What Is the Minimum Salary For New Jersey Workers to Receive Workers’ Compensation?

An experienced Workers´ Compensation team of attorneys will guide you all the way to get a fair outcome in your case.

What Is the Minimum Salary For New Jersey Workers to Receive Workers’ Compensation?Being injured on the job opens the door for a myriad of complex, often overwhelming questions. What is workers’ compensation?  If you are hurt at work, workers’ compensation is an insurance provided by your employer used to cover medical costs, rehabilitation (if necessary), and lost wages while you are recovering. Occupational hazards, temporary/total disability, permanent impairment, and death benefits are also covered.

Workers’ compensation began in the early 1900s and was available for federal workers only.  Later, each state would provide it for all employees, be they government or private employees. By the 1950s, all states had workers’ compensation laws on the books; however, as the programs are determined by the state government, the laws may differ according to the state in which you reside, including New Jersey and elsewhere across the United States. It is important to get all of the facts and be sure you are receiving the benefits you are entitled to.

Why Is Workers’ Compensation Important?

Employees are entitled to be covered under workers’ compensation because on-the-job injuries or work-related illnesses can be expensive, and proving negligence in court on the part of your employer is a tough row to hoe.  Workers’ compensation allows employees to receive financial assistance quickly.  It is well known that illness and injuries are unfortunately a frequent occurrence in the workplace, and this benefit provides economic support during the worker’s recovery. Business owners don’t have to fight a lawsuit for every workers’ injury because their employees are covered in terms of lost wages and medical treatment.

What Are the Kinds of Benefits Offered Through Workers’ Compensation?

Permanent Total Benefits are given when a worker, due to his or her injury or illness, is incapable of returning to work of any type due to their condition.  Permanent Partial Benefits are given when someone loses a limb or vital body part such as the eyes or incurs damage to a major organ.  Temporary Total Disability Benefits are given when a person is out more than seven days due to an injury or illness. For an injury or illness that is work-related but does not cause an extended physical debilitation, Medical Benefits such as medications, doctor’s appointments, physical therapy or chiropractic appointments, and hospitalization services, along with diagnostic tools such as ultrasounds, MRI’s, CAT scans, x-rays, and others.

What Are the Death Benefits Provided by Workers´Compensation?

No one wants to think about an accident or illness that leads to the death of a loved one but having a source of income after a tragedy can certainly put minds at ease. Death benefits start from the date of the employee’s passing.  Some benefits end later than others depending upon whether or not the worker qualifies for extended benefits.  The beneficiaries include the spouse, a dependent child, a dependent grandchild, or the deceased’s parents when there are no other beneficiaries.  There is also a burial benefit which pays between $4,000 and $12,000 depending upon the benefits obtained and state guidelines.

What is the Base Salary to Receive Workers’ Compensation and How Much Does It Pay?

What is the Base Salary to Receive Workers’ Compensation and How Much Does It Pay in NJ?To qualify for worker’s compensation, a person must earn a minimum of $34,320. For regular biweekly payments, workers’ compensation recipients receive 66% of their salary amount—a minimum of $34,320. In general, that would apply to the majority of full-time workers. Frequently, workers’ compensation recipients agree to a settlement rather than monthly payments. The settlement covers everything from lost wages and medical costs to scarring or deformations due to the injury.  There is no way to estimate an average amount of compensation as each case is unique, but they usually range between $3,000 and $50,000.  When a settlement is decided, the beneficiary agrees not to seek further legal action against the employer, which is beneficial to the insurance company and keeps the employer’s premiums reasonable.

Contact our Team of workers’ compensation attorneys for an initial free consultation.

Whenever dealing with legal and financial affairs, it is always a good idea to seek legal counsel. At Kamensky, Cohen, and Riechelson, we pride ourselves on listening and taking our clients through their legal process clearly and effectively. We can help you to submit your claim and make sure your rights are protected. Our convenient offices Trenton have allowed us to serve countless clients with workers’ compensation matters throughout Mercer County and the greater South Jersey region.

If you need personalized advisement and assistance for a case in Princeton, Hamilton, Robbinsville, Hopewell, Pennington, Lawrence, or other New Jersey towns, our skilled legal professionals are prepared to help. Contact (609) 528-2596 to speak to a workers’ compensation attorney with experience about your particular claim.

