Should I File a Personal Injury Claim or a Workers’ Compensation Claim?

Personal injury claims and workers’ compensation claims attorneys with offices in East Brunswick and Trenton NJ

Should I File a Personal Injury Claim or a Workers' Compensation Claim?At Kamensky Cohen & Riechelson, we have successfully helped many clients to pursue both personal injury claims as well as workers’ compensation claims in Trenton, Princeton, Hamilton, and the greater Mercer County area.

It is important for our clients to understand both the similarities and differences between personal injury claims and workers’ compensation claims, as they are pursued in very different manners, and have very different compensation structures. Let’s take a closer look.

What Qualifies as a Mercer County Personal Injury Claim?

The biggest difference between personal injury claims and workers’ compensation claims is what circumstances qualify for either claim. That is to say, in any personal injury case like a car accident, construction accident, a slip and fall, or a truck accident for examples, the plaintiff (you) and their Mercer County personal injury attorney need to prove that another party’s reckless or negligent actions were responsible for your injuries. Just because you were injured in a car accident doesn’t necessarily mean you have a personal injury case, you need to prove that the other driver(s) hold the majority of fault for your accident.

What Qualifies as a Mercer County Workers’ Compensation Claim?

On the other hand, in order to file and receive compensation in a workers’ compensation claim, you do not need to prove fault of any kind. In fact, even if your actions directly lead to your injuries, as long as you were performing work-related duties, you and your Trenton workers’ compensation lawyer can file for a Mercer County workers’ compensation claim.

The Difference in Compensation for Personal Injury and Workers’ Compensation Claims

Besides the requirements for proving fault (or in the case of workers’ compensation not needing to prove any fault), workers’ compensation awards and personal injury awards have one major difference. In both cases, you can receive monetary compensation for any medical expenses associated with your injuries, as well as lost wages or future income. The major difference in terms of compensation for a workers’ comp case and a personal injury case is compensation for pain and suffering. Pain and suffering generally make up the largest portion of personal injury recovery, but cannot be recovered in the case of a workers’ compensation claim.

The other major difference is the time and effort involved with both. Personal injury claims can often take more than a year to negotiate and eventually resolve, while with the help of an experienced Trenton workers’ compensation attorney, you can usually resolve your workers’ compensation case in a matter of months.

Should I file for Personal Injury or Workers Compensation? Mercer County Attorney Discusses

There is no easy answer to this question. Each case is unique, with many different factors to consider. Can you prove fault? Can you afford to wait the time it will take to resolve a personal injury claim, or is the time worth the potential recovery of pain and suffering damages?

There are many different factors to consider, and your best option is to speak with an experienced Mercer County injury attorney who can discuss your options, likely outcomes, and advise you which course of action may be favorable in your case.

Contact a Princeton Personal Injury and Workers’ Compensation Attorney Today

Whether you ultimately decide to pursue a personal injury or workers’ compensation claim, it is extremely important that you retain experienced legal counsel in order to help you navigate the process, protect your rights, and help you secure the best possible resolution for your case.

The Trenton Law Office of Kamensky Cohen & Riechelson has been defending personal injury and workers’ compensation clients since 1972. We have a proven track record of success when it comes to giving honest and professional legal advice, and securing the compensation that our clients need and deserve.

To speak with one of our attorneys today in a free and confidential consultation regarding either a personal injury claim or a workers’ compensation claim, please contact us online or through our Trenton office at 609.528.2596.

The Importance of Being Honest in NJ Workers’ Compensation Cases

Workers’ Compensation Attorneys Serving Clients in Princeton, Ewing, Hamilton, Pennington and across Mercer County, NJ

The Importance of Being Honest in NJ Workers' Compensation CasesThe concept of insurance fraud continues to find its way into the New Jersey Workers’ Compensation claims. Insurance carriers are now directing their lawyers to pursue fraud claims against injured employees as a means to terminate medical and monetary benefits. However, the nature of this fraud does not always lie in acts that could be recognized as “obvious.” An obvious example would be when an employee exaggerates the severity of their medical condition and is later found engaging in activities inconsistent with the nature of their complaints. Another obvious example is when an injured employee is found collecting money while engaged in a work-related activity which is more strenuous than the work they performed for their employer.

Legitimate Claims and Disabled Employees

Unfortunately, there are allegations of fraud being made against disabled employees with legitimate claims. These employees are complying with the instructions of their treating physicians and adhering to the directions of their insurance adjusters. Nonetheless, the insurance carriers are attempting to terminate their obligation to provide benefits by invoking N.J.S.A. 34:15-57.4. This is a New Jersey law holding that an employee is guilty of fraud if they file a workers’ compensation claim for medical or temporary disability benefits when they know that the claim contains false or misleading information. A violation of this statute under the New Jersey Criminal Code is a crime of the fourth degree, which could subject the person to a sentence of up to 18 months in county jail. The penalty in workers’ compensation court is the termination of all benefits and an order to repay back the benefits already received.

Insurances Carries and Fraudulent Actions performed by employees

Insurance carriers in New Jersey are bringing fraud actions when they believe they can prove that an employee knowingly failed to reveal prior injuries, accidents, or other claims. This is because the employee filing the claim has an obligation to notify either the treating physician, the evaluating physician, or the insurance carrier insuring their employer of these other factors.

The success or failure of the insurance carrier’s approach in these cases is almost completely in the hands of the workers’ compensation judge who is assigned to the case.

