Workers' Comp Law Firm in New Jersey
Seasoned Work Injury Attorney Pursues the Financial Resources Needed by Injured Employees Throughout NJ
When workers in New Jersey suffer injury or illness due to their work, the state’s workers’ compensation system guarantees them certain defined financial benefits to help those workers with their recovery so that they can hopefully get back to work. Unfortunately, too many workers who have suffered work-related injuries and illnesses face denials and delays of critical benefits from their employers and their employers’ workers’ compensation insurers. A New Jersey workers’ compensation lawyer can help you cut through the red tape to get the benefits you need.
For nearly 30 years, work injury attorney Daniel Santarsiero, Esq. at New Jersey Workers Compensation Lawyer of JFM Law has fought to protect the interests of employees throughout New Jersey who have suffered work-related injuries and occupational illnesses. We know the lengths that employers and insurers will go to avoid having to pay the full benefits that an injured or ill worker is entitled to under the law. Turn to our firm for legal assistance to get each and every benefit you need and deserve.
If you have been hurt at work, you deserve to receive workers’ compensation benefits to assist you in your recovery from your injuries. When you need help getting benefits from your employer, reach out to Daniel Santarsiero, Esq. at New Jersey Workers Compensation Lawyer for a free initial case review to discuss your legal rights and options with a New Jersey workers compensation lawyer from our firm.
Hear From Our Happy Clients
At Daniel Santarsiero NJ Workers' Compensation Lawyer, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Hard Work & Dedication"Very professional and hardworking group of lawyers. They work hard to get you the best outcome for your cases. Excellent customer service and always current and prompt with material that relates to your case.- Zalana K.
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"A Great Experience!"I have had nothing but great experiences working with Daniel Santarsiero on several comp cases.- Larry W.
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"Highly Recommend!"He always took the time to answer all my questions and thoroughly explain what was happening next. I would highly recommend him!!!!!!- Barbara A.
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"He is Amazing!"He is amazing! Not only did he answer all my questions, but he also broke down my case in terms that I would understand.- Amanda A.
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"A Blessing!"He sure will go to bat for someone he believes in. I would recommend him over and over again.- Eileen H.
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"Very Satisfied!"I wasn't really expecting to get anything so im very satisfied with the results, would highly recommend as a legal representative.- Lucas Vieira A.
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"Definitely Recommend!"I would have never been able to navigate all the twists and turns of the process. Thanks to Dan everything was 100% successful. I highly, highly recommend Dan.- Russ D.
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"The Best Results!"He resolved any concerns and concluded the case within a reasonable amount of time with positive results.- Stephen C.
When Can You Get Workers’ Comp?
In New Jersey, workers’ compensation is available for any employee who suffers an injury or develops an illness due to occupational exposure in the course and scope of employment. Under the state’s workers’ compensation law, all employers not subject to any federal workers’ compensation law, who have at least one employee (except for partnerships, LLCs, or sole proprietorships whose only workers are the owners/partners/members) are required to provide workers’ compensation benefits to eligible employees. Employers can fulfill their obligation to provide workers’ comp either by purchasing a qualifying insurance policy or by being certified by the state to self-insure for workers’ compensation.
All employees, including part-time, seasonal, and under-18 employees, may receive workers’ comp benefits for a work-related injury or illness. An injury or illness need not have occurred on the employer’s premises. Injuries or illnesses that occur off the employer’s premises may still qualify for workers’ comp if the injury or illness occurred in the course and scope of the worker’s employment. For example, injuries or illnesses that occur while visiting a client site or traveling for the employer’s business may be eligible for workers’ comp. Workers’ comp benefits may also be provided for a work injury or illness that occurs off-hours on the employer’s premises.
An employee may also be entitled to obtain workers’ comp benefits after suffering an aggravation of a pre-existing injury or medical condition in the course and scope of their job.