Qualifying for Both Workers’ Compensation and Social Security Disability in NJ

Read on to learn more about the difference between workers’ compensation and social security disability benefits and whether you can apply for both.

Obtaining Workers’ Compensation and Social Security Disability Benefits in NJAccidents and injuries in the workplace happen. When accidents occur at your place of work as a result of negligence or an unsafe working environment, your employer is responsible for supporting your recovery from injury, including providing the financial support to cover medical expenses, working time lost while you are recovering, and potentially long-term effects on your capacity to function in your profession.

One question many people have when they are injured on the job is whether they can apply for workers’ compensation benefits and social security disability benefits or whether they are mutually exclusive.

What is the difference between Workers’ Compensation and Social Security Disability?

Workers’ compensation is a program of the state of New Jersey, managed by the state. Social Security Disability is a federal program. While both apply to financial support in the case of injury on the job, they are distinct.

Workers’ compensation benefits vary from state to state. By design, they are a temporary offering, though permanent disability benefits do exist. Workers’ comp is designed to support the financial needs of an injured employee while they await federal Social Security Disability Insurance benefits (SSDI).

Am I eligible to receive both Workers’ Compensation and Social Security Disability benefits?

As noted above, because the programs operate at different levels, you are eligible to receive benefits from both programs, assuming that you apply. Disability benefits (SSDI) are only applied following provision of a claim if as a result of your workplace injury, you have been in no way able to work for a period of one calendar year, or if you have sustained an injury or illness that expects to result in your death. At the federal level, disability benefits are only offered for complete disability, not partial, so if you are able to work part-time or partially, your SSDI claim will be denied.

Does receiving workers’ compensation benefits in any way change your likelihood of receiving Social Security Disability benefits? No. The two programs are unique and separate.

How can I know if I qualify for SSDI?

The process of qualifying for Social Security Disability Insurance is based on the Social Security Administration’s Blue Book, a guide that determines a claimant’s qualification for benefits. Specific conditions are noted as being eligible for disability insurance, and the Blue Book breaks these conditions down by a system of the body and medical ailments that may be affecting that system. In addition to simply identifying the illness and part of the body affected, the Blue Book specifies the impact that the illness or disease has on the person in order to determine whether the claimant qualifies for benefits under the Social Security Disability Insurance Program. Such determinants include the origin of the illness or disease, and whether the work directly or indirectly caused it; the extent of the illness and, in the case that it is a long-standing disease, how much damage it has done to the body in its spread; and how successful initial medical treatment (likely covered by New Jersey’s workers’ compensation How can I know if I qualify for SSDI?program) has been in removing the cause.

As one would expect, it is essential that the claimant has detailed documentation of the illness or disease from its onset, what medical treatments and expenses have been involved in care thus far, how the body has responded to such treatments, and other pertinent information. Without this detailed information, an SSDI claim will be denied by the Social Security Administration, and workers’ compensation benefits may lapse without ongoing financial support.

How is the amount of workers’ compensation and SSDI benefits one receives calculated?

One way in which state workers’ compensation benefits and federal SSDI benefits are aligned is in the fact that one cannot receive more than 80 percent of their income in benefits. Even if, due to expenses, the amount you are entitled to receive is greater than this 80 percent, the amount of the additional benefits will be subtracted to value the 80 percent of your income.

To ensure that you navigate your workers’ compensation and SSDI claims successfully, seek the support of a skilled and experienced attorney.

Contact our Workers’ Compensation Attorney for a free consultation

If you have been injured on the job, knowing what benefits you can receive and how to go about pursuing the resources to meet your financial and medical needs is essential. For this reason, it is key to engage with an experienced workers’ compensation lawyer who knows the system in New Jersey inside and out based on years of handling cases of this kind.

Contact The Law Office of Kamensky, Cohen & Riechelson, serving all Mercer County workers and employers, by calling (609) 528-2596 to speak with an attorney regarding your particular workers’ compensation case. We will examine the situation that you’re in after being injured on the job and discuss your options for obtaining workers’ comp, social security benefits, and possible damages for personal injury. Get straight, honest answers about a case in Trenton, Hamilton, Princeton, Lawrence Township, East Windsor, Hopewell, and surrounding areas by contacting us today.

