Workers’ compensation refers to the practice of compensating employees who have been injured while on the job. It stems from the logic that if someone is injured while on the clock, their employer should be culpable. This compensation can be medical and/or financial in nature.
Workers’ compensation is not only mandatory Cherry Hill but the State of New Jersey, as well. The injury has to have occurred in the course and scope of employment and once that is established, then benefits are provided. If you need help pursuing Cherry Hill workers’ compensation benefits, consult an experienced legal advocate that can help you.
Necessity of Providing Benefits
Every employer in the State of New Jersey is required by law to provide or to carry workers’ compensation insurance coverage for their employees. Typically, what they do is they go out and buy an insurance policy just like we all go out and buy a car insurance policy or a homeowner’s policy to ensure our home. The employer purchases a policy of insurance through an insurance company.
What Benefits Can a Person Access?
Some employers are self-insured where they provide the benefits directly at their own cost and they might hire an insurance company to act as a third-party administrator where they are not actually paying premiums but they are just paying the company to deal with their workers’ compensation claims. The Cherry Hill workers’ compensation benefits a person can expect to recover are financial and medical benefits.
Medical Benefits
One of the most important benefits a person can claim are medical benefits. The insurance carrier has to provide medical benefits for treatment of whatever was injured in the workers’ compensation or the work-related accident.
Financial Benefits
If the injured worker is out of work as a result of the injury, then they must provide a weekly check which is supposed to be 70% of the worker’s average weekly wage. What happens there is the carrier will calculate an average weekly wage based on six months prior to the injury. Those are referred to temporary benefits. Number three, they have to provide permanency benefits if the injury results in a permanent injury.
Calculating Benefits
When calculating the amount of Cherry Hill workers’ compensation benefits a person can access, the insurance company will look back and calculate how much money the worker earned in that six-month period. They do a calculation to come up with an average, and the temporary payment is 70% of that average weekly number and that money is not taxable.
The third benefit is permanency which is based upon a schedule of disability. What happens there is when all the treatment is completed and the doctors have told the worker that there is no more treatment they can provide, they have done everything they can do and they have reached what is called maximum medical improvement, then at that point, the patient or the injured worker may not be fully recovered.
What are Re-Opener’s Rights?
In most cases, when a settlement is reached, if there is an agreement made and that settlement is approved by a judge, the injured worker has rights into the future. If the injured party can show that their disability has gotten significantly worse, then they can ask for more money, more benefits. This is called re-opener rights. They have the right to re-open the claim.
Re-opener rights for Cherry Hill workers compensation benefits last for two years from the date of the last check that the injured worker receives. Therefore, if they reach a settlement and an insurance company sends them a check which they are obligated to do no later than 60 days after the settlement is approved, then the date on that check starts the two-year re-opener period. It is important to know that that future right is only the right to ask for more treatment and to ask for more money. It is not automatic acceptance for more treatment or money.
Pursuing Benefits for a Permanent Injury
The injured person may have some permanent residuals, like having aches and pains, but the doctors might tell the injured party that they have done all that they can, and cannot provide further treatment. When that happens, a person’s workers’ compensation lawyer might gather up their treatment records and send the patient for a permanency exam, and this is the one and only time when these attorneys might choose a doctor.
The attorney may pick the doctor to do that permanency exam and at or about the same time, the insurance company will do the same. They will send the patient or worker to another doctor for a permanency exam and both of those doctors will report back by issuing a report, telling us what they believe the permanent injury is, and they will speak in terms of percentages.
Deciding the Percentage of Permanency Benefits Someone Can Recover
When deciding the percentage amount that someone should recover, attorneys refer to a schedule of disability that is published as part of the Workers’ Compensation Act and each percentage translates to a certain dollar amount. For X percentage, someone gets a certain amount of money and those are their permanency benefits. That is generally what Cherry Hill workers’ compensation benefits look like.
For example, if the worker had a low back injury with a herniated disc and had surgery, then the doctor might say, there is a 70% disability for the low back injury that resulted in surgery, and they will give a diagnosis of some level and provide a percentage rating. The insurance company’s doctor will do the same and, typically, they will provide a percentage rating that is much lower, however, the truth lies somewhere in between the two numbers.
How an Attorney Can Help
A skilled workers’ compensation lawyer can be instrumental in filing a benefits claim. Not only can your legal advocate help you navigate the benefits application process, they can also advocate for you. An attorney can advocate for you by negotiating with the insurance company’s lawyer to see if they can reach an agreed-upon disability rating. A determined workers’ compensation lawyer can fight tirelessly to ensure that you recover the benefits that you deserve.
Testimonials
-
This team is incredible. They are friendly and knowledgeable. I appreciate everything they have done for me and would recommend them to anyone. Overall great experience
Testimonial from Paul D. -
My case settled recently after lasting 4 years. Grungo and Colarulo’s law firm were able to secure a large settlement award for my slip and fall accident. This money will help secure my future for the permanent injury I received as a result of the slip and fall. Everyone was very caring, and kept me informed throughout the entire process. Christine Lafferty is an excellent litigation lawyer. I highly recommend using them if you have been injured or in an accident. I hope I am never in a situation again to need their services, but I know who to go to if I, or any of my family members are ever injured. Thanks Grungo and Colarulo and staff for your compassionate service!
