Badge - Rated by Super Lawyers Victor A. Rotolo
Badge - Rated by Super Lawyers Anthony P. Kearns third
Badge - Million Dollar Advocates Forum
Badge - Multi Million Dollar Advocates Forums
Badge - New Jersey Supreme Court Certified Attorney
Badge - New Jersey's Best Lawyers For Families 2018
Badge - AV Preeminent Victor A. Rotolo 2024
Badge - Client Champion Gold 2024
Badge - Hunterdon County Chamber of Commerce
Badge - Top 100 The National Trial Lawyers
Please click Award & Selection Criteria & Methodology for information regarding the specific criteria used for selection of each of the above awards.

Workers' Compensation Law

Injured on the Job? Know Your Rights Under Workers' Compensation Law

Getting sick or injured on the job can be financially devastating. Workers’ Compensation laws were designed to protect you for just this reason. However, should your Workers’ Comp claim be denied, you could be faced with mounting medical bills and the prospect of lost or drastically reduced wages. That’s where a Workers’ Compensation lawyer can help. The experienced Hunterdon County, NJ Workers’ Compensation attorneys at Kearns Rotolo Law will work to protect your rights and fight to get you the benefits and compensation you deserve.

What Is Workers’ Compensation?

Workers’ Compensation is insurance that covers medical expenses and wages in the event you suffer an illness or injury as a direct result of your job. Laws mandating this coverage have been in effect since 1911. Today, every state in the nation has Workers’ Compensation laws, although specific laws may vary by state.

New Jersey law states that all employees must be covered by Workers’ Compensation Insurance or an equivalent federal program. Unlike healthcare insurance, Workers’ Compensation insurance must be paid in full by your employer; you, as a worker, are not required to make any contributions toward your coverage.

How Does Workers’ Compensation Work?

Generally speaking, Workers’ Compensation precludes your right to directly sue your employer for a work-related illness or injury. Rather, if you get sick or are injured on the job, you must file a Workers’ Compensation claim with your employer or his or her insurance company. Your claim is then reviewed to determine if the illness or injury was indeed job-related.

If your claim is accepted, your Workers’ Compensation benefits should cover medical expenses related to that specific illness or injury, as well as your wages, or a portion of them, during your recovery. Workers’ Compensation Insurance also covers permanent disability in the event you suffer a debilitating injury or illness, and death benefits to your dependents if your death can be attributed directly to your job-related duties.

In New Jersey, there is a seven-day waiting period before you can receive your Workers’ Compensation benefits. At the end of this waiting period, which includes weekends and holidays, your benefits will be retroactive to the date of your injury.

Workers’ Compensation Exclusions

Workers Compensation will provide most employees with benefits for medical bills and loss of earnings resulting from on the job injuries regardless of whether the injury was your fault.  However, you would be ineligible to receive Workers’ Compensation benefits if your illness or injury resulted from actions that were:

  • in deliberate violation of your company’s safety policies; 
  • intentional or self-induced; 
  • an attempt to injure another employee; or 
  • the result of intoxication by drugs or alcohol.

Workers’ Compensation Insurance does not cover independent contractors or volunteers. If you become sick or are injured while working in one of these capacities, you have the option of filing a personal injury lawsuit.

Protecting Your Rights under Workers’ Compensation

There is the possibility that your Workers’ Compensation claim will be denied even if your case fits the criteria determined by law. Should this happen, you have the right to appeal the decision. Disputed claims are decided by a Workers’ Compensation Law judge.

If you sustain an injury or illness you believe to be directly associated with your job, you want to make sure your rights under New Jersey's Workers’ Compensation Laws are fully protected. The Lebanon, NJ attorneys at Kearns Rotolo Law have decades of experience in matters pertaining to New Jersey Workers’ Compensation and Personal Injury Law. Call today to discuss the specifics of your case with one of our legal professionals.

Flemington, NJ | Clinton, NJ | Hunterdon County Area Professionals

Call or contact us today to discuss the specifics of your local case with one of our experienced Workers' Compensation attorneys.

What Our Clients are Saying

I was very proud to be represented by Tony and felt secure at a time I needed a compass to head out of a difficult bind. Confidence in your counsel and a sense of security in understanding how best to proceed are important reasons to consider Anthony Kearns and his team of outstanding lawyers.

- Lynn

Tony was excellent! He was knowledgeable, responsive and on-time. His experience as a County Prosecutor definitely helped our case as he knows how the legal system works and how to navigate. I highly recommend Tony and his office.

- Matt

Thankfully I found Kearns Rotolo Law and I had a wonderful experience working with Charles Rifici on a difficult divorce/child custody issue. I am so grateful for all the work and guidance he provided. He always took his time and diligently went through all my options with me so I could make the decisions that benefitted my family and I. I will be forever thankful for the top notch services he provided.

- Cinthya

In March of 2022 I contacted Kearns Rotolo Law Firm with an urgent problem, Mr. Kearns and Mr. Rotolo contacted me immediately to give me hope as to rectify my problem. The end result was Mr Kearns was able to solve my issue through extreme professionalism, I am very grateful I found Kearns Rotolo Law firm and I would recommend their law firm to anyone that has a less extreme problem or a more complex problem, I am very grateful for their services.

- Bill

I met with Mr. Kearns yesterday about a devastating situation affecting our family. Mr. Kearns and his entire staff made us feel extremely comfortable and showed our family a compassionate side that gave us comfort in the most uncomfortable of situations. Thank you very much. God Bless.

- Christian