Injured on the Job Due to Malfunctioning Equipment in New Jersey

Serving Workers in Trenton, Princeton, Pennington, Lawrence, and East Windsor NJ

Injured on the Job Due to Malfunctioning Equipment in New Jersey?If you are currently suffering from an on-the-job injury or require medical attention because of faulty equipment or machinery in your workplace, you have more options than you may realize.

If you work with machines in a warehouse, construction site, or factory, you probably feel grateful for the efficiency and speed of all kinds of equipment. Work is done faster and easier with machines’ assistance. Many businesses and industries rely upon machines on a day-to-day basis to get things done.

Sometimes, however, those pieces of equipment and machinery add complexity and risk of injury to the workplace.

Unfortunately, everyday employees are usually the ones that suffer when things go wrong. Fortunately, they do not have to do it alone.

Without their regular income and serious injuries sustained on the job, employees and their families depend on workers’ compensation to stay afloat. When these benefits are delayed or denied, people struggle to survive.

To make matters worse, malfunctioning equipment accidents are often caused by the negligence of employers and/or third parties.

Therefore, many injured workers turn to attorneys like those at The Law Office of Kamensky, Cohen & Riechelson to either a) pursue workers’ comp benefits from the employer; or b) to file a personal injury lawsuit against the manufacturer, when appropriate.

Faulty Equipment

Equipment can malfunction in all kinds of ways. The Law Office of Kamensky, Cohen & Riechelson has handled many types of workers’ compensation claims, including ones that involve the following accidents:

  • The worker comes in contact with sharp edges, moving machinery parts, or wiring;
  • The worker is struck by, or collides with, equipment or machinery;
  • The worker becomes trapped or entangled with the moving parts of equipment; or
  • The worker is hit by a part or parts of the equipment that become loose and eject from the machine.

Each of these unfortunate events involving equipment or machines can cause serious injury. In many instances, the ramifications of contact with, impact from, or entanglement in a machine can lead to life-damaging injuries. The most common injuries from equipment malfunction include:

  • scrapes, cuts, and lacerationsFaulty Equipment
  • bruises
  • burns
  • dismemberment
  • head, eye, or ear injuries, and
  • damage to nerves or tendons.

After a Workplace Accident

If you are injured on the job, you should not “shake off” or ignore burns, cuts, or head injuries. That’s because more serious or lasting symptoms could develop. Instead, you need to report the incident to your employers, seek medical attention, and file a workers’ compensation claim.

You may suspect your accident was caused by someone else’s negligence (or extreme carelessness), so you may want to speak to an attorney, as well.

When your lawyer has done a thorough investigation, he can help you choose a course of action. If the equipment is faulty, you may be able to recover compensation from its manufacturer. If a person or entity who doesn’t work for your employer (a third party) caused your accident, you might also be able to recover civil damages.

Equipment accidents are complicated, and many factors can contribute to this type of event. Consequently, choosing the right form of legal action can be difficult.

If you were not in charge of designing or maintaining the equipment that harmed you, it might be difficult for you to answer questions about design flaws and wear and tear.

Fortunately, when it comes to workers’ compensation claims, the one question you need to answer is:

Did the accident occur at work?

Safe Work Environment Around Machines

The Occupational Health and Safety Administration (OSHA) has written specific standards for the operation of equipment. The agency employs many inspectors to enforce these standards, and it imposes fines when a company fails to comply. However, this does not mean that every machine and piece of equipment in your workplace is up to OSHA’s standards. Employees should inspect equipment or machines before they use them.

Although it is not required under New Jersey workers’ compensation law, in our experience, an employer should be notified any time there is a malfunction, defect, or misuse of equipment.

Taking Action

Operation of equipment and machinery in a place of business is clearly work-related activity, and most injured employees receive adequate compensation for medical costs from a workers’ compensation insurance provider.

However, when equipment malfunction causes a long-term or permanent disability, insurance companies often try to settle with employees by offering inappropriately small settlements.

We advise that you call a New Jersey workers’ compensation lawyer before signing any workers’ compensation settlement.

