Important Workers’ Compensation Issues And Information

At the Law Offices of Richard A. Greifinger, we put compassion and service toward our clients ahead of all other priorities. We want you to be prepared for your workers’ compensation process, and we offer the following information to help guide your understanding of the process.

Your Benefits And Rights

  • You have the right to have all related medical bills paid, past and future. You should not have to receive collection letters for outstanding medical bills.
  • You have the right to receive temporary total disability benefits amounting to 70% of your gross weekly wages as long as you are out of work for over one week. This benefit cannot exceed a maximum amount set by law each year; in 2018 the maximum amount is $903 per week.

How We Help

  • The employer is not always able to give correct information concerning the proper workers’ compensation insurance company. Our first job is to confirm, through the New Jersey Compensation Rating Bureau, who is the correct carrier providing coverage for the day of the accident.
  • Next, we make immediate contact with the insurance company. You have the right to seek and receive proper medical attention, and we take all necessary steps to help you.
  • Getting the wrong accident date by relying upon a client’s mistakes can lead to many unpleasant consequences. We try to confirm the date through sources other than the worker’s memory, including personnel records.
  • We must show the injury occurred “in the course of employment.” A fall during lunch hour, off premises, usually will not qualify. A medical event totally unrelated to the employment might not qualify.
  • We must find the correct corporate entity. Some companies have affiliates or subsidiaries, and that could add to the confusion.
  • We make every effort to obtain authorized treatment. If the insurance company will not authorize treatment, we must take action with the court, and it is best to do so promptly.
  • We must find out about prior workers’ compensation awards and prior medical conditions.
  • We always consider whether there is a possible “third-party” case in addition to the workers’ compensation case, and make sure it is something that can be handled in the same jurisdiction, or whether an out-of-state attorney must be consulted.

Important To Remember Details

  • It is important that the worker give emergency medical personnel correct information about how and where the injury occurred.
  • Sometimes insurance companies are skeptical where the worker had prior injuries, a preexisting medical condition or an accident after the accident at hand. When that is the case, it is especially important that all doctors and therapists have a correct medical history including all other injuries or conditions. This avoids errors in their reports that could lead to a poor outcome in the workers’ compensation case.
  • It is important to get the full names of witnesses, or in the case of an unwitnessed accident, a supervisor or co-workers who learned of the accident shortly thereafter. If clients tell us “my boss was there when I hurt myself,” that does not mean it was properly reported. Notice must be given to someone in a supervisory position, and it is always necessary to get full and complete names of supervisors and eyewitnesses.
  • It is important for doctors to address work status, that is, to indicate whether the worker is unable to work, or to return to work on light-duty or limited capacity. Failure to get this will result in a loss of benefits.
  • It is important to document all body parts injured. Sometimes workers only tell hospital personnel about the most serious and pressing concerns. Adding body parts later on will result in all kinds of defenses. Some insurance companies will doubt that the new findings are related to the accident.
  • It is important to track the evolution of symptoms. Some symptoms do not manifest immediately. We must always make the best record possible, or the company may deny that the injury was work related.

Contact our firm today to get more in-depth information about us and our work for people in Newark and the rest of northwestern New Jersey by calling 973-242-1500.

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