Testimonial from Pamela A. -
Thank you so much Grungo and Colarulo for helping me with my case. Special thanks to Erica Domingo, Esquire and her team. Erica Domingo and her team was very nice and helped me tremendously throughout my case like more than one year and half. They gave me the right advice and guided me through every step of my case. They gave me prompt and clear responses to all my questions. In addition, Erica and her team provided me with all the what if scenarios so that I can have a clear vison of the steps ahead.
I would definitely recommend Grungo and Colarulo.
Thanks again Erica Domingo, Esquire and her team
Testimonial from Ahmed A. -
My wife and I reached out to Grungo Colarulo in 2020 for advise on a legal matter. After a meeting with the Attorney and Paralegal, we decided to go forward with a case. This case required a lot of documentation, and expert review of the documentation which was aquired. Throughout the process, we were kept up to date monthly, and Grungo Colarulo was always responsive to any questions that we had. The entire staff at Grungo Colarulo are very professional, caring, and willing to go the extra mile. This firm is a definite recommend!
Testimonial from Patrick G. -
I left five (5) stars only because that’s as many as I could leave. If I could, I would have left 100 stars. Bob & Christine are the absolute best! My settlement far exceeded what I ever imagined. They are professional, friendly, and really listened to what I had to say. They kept me up to date with the progress of my case every step of the way. I can’t recommend them highly enough.
Testimonial from Sheila L. -
Very professional, communicates well, makes me feel like they have my best interest at heart, and overall just a great company. Christine and the whole team has been on top of everything. Would definitely recommend!! 10/10
Testimonial from Michael M. -
First and foremost I would like to thank the whole team at Grungo Colarulo!! In addition to that, Stephanie & Riley & Drenna have done such an outstanding job taking care of me in such a difficult and low point of my life. I was in a bad car accident & did not know how to move forward with what to do and how to process. Those ladies were there every step, every inch, every mile & beyond with helping me when I had no idea how to navigate. I will forever be thankful for them and for the outcome of my case! If you ever need assistance I highly recommend this practice!!! Beyond professional, helpful, precise, caring, knowledgeable & humble!!!
Testimonial from Rachel F. -
From my first phone call to the end of my case this firm was on the ball!! Always responsive and professional and kept me up to date and informed. This is my firm for any future needs!
Testimonial from Jeffrey F. -
This was my first time ever having to have a lawyer for an automobile accident. From the beginning they took care of everything. They put me at ease so I could concentrate on my medical needs. Everyone I spoke to during the process were always extremely pleasant and knowledgeable.
Thank you to Grungo Colarulo for representing me and getting the settlement you did to help me move forward. I would highly recommend Grungo Colarulo to anyone who wants outstanding legal representation.Testimonial from Pat G. -
This team has been nothing but gentle an generous. Being as this was my first time dealing with a worker’s compensation case I was lost and nervous. But the Grungo Colarulo team has made me feel as comfortable as possible. My needs were addressed with care in a timely fashion. I knew what was going on every step of the way.
Oh, did I mention, WE WON …This teams knowledge of the industry is TOP NOTCH!
Testimonial from Aminah M. -
A dear family friend referred us to a young attorney named Rich Grungo, Jr. We wanted answers and if necessary, justice for our father. From day one of a five-year journey, Mr. Rich Grungo, Jr. made our family and our pain his own. The man never stopped working for us. He kept us informed every step of the way. Questions were answered quickly and with great compassion and expertise. Even though Rich was always busy, he was never too busy for us. We always felt like we were his only clients
Testimonial from Mickey -
I had the opportunity to observe Mr. Grungo work in this case, both in the courtroom on the technical matters of the motions and also as his presentation to the jury in opening and presenting witnesses as well as utilizing animations… and drawings and films that were necessary for a proper understanding of the case…At all times during the presentation, Mr. Grungo operated mostly without notes and questioned the witnesses in a conversational manner which made it most effective. **
New Jersey Superior Court Judge Testimonial -
Thank you for everything. I honestly felt like you treated my son like he was your own son, for that I am grateful. I would recommend your services to anyone. Thanks for being so awesome to both of us.
Testimonial from HD -
It was a pleasure working with Bill. He constantly kept me informed. I would recommend Bill and his firm to anybody I know. They’ll be in good hands.
Testimonial from Gregory -
I had the opportunity to retain Mr. Colarulo for a vehicle accident I encountered. I give him my highest recommendation for anyone in need of an excellent Personal Injury Attorney. Not only does he have an in depth knowledge of the legal field, but he emanates a sense of trust-worthiness that makes you feel secure during the entire process. Mr. Colarulo has the knowledge, drive and enthusiasm that will get the job done for you. He comes highly recommended.
Testimonial from Denise -
Hi Rich, Well I’m on my way up to college to finish packing my son’s stuff up and to go to his Graduation tomorrow. It’s hard to believe how fast and how slow, at the same time 5 years can go by. I was just thinking of you as I am getting ready to leave and wanted to thank you once again for everything you have done for my son’s future. You are a good and just man. God Bless to you and your family.
Be Well,
Testimonial from Bob
Results may vary depending on your particular facts and legal circumstances.
Grungo Colarulo
N/a