Workers’ Compensation and Personal Injury Lawyer

The Law Office of Kamensky, Cohen & Riechelson has previously represented clients across New Jersey in workers’ compensation claims and personal injury cases, with great success.

Our experience with on-the-job injuries and our knowledge of the reactions of insurance providers and how they process claims could be helpful for your case.

Do not hesitate to call us at (609) 528-2596 or fill out an online form for a free consultation to discuss your workers’ compensation claim.

Types of Workplace Injuries in Mercer County and Across NJ

Serving Accident and Injury Victims with all types of Workplace Injuries in Trenton, Lawrence, Princeton, Hamilton, and across Mercer County

Workplace Injuries in New JerseyWorkplace injuries are a reality that is difficult to avoid. Despite enhanced safety measures and enforced protocols to protect employers and clients, accidents happen. Understandably, a large portion of workplace injuries happens on construction sites. Workplace injuries happen in many ways – whether by falls, accidents involving transportation and machinery, exposure to harmful elements, or even workplace violence. 2019 statistics from the BLS report that there were 2.8 million nonfatal workplace injuries and illnesses across the country. If you have been injured in an accident at work, you may be entitled to receive workers’ compensation benefits to cover your medical expenses, the time required away from work, and even permanent disability benefits if your injury caused long-term damage.

Read on to learn the most common causes of workplace violence, and use this awareness to keep yourself and your employees safe on the job or receive the workers’ compensation benefits you are entitled to.

Slipping

There are a multitude of reasons slips or trips could happen in the workplace. From inclement weather to liquids or obstacles in the way, slips and trips are a huge source of workplace injuries. This type of accident is merited insurance coverage by the employer under New Jersey workers’ compensation law. Over $2.3 billion has been paid out by employers across the country for workers’ compensation benefits due to injuries caused by slips and trips.

Falling

As noted above, falls are a huge source of workplace injury. Particularly in the areas of construction and maintenance, falling carries a higher prevalence. According to 2017 data from the United States Department of Labor’s Bureau of Labor Statistics (BLS), 17 percent of all deaths on professional construction sites were due to falls. The presence of construction equipment whose weight or malfunction could cause a fall and industry-related risks for falls such as scaffolding and work in tall, sloping sites contribute to the large numbers of injuries and deaths caused on the site. If an employer has not provided proper safety protocols and work conditions to prevent injury, you could be entitled to workers’ compensation insurance if you are injured on the job because of a fall.

Receiving a Blow by a Blunt or Falling Object

Another cause of workplace injuries is caused by items being precariously placed and causing injury when they fall. While this is more often found in construction settings where objects haven’t yet been reinforced, it can be found across any industry. If reinforcement measures and proper placement of items are not ensured by an employer and cause an injury when they strike an employee, the employee is eligible to receive workers’ compensation benefits for injury-related expenses.

Malfunctioning Equipment

One of the most dangerous risks for injury is equipment that has the potential to malfunction. Heavy or even lightweight machinery that ceases to function properly carries a heightened risk because the employee depends on the machine functioning. In some cases, it places the entirety of their weight and balance in the hold of this equipment. Even if the machinery is not physically supporting the employee, a malfunction can cause serious damage because it can take the person by surprise, catching them off-guard. For example, even a malfunctioning staple gun can cause deep lesions if the person using it expects it to work and it backfires. This element of surprise, in addition to the obvious dangers such as causing a fall or getting clothing caught in equipment that causes greater injury, can all be consequences of malfunctioning equipment, and the reason that employers are 100 percent responsible for ensuring that their equipment is ready for employers’ use.

Musculoskeletal Misalignment Injury

Musculoskeletal Misalignment InjuryThe above injuries generally occur in industries where physical injury carries a heightened risk, such as construction sites. However, there is a quieter, much more prevalent industry that affects millions of employees each year, and that is musculoskeletal injuries. Massive amounts of people work at a computer all day, and the angle with which they sit and type causes damage to muscles, joints, and ligaments, as well as nerves.

The majority of employees who have sought workers’ compensation benefits for musculoskeletal injury due to extended time working complain of back problems, hip problems, neck and shoulder issues, and carpal tunnel.

No Matter the Type of Workplace Injury, if Negligence has Occurred, Contact a Trenton NJ Personal Injury Lawyer Today.

