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The Law Offices of Brunnock and Fleming are currently accepting cases involving New Jersey Workers who have suffered injuries on the job and are therefore entitled to collect Workers’ Compensation benefits. We offer aggressive, experienced and dedicated legal counsel for those who have suffered from work related injuries, occupational illnesses, or chronic conditions due to work. If you or a loved one has suffered from a work related injury, contact our offices for a free legal assessment today.
The idea of Workers’ Compensation is supposed to be simple: If you get injured while performing the duties that are required of you by your employer, then you are supposed to have your medical treatment and wages paid for. You are also supposed to be eligible to receive compensation for any permanent damage that you have suffered as a result of an injury.
As many injured workers have unfortunately discovered, it doesn’t always work that way.
The rights of injured workers have been under attack from the insurance industry for decades. The end result is a system that automatically puts the burden of proof on the injured worker, allows for almost automatic delays or denials, and encourages insurance companies to send the injured to doctors who are on their payroll. The laws also prevent employees from suing their employers once they receive workers’ compensation benefits, even in situations where the employer was guilty of negligence. In the meantime, injured workers face mounting medical bills, mortgage payments, an inability to provide for their families and eventual financial ruin.
The Clock is Ticking. There is a statute of limitations in New Jersey when it comes to filing for Workers’ Compensation benefits. Your first priority after receiving medical attention should be to make a request to your employer in writing for a workers’ compensation application.
Be Prepared to Explain Your Medical History. Many workers compensation insurance companies will want access to your medical records. They do this to see if there was some other possible explanation for your injury. For instance, if you broke your leg five years ago while you were playing basketball, then maybe that was the reason that your back went out while you were at work last week. If you had a drinking problem when you were younger, then maybe that is the reason for your illness instead of conditions at the chemical plant where you work. Casting doubt on the cause of your injury or illness is one of the many methods that insurance companies will use to attempt to deny your claim.
You Will Probably Be Watched. Insurance company surveillance work has kept many private investigation agencies hard at work for years. The idea is to catch the recipient of benefits doing anything that could make it seem like he is faking his injuries. Doing something as simple as not limping enough could be viewed as sufficient justification for an insurer to deny your claim.
For working New Jersey citizens, attempting to obtain your promised benefits without experienced legal counsel is almost a guarantee that you won’t get what you deserve. Speaking with an attorney may also help you see the circumstances of your accident in a new light. For instance, while you may have waived the right to file suit against your employer, you haven’t waived the right to file suit against a third party. If an employee is injured by a defective piece of heavy machinery, the designer, manufacturer, or retailer of that machinery may be liable for the injury. Other examples would be motor vehicle accidents, slip-and-fall injuries (if property is owned by someone other than the employer), and even medical malpractice if a work-related injury is improperly diagnosed and treated.
Even if you have filed a workers’ compensation claim, it is still possible to file suit against the third-party. According to New Jersey workers’ compensation laws, if the injured employee receives surplus damages from a third-party that go far beyond the allotted compensation from the employer, then a percentage of the workers’ compensation funds are credited back to the employer.
Third-party cases are one of the most important reasons why retaining a workers’ compensation attorney immediately after a work-related injury can improve an employee’s chances of receiving the full amount of damages to which they are entitled.
The Law Offices of Brunnock and Fleming have represented the claims of injured New Jersey workers since the inception of our firm. We have the experience that you will need to navigate a very difficult claims process, and we also have the experience to know what to look for in your claim.
Your case, your health and your future are far too important to be left in the hands of paralegals or inexperienced attorneys. At Brunnock and Fleming, each of one of our cases is handled by an attorney with decades of experience. We use the latest in legal technology and research methods, and we routinely confer with some of the foremost medical experts in the country. We consistently achieve favorable results for our clients, and we look forward to putting our resources to work for you.
If you have experienced a work-related injury, contact our offices for a free case assessment today.
Brunnock & Fleming, P.C.
1776 On The Green
67 Park Place
5th Floor
Morristown, NJ 07960
Phone: (973) 898-3700
Fax: (973) 898-6766
Toll Free: (800) 378-6206