Understanding the 2020 Workers’ Compensation Rates in New Jersey

When you decide to calculate permanent and disability benefit rates in the state of New Jersey, there are things you need to consider. These include gross wages percentage, the maximum weekly benefit rate, and the minimum weekly benefit rate. In 2020, the percentage of gross wages has remained constant, while the maximum and minimum weekly benefit rate has increased. If you sustain an injury while working, you are entitled to seeking assistance from a workers’ compensation attorney.
Your disability benefits will be determined using 70 percent of the gross wages. If you earn $2,000 per week, the disability benefits will be capped at $1,400. The 70 percent has been used in the state of New Jersey for a long time, and it is likely not changing this year.
Still, if you earn more than $1,350 in 2020, the disability benefits will increase from $921 to $945. Also, if you earn $360 and below, you will be entitled to get $252 in benefits. It shows an increase from last year’s minimum disability benefit rate.

Are You Eligible to Temporary or Permanent Disability Benefits If You Get Injured While Working?

According to New Jersey law, how will you understand that you are eligible for temporary or permanent disability benefits? You will not get the answer from your employer and the workers’ compensation insurance company. Also, they will not assist you if you don’t know your legal rights. While several employers have to pay workers’ compensation benefits as stated by the regulations, most employees will find collecting the benefits challenging even if they are eligible.
In the end, knowing whether you are eligible for temporary or permanent disability benefits is a process that you will have to take on alone or if you work with a professional New Jersey workers’ compensation lawyer. Generally, to qualify for permanent and temporary disability benefits, here are the conditions:
Temporary Disability Benefits: You might be entitled to these benefits if you can prove that you can’t work for seven days or more as a result of an injury caused while at work.
Permanent Total Disability Benefits: You might be entitled to these benefits if you can’t work in any job for 450 weeks or more because of an injury caused while at work
According to New Jersey Law, there will be payment of permanent partial disability benefits in situations where you’ve sustained a permanent injury but can work some jobs. Unlike the permanent and temporary disability benefits, the permanent partial benefits will be calculated, considering the injury and location’s nature.
If you seek legal representation or have questions after sustaining a job-related injury in New Jersey, visit https://www.schibelllaw.com/workers-compensation-attorney-new-jersey/ to book a free consultation with experienced attorneys. There are situations where some insurance firms and employers will want to pay as little as possible. Not only will you be denied what you deserve, but you may not recover fully. These situations will require you to work with a workers’ compensation attorney. Schibell & Mennie, LLC will assist you in understanding your options when you are injured. Also, you get the chance to recover lost wages and deal with medical expenses.

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1806 Highway 35 South Oakhurst NJ 07755,
7327741000

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Do You Need a Lawyer to File for Workers’ Compensation in New Jersey?

Accidents are devastating occurrences. They can leave you with minor injuries or life-changing ones. Work-related injuries also have this effect as they can make you incapable of carrying out your regular tasks. When this happens, the best course of action is to hire a workers’ compensation attorney who will help you get the necessary compensation for your condition. Some people do not see how important these professionals are and how they can help them get adequate compensation. But below are some reasons to:

It Is a Complex Case

Although it is pretty clear that you sustained a work-related injury; however, getting the workers’ compensation benefits is not a piece of cake. If you have workers compensation insurance, you will need to deal with the insurance company, which can be tough. Hiring a workers’ compensation attorney not only saves you from all this stress, but it also helps you navigate the complexities of the case. In the case where your claims were denied by either your employer or the insurance company, your lawyer will help you with the necessary steps to take your claim to court.

You May Make a Mistake that Jeopardises Your Case

When filing for workers’ compensation claims, you must be aware that it is a legal procedure that requires you to pay attention to details. In order to do this, you must also have a good understanding of the case. To avoid ruining your case due to a lack of understanding, you should hire a highly experienced attorney to guide you through the process. Some of the mistakes you could make in this case are late submission of the notice of claim, not submitting the right notice of claim, failure to provide evidence, not getting the necessary medical records, settling for less, and many more.

There Are Other Sources of Financial Recovery

Although workers’ compensation is a great source of financial recovery after an injury, it is not the only source. In the case where someone else is responsible for injury, you will need a lawyer to file a personal injury claim for additional compensation.

It Is Not Expensive

Unlike the widespread belief that hiring an attorney for your workers’ compensation claim is expensive, not hiring is more costly. A good lawyer should be able to save you from the financial inconvenience that comes with accident cases. Some Workers’ compensation attorneys represent their clients on a contingency fee basis. Here, you get to pay only after a successful case. According to New Jersey Law, the contingency fee in workers’ compensation cases are usually 20% of the settlement.

You May Not Get a Second Chance

When filing a workers’ compensation claim, you should have in mind that this might be the only opportunity you have to make things right. In order to avoid the regrets that come with accepting little settlement or making mistakes and having your claim denied altogether, you are advised to hire a workers’ compensation lawyer.

