Are You Suffering From A Work Injury? We Can Protect Your Legal Rights.
If you are reading this, chances are you or someone you love has been hurt at work and is now facing the stress of medical bills, time off the job, and uncertainty about the future. It can feel overwhelming when you are in pain and don’t know how you will support yourself or your family.
That is exactly why our team at Wilhelm & Roemersma, P.C., is here to help. For more than two decades, our attorneys have been standing up for injured workers in New Jersey and eastern Pennsylvania, ensuring they receive the benefits and respect they deserve. We understand that workers’ compensation is more than a legal claim. It is about protecting your livelihood, your health and your family’s stability.
When you work with us, you get attorneys who know the law inside and out, but more importantly, who care about the people behind every case. We meet you where you are, listen to your story, and fight tirelessly on your behalf. Call us today at 908-454-3200 or reach us online to schedule your free consultation and start protecting your rights.
What Is Workers’ Compensation?
Workers’ compensation provides financial and medical benefits to employees who suffer injuries or illnesses because of their job. Unlike other legal claims, you do not have to prove your employer was at fault to receive compensation. Instead, the system is meant to ensure that workers get medical treatment, wage replacement and disability benefits when they cannot return to work right away.
Unfortunately, while the system is meant to be straightforward, many workers quickly discover it’s anything but. Insurance companies may minimize injuries, deny claims or pressure you back to work before you are ready. Employers may downplay the seriousness of your injury or suggest it came from aging or a prior condition. That is why having an attorney is essential. A skilled lawyer will document your claim correctly, meet all deadlines and fully protect your rights.
If you suffer an injury on the job, you may obtain benefits under workers’ compensation. However, the complexity of the workers’ compensation system often causes workers to lose benefits they rightfully deserve.
In some cases, employers or insurance companies will deny rightful claims. Other times, they may terminate disability payments early or fail to pay the full amount owed under state law. If you suffer an injury at your workplace, a qualified workers’ compensation lawyer at Wilhelm & Roemersma, P.C., will evaluate your case and ensure you meet all state requirements for filing a claim. They will:
- Ensure you meet all applicable deadlines
- Acquire and properly document all medical care
- File for Temporary Total Disability Benefits so you can pay bills while missing work
- Clearly and honestly explain the law as it applies to your situation
- Work with you to establish next steps according to your needs and goals, including filing for short-term disability, long-term disability, or appealing a denial
Our attorneys want you to be fully aware and informed of your rights under the law. We are a local law firm that takes pride in our community and the workers in it, and we aggressively fight to help those who are trying to obtain the benefits they deserve.
Workers We Represent
Injuries can occur anywhere at any time. Every occupation presents the risk for injury and our attorneys are there when you are hurt on the job.
For 23 years, Wilhelm & Roemersma, P.C., has helped many injured workers from various jobs, such as:
- Construction workers, electricians and carpenters
- Truck drivers and union laborers
- Nurses, CNAs and health aides
- Automotive technicians and ironworkers
- Municipal workers and sanitation workers
- Factory workers
- Teachers and coaches
- Cable installers
- Police officers and health care workers
- Retail workers and landscapers
Whether you threw out your back while lifting lumber or slipped on a wet floor in the hospital hallway, we can help. We represent injured workers throughout New Jersey and eastern Pennsylvania, and we are willing to meet with you near your home or workplace if you cannot travel.
Common Work-Related Injuries
Not only has our law firm represented clients working in a multitude of occupations, but we have dealt with every injury, big and small, including but not limited to:
- Carpal tunnel
- Back, neck and shoulder injuries
- Wrist and ankle fractures
- Asbestos exposure
- RSD (Reflex Sympathetic Dystrophy)
- CRPS (Complex Regional Pain Syndrome)
- Head trauma/brain injuries
- Burns, scars and disfigurement
- Vision and hearing loss
- Nerve, muscle and tissue damage
Unfortunately, some workers’ compensation doctors are more concerned about getting you back to work than ensuring your medical problem is solved. It is important to research your condition so you can have a more informed discussion with your doctor. This will help you receive the treatment necessary to put you on the road to full recovery.
Every injury comes with its own unique circumstances. If you suffer an injury on the job, our attorneys will help you advocate for your medical rights and treatment.
Statutes Of Limitations For Filing A Workers’ Compensation Claim
In New Jersey, you generally have two years from the injury date to file for workers’ compensation. If you have an occupational disease, the clock starts when you become aware of the condition and realize that it is caused by your job. It is best not to wait two years to file, however.
