Best Personal Injury Lawyers in Dover, DE

The law forbids an employer from terminating an employee for either bringing a workers' compensation claim or hiring a lawyer to help with his or her claim. If an employer takes negative employment action against an employee because he or she brings a workers' compensation claim, the employer can be subject to fines and the employee may sue the employer for retaliation. Negative employment action can include firing or demoting an employee, reducing pay or hours, or taking away employment benefits.

If you are denied medical treatment after sustaining an injury at work, you need to contact an experienced workers' compensation lawyer. An experienced lawyer can assist you by filing a motion for medical treatment with the Workers Compensation Court which can order the workers' compensation insurance carrier to provide necessary medical treatment. This could require producing a medical report recommending treatment. An experienced workers' compensation attorney will hire a medical expert on your behalf to provide the necessary medical reports.

Under the New Jersey Workers Compensation Law, the workers' compensation insurance carrier must pay the worker lost wages when the doctors take him or her out of work. If the doctors place the worker on modified, restricted, or light-duty work, the worker should return to work only if the employer can accommodate the restricted or modified duty. If the employer cannot accommodate the restrictions, the workers' compensation insurance company must continue to pay the employee until the employee is returned to work full duty or is released from treatment. An experienced lawyer can assist in making sure that an employer follows the work restriction provided by the doctors following an injury at work. If the employer cannot accommodate the work restrictions, an experienced lawyer can take legal action to ensure the worker receives payment for lost wages.

If a worker or employee sustains a work injury that is permanent in nature, the worker is entitled to compensation for permanent injury. The amount of compensation is determined by schedules under the New Jersey Workers Compensation Law. The schedules are also referred to as charts. The charts are used to determine the amount of compensation a worker is entitled to after a work injury. The factors used are the body part that is injured and the degree of permanent injury. An experienced workers' compensation lawyer will ensure the injured worker receives the most that is available under the New Jersey Workers Compensation Law by hiring medical experts to provide medical opinions, making an appropriate demand and effective legal arguments and, when necessary, going to Workers Compensation Court to ensure the worker receives fair compensation.

If you are injured at work in New Jersey and your employer does not have workers' compensation insurance, you can receive medical treatment and lost wages from the uninsured employer's fund, which is a fund that is set up by the State of New Jersey. To make a claim through the uninsured employer's fund, the worker should contact an experienced workers' compensation attorney since the application requires strict compliance with regard to filing and serving legal documents with the New Jersey Workers Compensation Court. Once the correct Petitions and Motions are filed and served, applications for medical treatment and wages can be upon the uninsured fund.