Workers’ Compensation Attorneys

Workers’ Compensation Representation You Can Trust

If you’ve been injured on the job or developed a work-related illness, you may be entitled to compensation for your medical care, lost wages, and long-term recovery. Navigating the workers’ compensation system, however, can be complex and overwhelming—especially when your claim is delayed, denied, or undervalued. At The Law Office of Miller & Gaudio PC, we provide experienced legal guidance to help injured workers across New Jersey secure the full benefits they deserve. Whether you’re filing your first claim or fighting an appeal, our team is here to protect your rights and advocate for your future.

 

Why Choose The Law Office of Miller & Gaudio PC

Proven Experience in Workers’ Compensation Law

At The Law Office of Miller & Gaudio PC, we bring decades of focused experience in representing injured workers throughout New Jersey. Our attorneys are deeply familiar with the intricacies of the state’s workers’ compensation laws, administrative procedures, and courtroom dynamics. We’ve successfully handled cases ranging from straightforward claims to complex appeals involving permanent disability, third-party litigation, and long-term occupational illnesses.

A Client-Centered Approach

We understand that no two injury cases are alike. That’s why we take a personalized approach to every client relationship. From your first consultation, you’ll receive clear communication, strategic guidance, and a roadmap tailored to your medical condition, employment situation, and long-term needs. We answer your questions, explain your options, and keep you informed every step of the way.

Aggressive Advocacy from Start to Finish

Insurers and employers often try to minimize your claim or deny it outright. We don’t let that happen. Our firm is known for its assertive legal representation and tireless commitment to securing the full benefits our clients deserve. Whether negotiating a settlement or litigating before the Division of Workers’ Compensation, we pursue the strongest possible outcome for you and your family.

Results That Matter

We have recovered millions of dollars in benefits and settlements for injured workers across all industries, including construction, healthcare, logistics, and manufacturing. Our track record reflects not just legal knowledge, but an unwavering dedication to justice.

No Fees Unless We Win

Our services are provided on a contingency fee basis, meaning you pay nothing unless we recover benefits for you. We remove the financial barrier so you can focus on healing while we fight for your compensation.

 

Understanding Workers’ Compensation Law

What Workers’ Compensation Covers

Workers’ compensation is a no-fault system designed to support employees who suffer injuries or illnesses while performing job-related duties. This includes acute injuries like falls or burns, as well as conditions developed over time such as repetitive stress disorders or exposure-related illnesses.

Common Misunderstandings

Many employees assume they need to prove employer fault or that certain injuries are not eligible. In fact, the law typically favors the employee’s access to treatment and compensation—as long as the injury occurred during the course of employment.

When to Seek Legal Clarity

If you’re unsure whether your injury qualifies or if your employer hesitates to file your report, contact our attorneys immediately. Early legal involvement helps avoid missteps that can delay or derail your claim.

 

Eligibility for Workers’ Compensation Benefits

Types of Eligible Injuries

Eligible injuries include traumatic incidents like broken bones, as well as chronic conditions such as carpal tunnel syndrome or lung damage from chemical exposure. Mental health conditions, like PTSD stemming from job-related trauma, may also qualify.

Benefit Categories Explained

Workers may be entitled to medical treatment, temporary or permanent disability payments, wage loss benefits, and reimbursement for necessary travel expenses related to medical care.

Proving Your Eligibility

Eligibility requires showing a direct connection between your job duties and your injury. Our firm works with medical experts and gathers employment documentation to demonstrate the legal link between your work and your medical condition.

 

Filing Your Workers’ Comp Claim

Legal Deadlines for Filing

In New Jersey, injuries must be reported to your employer within 14 to 30 days, and the claim must typically be filed within two years. Failing to meet these deadlines can invalidate an otherwise legitimate case.

Step-by-Step Claim Submission

The process begins with notifying your employer, followed by formal documentation submitted to the workers’ compensation insurance carrier. We assist in preparing these materials to avoid errors and omissions.

Importance of Documentation

Medical records, witness statements, accident reports, and employer communications all play a vital role. We help you compile a complete case file that supports the validity and severity of your claim.

 

What If Your Claim Is Denied?

Top Reasons Claims Are Denied

Claims may be denied due to disputes about whether the injury is work-related, lack of timely reporting, or incomplete paperwork. Denials can also stem from insufficient medical evidence.

How the Appeal Process Works

Once a claim is denied, you have a limited window—usually 10 to 60 days—to appeal. We handle every aspect of the appeal, from drafting the petition to appearing at formal hearings.

Building a Strong Case

Our appeals strategy involves securing new medical evaluations, identifying legal errors, and building a detailed, fact-based argument. Our experience with judges and insurers allows us to effectively challenge improper denials.

 

Legal Help and Representation

When You Need a Lawyer

You may be able to handle a minor, uncontested claim without legal help. However, if your claim involves serious injuries, ongoing medical needs, or a denial, having a lawyer dramatically increases your chances of success.