At The Law Office of Kamensky, Cohen & Riechelson, our experienced team of attorneys represents clients in Trenton, Lawrence, Princeton, Hamilton, and Mercer County in all workers’ compensation claims.

To schedule a consultation with a member of our firm today to discuss your case, please contact us online or through our Trenton office at 609.528.2596. We look forward to working with you.

Workers’ Compensation Attorneys for Seasonal Workers

In New Jersey and across the country, workers’ compensation programs protect employees by providing them with financial benefits if they are injured on the job.

Workers’ Compensation Attorneys for Seasonal WorkersDepending on the nature of the injury, these benefits could be provided once or on a long-term disability basis, as would be the case in a situation in which a person was permanently disabled due to their work injury. Workers’ compensation coverage provides medical benefits to employees in the case of an accident or work injury; it also may provide full benefits for a limited time, partial benefits permanently, or even full benefits permanently. Additionally, workers’ compensation insurance provides death benefits to the family if an employee is killed on the job.

In New Jersey, employers must either have federal or state workers’ compensation insurance to cover their employees to be legally allowed to operate. The workers an employer is required to cover, however, depends on their employment status. For example, New Jersey workers’ compensation law holds that permanent full-time employees, part-time employees, and seasonal workers are covered by the employer’s workers’ compensation insurance. On the other hand, independent contractors, unpaid interns, volunteers, and sole proprietors who do not have any employees are not covered by workers’ compensation laws.

While a huge subset of New Jersey’s workforce is temporary or seasonal workers or part-time employees, many don’t know where they stand regarding workers’ compensation coverage and protections. To engage their job with full confidence and stability, such workers need to know their rights and fall on the spectrum of employment in New Jersey.

What is the difference between a seasonal worker, a part-time worker, and a full-time employee?

On the other hand, a part-time employee is anyone who, on a temporary or permanent basis, works less than 80 percent of the full workweek for their industry. Some industries follow a 40-hour workweek, while others follow a 32-hour workweek, and a part-time employee, in these cases, would be someone who works 32 hours or 25.6 hours, respectively. A seasonal employee is someone who only works for certain months of the year. Seasonal employment is often working in the agricultural or retail sector, as much seasonal employment follows agricultural sowing and harvesting timelines and holiday shopping seasons. A temporary employee is someone who works either part-time or full-time for a set amount of time. These workers are usually procured for an employer through a temp agency, a business that serves as a middle man between employers and temporary employees. In all of these cases, New Jersey workers’ compensation laws cover these employees, and they are entitled to workers’ compensation benefits in the case that they are injured on the job.

For seasonal employees, the line between what injury happens on the job and what happens off the job is a bit blurred. For this reason, if you are a seasonal employee who has been injured due to your work – whether or not a specific injury happened at the place of employment – you must seek the support of a skilled workers’ compensation attorney.

Contact Our Mercer County Accident and Injury Lawyers TodaySeasonal workers who are sowing or harvesting in the agricultural sector run a higher risk of becoming sick or injured due to the strenuous nature of their job; however, they don’t always receive the extent of their rights to workers’ compensation coverage because their injuries take subtle forms, such as exhaustion, heatstroke, or chronic stress. If you show symptoms of these issues – such as fatigue, dehydration, weak immune system, headaches, arthritic symptoms – contact a workers’ compensation attorney. Because these symptoms can point to a deeper issue that could have lifelong repercussions, addressing the injury before it is exacerbated is essential for your own wellbeing and your capacity to serve your employer.

Additionally, as a seasonal worker, you are entitled to proper training for any machinery and procedures you are expected to operate and carry out. If you were injured on the job because of a lack of training or safety precautions, you are entitled to receive workers’ compensation benefits.

Contact Our Mercer County Accident and Injury Lawyers Today

At The Law Office of Kamensky, Cohen & Riechelson, our team of experienced workers’ compensation attorneys supports our clients across Trenton, Princeton, Hamilton, and the greater Mercer County area in ensuring that their rights as seasonal workers are met when they are injured on the job.

To schedule a consultation with a member of our firm today regarding your injury, please contact us online or through our Trenton office at 609.528.2596.