Monmouth County Workers’ Compensation Lawyers

Navigating the Workers’ Compensation process can feel overwhelming when you sustain an injury or contract an illness due to your work. While Workers’ Compensation programs are designed to protect employees, you may encounter bureaucracy and red tape that make it difficult to secure the benefits you deserve.

Our Monmouth County Workers’ Compensation lawyers at Lombardi & Lombardi, P.A. have years of experience helping clients demand the Workers’ Compensation they are entitled to after an on-the-job injury. We understand New Jersey Workers’ Compensation laws and will advocate for you throughout the process.

What Is Workers’ Compensation and Why Does It Matter?

The Workers’ Compensation system provides benefits to employees who suffer job-related injuries or illnesses. These benefits cover medical expenses, lost wages, and, in some cases, vocational rehabilitation. Unlike personal injury claims, Workers’ Compensation does not require proving fault, meaning you can still qualify for benefits even if your actions contributed to the accident.

Employers also benefit from this system, as employees typically waive the right to sue in exchange for benefits. This no-fault system allows workplace injury claims to be resolved more efficiently.

High-risk industries like construction, manufacturing, and healthcare see a higher number of Workers’ Compensation claims due to the nature of their work.

When Should You File a Workers’ Compensation Claim?

If you suffer a work-related injury or illness, you should take immediate action to protect your right to benefits. New Jersey law requires you to notify your employer within 90 days of the injury for your claim to be valid. Waiting too long to report your injury could jeopardize your claim.

Additionally, you generally have two years from the date of your injury or the date you last received compensation for that injury to file a formal claim petition with the New Jersey Division of Workers’ Compensation. If you miss this deadline, you may lose the right to pursue benefits.

For injuries or illnesses that develop over time—such as repetitive stress injuries or occupational diseases caused by exposure to toxic substances—the two-year period starts when you knew or reasonably should have known that your condition was work-related.

What Challenges Might You Face During the Process?

Workers’ Compensation claims often face scrutiny from insurance companies looking to minimize payouts. Common challenges include:

• Claim Denials: Insurers may argue that your injury is not work-related or that you failed to report it in time.
• Medical Disputes: The insurance company may challenge the severity of your condition or whether certain treatments are necessary.
• Employer Retaliation: Although illegal under New Jersey law (N.J.S.A. 34:15-39.1), some employers may pressure injured workers to return before they are fully recovered or even retaliate against them for filing a claim.

Can You Pursue Other Legal Options Besides Workers’ Compensation?

In most cases, Workers’ Compensation is the exclusive remedy for work-related injuries, meaning you cannot sue your employer for additional damages. However, there are exceptions:

• If a third party (such as a contractor or equipment manufacturer) caused your injury, you may be able to file a personal injury lawsuit against them.
• If you were hurt due to defective machinery, you may have grounds to sue the manufacturer.
• If you were injured in a work-related car accident caused by another driver, you may pursue a personal injury claim against the at-fault driver.

How Does Workers’ Compensation Differ from Other Employee Protections?

Workers’ Compensation specifically provides financial and medical benefits for job-related injuries and illnesses. Other employment laws, such as anti-discrimination regulations and wage protections, serve different purposes but may intersect with Workers’ Compensation cases.

For example, if an employer retaliates against an employee for filing a Workers’ Compensation claim, they could be violating additional workplace protection laws. If you suspect wrongful termination or retaliation, you may need legal representation beyond your Workers’ Compensation case.

What Are Common Workplace Injuries Covered by Workers’ Compensation?

Workers’ Compensation covers a wide range of injuries and illnesses, including:

• Slip and fall injuries
• Repetitive stress injuries (e.g., carpal tunnel syndrome)
• Back injuries from lifting
• Exposure to harmful substances leading to conditions like lung disease or cancer

In some cases, Workers’ Compensation may also cover psychological injuries, such as Post-Traumatic Stress Disorder (PTSD). However, these claims require strong medical evidence linking the condition to a specific work-related event.

What Should You Look for in a Workers’ Compensation Lawyer?

If an insurance company or employer disputes your claim, having the right lawyer can make all the difference. When choosing a Workers’ Compensation lawyer, look for someone who:

• Has extensive experience handling New Jersey Workers’ Compensation cases.
• Understands the unique challenges Monmouth County employees face.
• Communicates clearly and keeps you informed throughout the process.
• Develops a strong strategy to maximize your benefits.

Recover from Your Workplace Accident with the Monmouth County Workers’ Compensation Lawyers at Lombardi & Lombardi, P.A.

If you need to file a claim for a workplace injury, the Monmouth County Workers’ Compensation lawyers at Lombardi & Lombardi, P.A. are ready to help. Call us at 732-906-1500 or fill out our online form for a free consultation. With office locations in Brick, Freehold, and Edison, New Jersey, we proudly serve clients throughout the state, including Point Pleasant.