Benefits of Legal Representation

Our lawyers manage all communication with insurers, attend hearings, and ensure compliance with filing deadlines. We also identify overlooked benefit categories and protect you from settlement traps.

Our Fee Structure

We work on a contingency basis. You pay nothing unless we win your case. Initial consultations are free and confidential.

 

The Legal Process for Settlement and Appeals

Negotiating a Settlement

Many cases conclude with a settlement that reflects your disability rating, medical costs, and long-term impact. We use expert testimony and detailed calculations to support a full and fair settlement demand.

What to Expect at Hearings

If the insurer disputes your claim, we present your case at a hearing before a judge of compensation. These sessions include medical evidence, witness statements, and legal arguments.

Taking Your Case to Appeal

If the outcome is unfavorable, we may appeal to the Appellate Division or, in rare cases, to the Supreme Court of New Jersey. Our appellate team prepares written briefs and oral arguments to support your position.

 

Legal Obligations of Employers

1. Employer Reporting Requirements

Employers must report workplace injuries to their insurance carrier and provide medical referrals to authorized physicians. Failure to comply can result in penalties and delay your treatment.

2. Retaliation Protections

It is illegal for an employer to fire, demote, or otherwise retaliate against an employee who files a workers’ compensation claim. We represent clients in both the compensation and employment law aspects of such disputes.

3. Enforcing Employer Compliance

If your employer fails to take appropriate action, we intervene. We can file motions with the court to compel compliance or initiate a separate lawsuit for retaliation or negligence.

 

Construction Site Injuries

Construction sites are among the most dangerous work environments. Falls from scaffolding, being struck by falling objects, electrical shocks, and machinery-related injuries are all too common. These incidents can lead to serious physical harm, long-term disability, or even death.

 

Proving Liability

Even if the employer’s insurance covers the initial claim, establishing liability is critical for maximizing benefits. We investigate the chain of command on the job site, identifying which contractors or supervisors may have violated safety protocols or failed to maintain equipment.

Gathering Site Evidence

We act quickly to gather photographic evidence, site logs, witness testimony, and OSHA reports. Our legal team collaborates with safety experts to reconstruct events and highlight negligence that strengthens your claim or supports third-party litigation.

 

Occupational Illness / Repetitive Stress

Injuries like carpal tunnel syndrome, tendonitis, hearing loss, and respiratory disorders often develop over time due to repetitive motion or long-term exposure. These conditions may not be immediately obvious but are just as serious as sudden accidents.

Proving Medical Causation

Establishing the connection between the illness and your work duties is often the hardest part. We work with occupational medicine specialists who can diagnose and link your condition to specific job tasks or environmental exposures.

Navigating Long-Term Claims

Occupational illness claims often involve extended treatment, complex medical opinions, and insurer pushback. We help clients manage these long-term cases by coordinating continuous documentation and updating claims as the condition evolves.

 

Third-Party Liability Claims

What Is Third-Party Liability?

Workers’ comp typically prevents employees from suing their employer. However, if another party caused or contributed to your injury, such as an equipment manufacturer or outside contractor, you can file a separate lawsuit.

Common Third-Party Defendants

Potential defendants in third-party claims include negligent subcontractors, property managers, vehicle drivers in work-related accidents, or product manufacturers whose defective tools caused injury.

Coordinating Legal Strategies

We handle both your workers’ compensation claim and your third-party personal injury case simultaneously. This coordination is crucial to avoid double recovery issues and to maximize your total compensation.

 

Frequently Asked Questions

What should I do immediately after a workplace injury?

Report the injury to your employer as soon as possible—ideally the same day it happens. Seek medical attention from an authorized provider if required, and document everything, including how the injury occurred, any witnesses, and your symptoms.

How long do I have to file a workers’ compensation claim in New Jersey?

You generally have 90 days to report the injury to your employer, but to protect your rights, it’s best to report it immediately. Formal claims must typically be filed within two years of the injury or the last compensation payment, whichever comes later.

 

Do I need a lawyer to file a workers’ comp claim?

While it’s possible to file a basic claim without legal help, any claim involving a denial, serious injury, long-term disability, or employer pushback should be handled by an experienced attorney. Legal representation can significantly improve your outcome and protect your rights throughout the process.

What if my claim was denied?

You have the right to appeal. We’ll help you file a formal appeal, gather stronger evidence, and represent you at hearings before the Division of Workers’ Compensation. Many initial denials are successfully overturned with legal support.

Can I sue my employer for my injury?

In most cases, workers’ compensation is your exclusive remedy, meaning you cannot sue your employer directly. However, if a third party—such as a contractor, driver, or manufacturer—contributed to your injury, you may be able to file a separate personal injury lawsuit.

 

Contact The Law Office of Miller & Gaudio PC Today

If you’ve been injured at work or developed an illness related to your job, contact us today for a free consultation. At The Law Office of Miller & Gaudio PC, we are committed to protecting your rights and ensuring that you receive the compensation and care you deserve. Our team is ready to help you through every step—from filing a claim to appealing a denial to litigating third-party suits.