To know more about this, visit https://www.schibelllaw.com/workers-compensation-attorney-new-jersey/

Schibell & Mennie, LLC
Phone number: 7327741000
Address: 1806 Highway 35 South Oakhurst NJ, 07755

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When Does Workers’ Compensation Cover Construction Workers in New Jersey

If you are a construction worker in New Jersey, you’re more exposed to injury than workers in other fields. Construction workers in New Jersey are, therefore, entitled to be compensated if they’re injured in the course of working. However, you must understand when you’re entitled to such compensation and when you’re not. Perhaps, you just got injured at work, and you’re expecting to be compensated only for you to be denied on what you think is your right. Now, you want to know what your workers’ compensation covers as a construction worker in New Jersey. Knowing this will help you to know when you are entitled to be compensated, and in the absence of such compensation, you can proceed to hire a workers compensation attorney. Maybe your employer already explained the reason for the denial, but you still need further confirmation. Hence, if you’re a construction worker in New Jersey, in the course of any of the following, you’re entitled to a workers’ compensation.

Your Employment Status

If you’re a construction worker in New Jersey, you’re entitled to workers’ compensation. However, “independent contractors” are not entitled to such payment. There are construction workers who are classified as employees, and there are those who are not. Therefore, you need to know under which category you fall. Now, how do you know whether, as a construction worker, you’re classified as an employee or not? If social security services taxes are being removed from your paychecks, and at the end of the year, you get a W-2, then you’re classified as an employee. Therefore, you’re entitled to workers’ compensation. If, on the other hand, you don’t receive W-2, but instead you get 1099, then you are not an employee but an independent contractor. In New Jersey, independent contractors are not entitled to workers’ Compensation.

It Covers All Job-related Illnesses And Injuries

If you’re entitled to workers’ compensation, you should be compensated whenever you’re injured at work, or you fall sick. As long as the injury occurred at your workplace or while you’re on an official duty even off your workplace, then you’re entitled to compensation.

You Are Entitled To A Compensation Whether Your Injury Is Temporary Or Permanent

It doesn’t matter whether your injury is temporary or permanent; as long as you’re a construction worker in New Jersey, you’re entitled to workers’ compensation. While some construction-related injuries will heal within a short term if they get quality medical treatment, some may be permanent. However, some construction workers think they are not supposed to demand their compensation because their injury is not life-threatening. Nevertheless, it is your right to be compensated whether the injury is life-threatening or not.
If you fall under the categories explained above, and your workers’ compensation is still denied, you shouldn’t hesitate to hire a workers’ compensation attorney.
If you’re interested in learning more about workers’ compensation, you should check https://www.schibelllaw.com/workers-compensation-attorney-new-jersey/.

Name: Schibell & Mennie, LLC
Address: 1806 Highway 35 South Oakhurst, NJ 07755
Phone: 7327741000

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New Law Addresses Coronavirus and Workers’ Compensation in New Jersey

As an employee in the state of New Jersey, workers’ compensation insurance is available to you to provide compensation following an on-the-job injury or an occupational disease or illness that is related to workplace activities. However, whether claiming compensation for an accident or an illness, the burden of proof falls on workers to prove. This means that you must prove your injuries/illness are work-related and occurred during the course of employment. When it comes to contracting the coronavirus, though, a new piece of legislation may change that.

Bill Creates a Presumption That the Coronavirus Was Contracted at Work 

The legislation, New Jersey S2380, creates a presumption that any coronavirus infection that is contracted by an essential employee in our state, such as healthcare care workers, public safety workers, etc., is work-related. For the purpose of determining eligibility for benefits, such as workers’ compensation, this presumption would be essential in ensuring that employees are compensated. While workers’ compensation is specifically mentioned in the bill, benefits are not limited to workers’ compensation only.

One of the authors of the bill, Senator Linda Greenstein (D), told reporters, “If we are willing to define some of the lowest-paid members of our workforce as essential and ask them to put themselves at a higher risk, we must ensure that we provide them with the workers’ compensation benefits they deserve.”

The bill also creates a stipulation that if an employee misses time from work as a result of being exposed to or contracting the coronavirus, the time away from work will be considered ‘on duty’ time, and the employer will be prohibited from charging the employee any paid leave. The bill also defines “essential worker” and includes a provision that states that the legislation will be retroactive to March 9, which is when the governor signed the state of emergency.

Is the Legislation Effective Now?

The legislation is not yet in effect in New Jersey; however, it has been passed by both houses, and is now on its way to the office of Governor Murphy for consideration. Again, if it is signed into law, it will be retroactive beginning on March 9. This means that if you are an essential worker who contracted the coronavirus, you can bring forth a workers’ compensation claim against your employer for benefits, and there will be an automatic presumption that the virus was contracted at work.