Additionally, when you know of the injury and its connection to work, you should notify your employer in writing within 90 days. Then they have to file a First Report of Injury with the New Jersey Division of Workers’ Compensation within 21 days.
In Pennsylvania, the statute of limitations for filing a workers’ compensation claim is typically three years from the injury or from when you knew of the injury. If your employer covers the cost of your medical care for the injury, you may have a longer time to file (up to three years from the last payment).
You need to notify your employer within 120 days to get workers’ compensation benefits. It is better to file within 21 days to keep your claim and payments moving forward.
Common Reasons That Workers’ Compensation Claims Are Denied
In New Jersey, you must alert your employer to the injury by the 90-day deadline. Similarly, in Pennsylvania, you need to notify your employer within 120 days. You may not be able to file for workers’ compensation benefits if you miss the notification deadline.
Other reasons that workers’ compensation claims are denied include:
- The injury being unrelated to work
- Insufficient medical evidence, such as not going to the doctor right away or having no medical evidence that your injury was connected to work
- Pre-existing conditions that could have caused the injury
- Intentional self-harm or injuries caused by fooling around on the job
- Refusal to comply with workers’ compensation requirements (statements, medical documents, etc.)
- Delaying the report of the injury
- Having no witnesses to the accident or injury
- Being drunk or on drugs when the injury happens
There may be additional reasons that a claim is denied. We can discuss your specific denial and let you know if it is a valid reason to deny the claim. If it is not valid, we can fight your employer and their insurance carrier. We know how to hold employers liable for the accidents and injuries their workers suffer.
Common Questions About Workers’ Compensation
Our attorneys understand the complications of the workers’ compensation system. It can be hard to understand your options, but we work hard to help our clients comprehend the law and how it applies to their situation.
Below are a few questions we commonly hear from our clients:
Does workers’ compensation protect my job?
The short answer is no. When you are injured at work through no fault of your own, workers’ compensation surprisingly does not protect your job. However, there are laws that do provide protection for you while you are out of work. The Federal Family Medical Leave Act and the State Family Medical Leave Act will protect your job for a certain period of time. Unfortunately, once that time expires, you may not have protection.
However, it is illegal for your employer to fire you because you filed a workers’ compensation claim or because you took FMLA leave. If you believe that you were fired in retaliation for filing a workers’ compensation claim or taking FMLA or other medical leave, contact us. We have attorneys who focus on these types of employment issues.
What determines a work-related injury?
First, you must have an accident or injury that occurred during work time. Second, you must be able to prove the injury is from work. Defense carriers and employers tend to blame aging and arthritis as the main cause of injury; however, your injury may be much more. Our attorneys can help you navigate through the medical portions of your case and help you determine if you have a claim for injury.
What if I have a preexisting condition?
Under the New Jersey and Pennsylvania workers’ compensation system, any material aggravation of a preexisting condition satisfies your claim for benefits. For example, you may have had a back injury three years ago that required physical therapy. A recent work accident that required more physical therapy and possible surgery could prove to be a material aggravation. Workers often believe that because they suffered a past injury on the job, they don’t have a claim. This is not always the case.
How is a workers’ compensation settlement determined?
Although no amount of money can compensate for your pain and suffering, your workers’ compensation settlement can help. Settlements can be substantial depending on the injury and what you are waiving in terms of future benefits. Factors considered are your weekly rate, your injury, how your injury interferes with your life and your work, and future medical care required. However, every case is unique and can yield different results.
What is the hearing process like?
The hearing processes in New Jersey and Pennsylvania are extremely different. In New Jersey, your case will be listed several times with several adjournments based on the Court’s calendar. In Pennsylvania, your hearing will be set on a specific date and time with very few adjournments or continuances. Regardless of the state you are in, the process is long and cumbersome.
If you have further questions regarding workers’ compensation in New Jersey or Pennsylvania, please do not hesitate to contact our attorneys. We will assist you in any way that we can.
We Can Help
Talk with our certified attorneys as soon as possible after your injury. We offer a free initial consultation, and we do not accept a fee unless we are successful in obtaining the benefits you are entitled to receive. We have an office in Phillipsburg, and we are willing to meet with you near your home or workplace if you cannot travel.
Please call our office at 908-454-3200 to schedule a consultation, or you can reach us online with any questions you may have.