However, there is some guidance for judges when confronted with a fraud claim.

  • First, the alleged infraction must be more than an inaccurate or inconsistent statement made during the course of treatment. Many people cannot recall the names or dates of physicians who treated them for injuries in the past – especially those individuals with a lengthy personal injury history.
  • Second, the alleged infraction must be more than an omission of prior diagnoses to their treating physician. Many people cannot recall all of the tests performed or their test results. It is enough that the injured employee informs his treating doctor that they had a prior injury to the area of the body which they are alleging arose out of the work-related accident.

Keep in mind that major treatment, such as surgery or the recommendation for surgery, is also information that should be shared with your physician. This is common sense, as you want your doctor to know your complete history so that you can receive the very best treatment available to you.

As a general rule, if you are injured at work, you need to be honest with your doctors. Follow their directions and restrictions at all times.

Contact our Trenton Personal Injury Staff of Attorneys

If you have any questions about your obligations when injured, please contract Kamensky, Cohen & Riechelson we have experienced attorneys in Princeton, Ewing, Hamilton, Pennington and across Mercer County, New Jersey.

Don´t hesitate to schedule an initial consultation by calling (609) 528-2596 or visiting our website and fill out an online form.

When and how are Attorneys Compensated for their Services in New Jersey?

Providing Assistance to Employees in Trenton, Princeton, Hamilton, and Pennington Towns, NJ

Attorneys at Kamensky, Cohen & Riechelson are also prepared to help clients through the process of filing for and receiving, workers’ compensation in both New Jersey and Pennsylvania. Employers are required by law to financially assist employees hurt while at work, regardless of who is at fault for the injury. While employers are legally required to compensate you, it is not always in their best interest to do so or to do it quickly and efficiently. Our workers’ compensation attorneys help you ensure your rights as an employee are recognized and protected, and that you recover full compensation for your medical expenses and inability to work in a timely manner.

Breaking Down Attorneys’ Compensation in work-related Personal Injury Cases?

If somebody is injured in the course of their employment and they retain our firm to represent them, we are paid at the end of the case, if we are successful and it amounts to approximately 20% of their recovery.

20% is what we receive, but it is not what the injured employee pays. The injured employee pays 8% of the recovery, and that is done only at the time the matter is resolved.

Free Initial Consultation with Princeton NJ Workers’ Compensation Lawyers

At The Law Office of Kamensky, Cohen & Riechelson, we have been recovering compensation for injury victims across Trenton, Hamilton, Princeton, Lawrence, and the greater Mercer County area for over four decades. compensation and financial assistance you need and deserve

Our personal injury team is lead by a New Jersey Certified Civil Trial Attorney who has also been selected for inclusion in the NJ Super Lawyers list as it relates to personal injury law, a truly elite distinction.

Please contact us online or by phone at (609) 528-2596 in New Jersey or (215) 337-4915 in Pennsylvania for a free and confidential discussion about your case.

What Benefits do I get from a Med and Temp Right?

Experienced team of attorneys Serving Workers Compensation Clients in Princeton, Hamilton, Pennington and across Mercer County, NJ

The workers’ comp lawyers at Kamensky Cohen & Riechelson will fight to get the benefits you deserve. Additionally, we work on a contingency basis, which means we only get paid if you receive compensation for your injuries.

What is Med and Temp?

Med and Temp is the right that each injured employee gets in the state of New Jersey. If you were injured in a work-related accident in New Jersey, you are entitled to medical benefits at no cost to you. Therefore, there are no deductibles, no copays, and temporary disability benefits based upon 70% of your average weekly wage up to a cap, which is set by the state legislature. It increases each year but there’s a maximum amount, and that is the right that is given to all employees.

Contact a Princeton, Hamilton, Pennington and greater Mercer County Area Workers’ Compensation Attorney to navigate your Case.

Kamensky Cohen & Riechelson Law Firm is ready to fight on your behalf to help you recover the compensation you deserve. We handle all personal injury and workers’ compensation cases on a contingency fees basis, – we only get paid after we collect money for your claim. Call us anytime at (609) 528-2596 to discuss your workers’ compensation case, or fill out the online contact form to schedule a no-obligation meeting at one of our Princeton or Pennington offices.

Two types of Order Improving Settlements In Workers’ Compensation Cases

Workers Compensation Attorneys Protecting the Rights of Employees in Pennington, Lawrence, East Windsor, Ewing and across Mercer County, NJ

There are two types of settlements in a workers’ compensation court. We have what is called an order-approving settlement and an order-approving settlement with section 20. If there are issues as to causation, jurisdiction, liability, there is an agreement that the parties can reach, – it is called the section 20 resolution because that is the section of the workers’ compensation statute which allows parties to negotiate a resolution, which upon payment of an award dismisses the case with prejudice. It is without accepting liability on the part of the insurance carrier/employer and then it allows the injured employee to receive some money, thus not requiring them to go to trial in which they can receive no money at all.

Get in touch with one of our Experienced Workers’ Compensation Attorneys

In case you suffered a work-related injury, the workers’ compensation attorneys at Kamensky Cohen & Riechelson will do whatever it takes to recover the compensation and financial assistance you need and deserve. Our attorneys have extensive experience representing the victims of work accidents.

Call us now at (609) 528-2596 to discuss your legal options, or fill out the online contact form to schedule a face-to-face meeting at our offices in Trenton or Pennington, NJ.