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 Whippany, New Jersey | New York, New York
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WORKERS’ COMPENSATION:  INJURED ON THE JOB

Workplace injuries often have permanent residual effects.  An injured worker may file a Workers’ Compensation Claim Petition.  Helfand & Associates handles Workers’ Compensation Cases.  We are a fully up-to-date office and utilize what is called the OSCAR electronic system implemented by the Division of Workers’ Compensation to handle the Workers’ Compensation filings, court notices and calculations.

When you are injured on the job, a claim can be filed by your Workers’ Compensation Attorney.  This is not a lawsuit against your employer.  Filing of a claim activates a case in the Workers’ Compensation Court.  It enables you to have your attorney answer your questions and help guide you during the process to obtain appropriate medical treatment, payments for temporary disability and an award for the permanent disability that you sustain from the accident.  Medical records must be provided to your attorney by the agent or lawyer for the Insurance Company.  Approximately six months after your last date of medical treatment, you will receive permanency evaluations.  There are doctors who are experts in disability evaluations.  You will be evaluated by doctors selected by your attorney and also by the insurers’ experts.  These doctors do not treat you.  They review your medical record and perform examinations.  They then report on the causation and nature and extent of permanent disability which has affected you.

Once these reports are received your attorney will work towards getting you an appropriate and fair payment for your permanent injury.  Your case may either be settled or if a dispute rises, it can go to trial.  Helfand & Associates has experience in either negotiation or trial; however the majority of cases are settled.  We have outlined the main steps for your information.  Call our office if you would be interested in us handling your case.  You pay nothing up front.  All legal fees and costs are paid from your award and are determined by the Judge of Workers’ Compensation assigned to your case.

NOTICE

If you are injured on the job you must notify your employer.  You can notify your supervisor, Human Resources or Personnel Office or whoever is your boss as soon as possible.

MEDICAL TREATMENT

You must ask for medical treatment.  The employer or his Workers’ Compensation Insurance Carrier will select the doctor to provide medical treatment for your injuries.  This is called authorized medical treatment.  If you first go to your own doctor, it is not authorized treatment.  Your medical bills will not be paid.  You must use authorized doctors.  You can ask for an authorized second opinion which you will be entitled to.

EMERGENCY TREATMENT

If you require immediate emergency treatment at a hospital, this will be paid for, provided that the medical record shows that the injuries arose from a work related accident.

TEMPORARY DISABILITY BENEFITS

If the authorized medical provider requires that you stay out of work for more than 7 days, you will be eligible for temporary disability benefits while you cannot work and are being treated.  At a point determined by the doctor, you will have reached maximum medical benefit and treatment will stop.  Depending upon the nature and extent of the injuries, you may be cleared to return to full duty at your job.

ONGOING TREATMENT- REOPEN CLAIM

If your case is settled or closed you have two years from the last date of payment of compensation to re-open your case for more treatment and a potential increase of your permanent disability.

WORKERS’ COMPENSATION COURT

There is a big difference between the Superior Court and Workers’ Compensation Court.  The Workers’ Compensation Court has its own rules and procedures.  It is an administrative arm of the State of New Jersey Department of Labor.  The issues of causation and the nature and extent of the injury are the core elements to receive compensation.  Negligence or fault is not required to have a Workers’ Compensation claim.  You generally are barred from suing your employer for on-the-job injuries.  You cannot be fired for filing a Workers’ Compensation claim.

Every employer in the State of New Jersey is required to have Workers’ Compensation coverage.  If an injury is compensable under the Workers’ Compensation law, that employer is not also liable for a personal injury case for the same accident.  Workers’ Compensation is an exclusive remedy.  Helfand & Associates will help protect your interests for Workers’ Compensation benefits.

 

Our Offices
  • Whippany Office
    575 Route 10 East
    Suite 1
    Whippany, New Jersey 07981
    Phone: 973-428-0800
    Fax: 973-428-0830
  • New York Office
    420 Lexington Ave.
    New York, New York 10170
    Phone: 646-213-9053
Testimonials
  • "Without Tanya and her time, the really unpleasant experience of getting divorced would have been even worse. They were able to settle the matter very quickly and helped me fit this into my tight schedule allowing me to leave to move abroad for my dissertation research on time without having to delay the trip because of the divorce. They also did all of it within my very tight budget. Thank you so much for your help and dedication to my legal matter!"  - AG

  • "Tanya and her Associates are outstanding! What I admire most about Tanya is her knowledge of the law with her keen negotiation skills to foster mediation. Her strategies efficiently resolve conflict leading to the resolution of cases. She and her team have an outstanding work ethic, know what data are needed, and get the job done. It is a pleasure to work with such wonderful professionals."  - Tara, Whippany

  • "I found Ms. Helfand's knowledge and tenacity most reassuring during the ordeal of my divorce. She was steadfast in her guidance and was very effective in her negotiations on my behalf. I would recommend her without a second thought."  -Jonathan

  • "Ms. Helfand was very professional and helpful with our bankruptcy case. Her advice was very useful and helped us make the proper decisions for our situation. In addition, she was very supportive during a very difficult time for us. Finally, she set very specific fee expectations and there were no surprises when it was completed. I would use her services again and would recommend her, without question."

  • "She is Incredible, very quick responding to the other party. Very professional and courteous. I highly recommend her. She has a great passion and love for every single case."

  • "Tanya and her team were very professional handling my divorce proceedings. She was very proactive in making the other attorney finally get the process moving forward. I would recommend her to anyone looking for legal services."  -Scott

  • "Ms. Helfand strategized & processed, both, my Divorce & Chapter 13 Bankruptcy. As both cases were emotionally and legally challenging, Ms. Helfand proved to be an empowering Mentor along the path to clarity for which I am truly grateful.I highly recommend her legal expertise to anyone who is seeking a confident, savvy & caring attorney to become at peace with self and any legal matters."  -Vas

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