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Workman's Compensation WORKMAN'S COMPENSATION • In cases of dispute between an employee and employer, an employee and insurance carrier any injured party has the following remedies:
INFORMAL HEARING• These proceedings are meant to resolve issues without resorting to more involved and lengthy formal litigation. • The issues such as the amount of temporary benefits, medical treatment and permanency benefits may be raised at this hearing. • The suggestions made by the judge during an informal hearing are not binding on either party and the employee always has the right to file a formal claim petition within the statutory time period. • The injured worker also has the right to seek the advice of legal counsel at such proceedings if he or she wishes. • However, in more complicated cases, particularly where serious substantial permanent injury is alleged, the assistance of legal counsel is recommended. • If the injured worker chooses to have legal counsel, legal fees are normally limited to 10% of the awarded amount , payable by the injured worker. • After the filing the application for an informal hearing, the worker, the employer and/or their insurance company will receive scheduling information from the Division within a few weeks. • Informal claims are typically resolved within the first or second hearing. Formal Claim Petitions• Any injured person may file an a formal claim petition with the Division of Workers' Compensation, New Jersey, Department of Labor and Workforce Development. • The first hearing before a judge of compensation is typically held within six months from the date of filing. • Cases are usually assigned to a district office by either the county of residence of the injured worker, or if the worker lives out of state, the county where the employer is located. • The majority of all formal cases are resolved during the pre-trial conference stage. • Immediate recourse to the worker in need of prompt medical treatment and temporary benefits. • The worker may choose to file a "Motion for Medical and Temporary Benefits" which is assigned an initial hearing date before a Judge of Compensation within 30 days of filing. • However, if the issues cannot be resolved during the pretrial stage, trial commences with the taking of testimony of the injured worker, medical and laying witnesses. • At the conclusion of trial, the judge renders a decision based upon the relevant evidence surrounding the case. • Attorneys cannot charge a fee in advance for legal services rendered in such cases. Legal fees can only be awarded by a judge of compensation and only if a compensation award is made. The fees are usually limited to 20% of the awarded judgment, payable by the injured worker and the employer and/or insurance carrier. AddressDivision of Workers' Compensation WORKMAN'S COMPENSATION• In cases of dispute between an employee and employer, an employee and insurance carrier any injured party has the following remedies:
INFORMAL HEARING• These proceedings are meant to resolve issues without resorting to more involved and lengthy formal litigation. • The issues such as the amount of temporary benefits, medical treatment and permanency benefits may be raised at this hearing. • The suggestions made by the judge during an informal hearing are not binding on either party and the employee always has the right to file a formal claim petition within the statutory time period. • The injured worker also has the right to seek the advice of legal counsel at such proceedings if he or she wishes. • However, in more complicated cases, particularly where serious substantial permanent injury is alleged, the assistance of legal counsel is recommended. • If the injured worker chooses to have legal counsel, legal fees are normally limited to 10% of the awarded amount , payable by the injured worker. • After the filing the application for an informal hearing, the worker, the employer and/or their insurance company will receive scheduling information from the Division within a few weeks. • Informal claims are typically resolved within the first or second hearing. Formal Claim Petitions• Any injured person may file an a formal claim petition with the Division of Workers' Compensation, New Jersey, Department of Labor and Workforce Development. • The first hearing before a judge of compensation is typically held within six months from the date of filing. • Cases are usually assigned to a district office by either the county of residence of the injured worker, or if the worker lives out of state, the county where the employer is located. • The majority of all formal cases are resolved during the pre-trial conference stage. • Immediate recourse to the worker in need of prompt medical treatment and temporary benefits. • The worker may choose to file a "Motion for Medical and Temporary Benefits" which is assigned an initial hearing date before a Judge of Compensation within 30 days of filing. • However, if the issues cannot be resolved during the pretrial stage, trial commences with the taking of testimony of the injured worker, medical and laying witnesses. • At the conclusion of trial, the judge renders a decision based upon the relevant evidence surrounding the case. • Attorneys cannot charge a fee in advance for legal services rendered in such cases. Legal fees can only be awarded by a judge of compensation and only if a compensation award is made. The fees are usually limited to 20% of the awarded judgment, payable by the injured worker and the employer and/or insurance carrier. AddressDivision of Workers' Compensation
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