Call Our Experienced Workers’ Compensation Lawyers Today

If you have questions about S2380 and your rights if you contract coronavirus and are an essential worker, as well as your rights if you contract the virus and are not an essential worker, please do not hesitate to call our experienced New Jersey workers’ compensation attorneys at the law offices of Schibell & Mennie, LLC. Our lawyers can represent you during your workers’ compensation claim, and we will aggressively advocate for your right to compensation. Please call us today or send us a message telling us more about how we can support you, and we can review your case free of charge and provide you with more information about how the new legislation may affect your right to benefits.

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What To Do If Your Employer Denies You Your Workers’ Compensation

Did you get injured at work, and you were denied your workers’ compensation? Maybe you proceeded to treat yourself, but you can’t afford the medical bills anymore, and you need someone to help? If that’s the case, there are some simple steps you need to take to get your workers’ compensation. Some employers care less about your wellbeing. Even when you’re still battling with your health as a result of the injury you sustained at the workplace, they might force you to return to work or risk losing your job. Now, you’re in the middle of choosing between your health or your job security. That’s not fair enough, and that’s why you should hire a Workers compensation attorney to help you out. Below are what you need to do if your employer denies you your workers’ compensation:

File a Formal Claim Petition In Your State

It is your right to be compensated when you are injured at the workplace. Also, your employer should not force you back to work until your doctor approves that you are sound enough for that. If your employer refuses to grant your compensation, the first thing you should do is to file a formal petition in your state. If you work in New Jersey, for instance, you should file your petition with the New Jersey Division of Workers’ Compensation (DWC). If you do that, and the DWC still takes side with your employer, you should proceed immediately to appeal in the court.

Appealing In The Court

This is where you need the service of a Workers’ compensation attorney. If you want to appeal your case in court, it is not advisable to handle it yourself. You should instead hire an experienced workers’ compensation attorney to do that for you. Once you hire them, you’ll be required to explain how the injury occurred, and what steps you have taken so far to get your compensation. With such vital information, they will be able to build a strong case against your employer and charge them to court. If you hire the right attorney to handle your case, just relax and watch them fight for you. If your employer finally decides to offer you your compensation before you take the case to court, you should let your lawyer deal with them. This is important so that you get your full compensation.
If you can follow these simple tips, you should be able to get your workers’ compensation from your employer. You can also check https://www.schibelllaw.com/workers-compensation-attorney-new-jersey/ in case you need more information about things to do when your employer denies you your workers’ compensation.

Name: Schibell & Mennie, LLC
Address: 1806 Highway 35 South Oakhurst, NJ 07755
Phone: 7327741000
Website: https://www.schibelllaw.com/

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Everything You Need to Know About Settling a Workers Compensation Case in New Jersey

It is important that you’re weighing all your options before you can think about settling your workers’ compensation case in New Jersey. There are situations where a settlement will not be in your best interest even if you prefer a lump sum payment. You should get in touch with a worker comp lawyer so that you’re aware of the best options before making a decision.

What is Workers’ Compensation?

You might have probably heard of workers’ compensation settlement when you got injured in the line of work. There will be certain benefits that you’ll have to give up on in exchange for a lump sum of money. The rules on how much you can get as compensation will be different from one state to another. The settlements can also be paid monthly. In New Jersey, there are two laws that govern the payment of settlements, and they include Section 20 settlements and section 22 settlements.

Section 20 Settlements

When the insurance company disputes or refuses your claim entirely, you can opt for a section 20 settlement. With this kind of settlement, you get everything in the form of a lump sum payment. You might have to give up your risks and benefits because of the payment. It will be impossible to reopen the claim once the settlement has been issued. That is why it is important that you examine all the options before you agree to such a settlement. Once the insurance company has accepted the claim, section 20 settlements will no longer be available.

Section 22 Settlements

As opposed to section 20 settlements, all the workers’ compensation claims can be settled and this will include all the claims that have been accepted. When you agree to such a settlement, you’ll not have to give up on future medical care. Should the condition worsen, you’re allowed to reopen the claim so that you can seek the appropriate compensation. It should be noted that you’ll have two years from the last payment to open the claim.

When Can You Settle the Compensation Claim?

In New Jersey, you can settle the workers’ compensation claim at any time which is not the case for other states. Most people will wait until they’ve reached Maximum Medical Improvement before settling the claim. It is the doctor that will give the final say about your condition once he or she has determined that there are no further improvements that can be witnessed. You should never settle before your condition has stabilized as you could lose the claim.

How Much Will You Get in Settlement

Determining the exact amount that you’ll get for the claim is detailed and complicated. There will be a couple of factors that will determine what is fair in terms of compensation. Since you’re not in the best position to come up with the right figure, there will be no other choice but to reach out to a workers’ compensation attorney. For more information, you can check out http://www.schibelllaw.com/workers-compensation-attorney-new-jersey/

Schibell & Mennie, LLC
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Oakhurst NJ 07755
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Workers’ Compensation Amidst the Coronavirus Pandemic - Schibell & Mennie, LLC - Richard N Schibell

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