Types of Workers’ Compensation Cases We Handle
Turn to New Jersey workers compensation lawyer Daniel Santarsiero, Esq. at New Jersey Workers Compensation Lawyer of JFM Law if you need help with a workers’ compensation claim involving:
- Providing your employer with notice of your work injury or occupational illness, including helping you through any claim paperwork from your employer or its workers’ compensation insurer or administrator
- Negotiating with employers and insurers for payment of full workers’ comp benefits guaranteed by law
- Claim petitions filed with the Division of Workers’ Compensation to challenge employer/insurer denials of workers’ comp claims
- Claim petitions to challenge the amount of benefits being paid or to challenge an employer’s/insurer’s termination of workers’ comp benefits
- Appealing an adverse decision by a workers’ compensation judge to the Appellate Division of the New Jersey Superior Court
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 934-200-5372 today!
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Can you collect workers’ compensation and retirement benefits?If you retire while on workers’ compensation, you may still be entitled to certain workers’ comp benefits. For example, workers’ comp will continue to pay for all reasonable and necessary medical treatment. While temporary wage replacement will cease if you retire, since retirement means you have no intention of returning to work, you are still able to collect permanent disability benefit payments while retired.
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Does a workers’ compensation settlement affect Social Security disability benefits?Yes. New Jersey is considered a “reverse offset” state. Unlike most other states where workers’ comp benefits may be reduced to the extent that a disabled worker is also receiving Social Security disability benefits, in New Jersey workers’ comp benefits are used to offset the Social Security disability benefits that a worker would receive. Although New Jersey law does not consider workers’ comp settlements to be compensation benefits, the Social Security Administration does offset settlements against disability benefit payments.
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Can you get unemployment after filing for workers’ compensation?While you cannot collect unemployment and workers’ comp benefits at the same time, you may be able to file a claim for unemployment benefits (if you have been terminated from your job for an eligible reason) after you have fully recovered from a work injury or illness and no longer receive workers’ comp benefits.
What Workers’ Comp Benefits Can You File a Claim For?
If you have suffered a work-related injury or illness, workers’ compensation can provide you with certain financial benefits, including:
- Payment of all reasonable and necessary medical treatment, rehabilitation, and pain management for the work-related injury or illness.
- Temporary disability benefits, which provide partial replacement of lost wages if you cannot work while recovering from a work injury or illness, or if you experience a reduction in your income due to working part-time or in an alternative position because of a work injury or illness
- Permanent partial disability benefits, which provide financial payments that are based on your pre-injury/illness wages as well as the type and severity of your disability
- Permanent total disability benefits, which continue partial wage replacement for as long as you are unable to work in any employment
- Death benefits, which provides partial wage replacement and reimbursement of funeral/burial costs for the surviving family of a worker who dies because of a work-related injury or illness
Pursuing Third-Party Personal Injury Claims After Filing for Workers’ Compensation
Under New Jersey’s workers’ compensation system, you are typically limited in seeking compensation from your employer to filing a workers’ comp claim. This is because, in exchange for your right to file a personal injury claim against your employer, you are guaranteed certain financial payments for a work-related injury or illness without the need to prove that your employer had any fault for your injury or illness.
However, in addition to filing a workers’ compensation claim with your employer, you may also be entitled to pursue a personal injury claim against third parties who have liability for your causing your injury or illness. Examples of situations where you may be eligible to pursue a third-party personal injury claim include:
- You were injured by a subcontractor
- Your injury or illness was caused by a dangerous or defective product, such as tools, equipment, machinery, or substances or materials that you were exposed to in your work
- You were injured due to a defective or unsafe condition of someone else’s property that you were visiting in the course and scope of your work, such as slipping and falling on ice at a client site
- You were injured by a negligent motorist while driving somewhere in furtherance of your work duties, or while on an out-of-town work trip
Injured workers may pursue both workers’ compensation claims and third-party personal injury claims. However, any financial recovery that an injured worker obtains in a third-party personal injury claim may be subject to a lien filed by the worker’s employer or the employer’s workers’ compensation insurer, with the money used to reimburse the employer or insurer for some of the workers’ comp benefits that have been paid for a work-related injury or illness caused by a third party. This rule prevents a worker from obtaining a “double” recovery of lost wages or medical expenses.
Even though compensation in a third-party personal injury claim may be used to reimburse an employer or its workers’ compensation insurer, an injured worker should still pursue a third-party injury claim to recover for losses that are excluded from workers’ comp benefits, such as:
- Pain and suffering
- Emotional trauma and distress
- Reduced life expectancy
- Loss of enjoyment and quality of life because of permanent disabilities or disfigurement/scarring
- Loss of consortium