compensation claim, am I suing my employer?
A: Technically, no. Workers’ compensation claims are not filed in court, but are administered by a state agency. Furthermore, it’s typically your employer’s workers’ compensation insurance carrier who has the responsibility to pay your benefits.
Q: How is a workers’ compensation dispute resolved?
A: If you believe that you have a valid claim, but your employer (or the workers’ compensation insurance provider) disagrees, your claim will typically go before a workers’ compensation judge. Workers’ compensation claims do not go before juries.
Contact Aronberg, Kouser, Snyder & Lindemann, P.A.
For a confidential meeting, contact us online or call our office at 856-429-1700 (toll free at 888-652-5380). Your first consultation is free of charge.
We handle all workers’ compensation claims on a contingency basis. We won’t charge any attorney fees unless we recover compensation for your losses.
