Law Offices of Mitchell Schley, LLC

New York and New Jersey Labor and Employment Lawyer

197 Route 18 South
South Tower – Suite 3000
East Brunswick, NJ 08816
Phone: (732) 325-0318
Fax: (732) 325-0317

245 Park Avenue, 39th Floor,
New York, NY 10167
Phone: (212) 672-1848
Fax: (212) 372-8798

Contact us for a free telephone consultation at

(732) 325-0318

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About Mitchell Schley, ESQ

Workers’ Compensation

Workers’ compensation provides benefits for employees who are injured at work. It is important for employees to know that in New Jersey or New York, workers injured on the job may receive workers’ compensation payments even if they are undocumented or illegal immigrants.

If you are injured at work, you are entitled to receive 1) medical treatment, 2) pay while you are out of work, and 3) pay for the injuries if it causes a permanent disability. If you are injured at work, it is important that you report the injury to the employer. You should also contact an attorney who can make sure you receive the benefits you are entitled to. An injured employee is entitled to benefits regardless of what caused the injury or if it was the employee’s or the employer’s fault.

The employer is permitted to select the doctor who will treat the worker’s injury. If the employer does not select a doctor, the employee can select the doctor. If there is an emergency, the employee can get treatment without approval by the employer.

An employee is entitled to pay if they are out of work due to the injury for more than seven calendar days. The benefit amount is seventy percent of the employee’s regular pay up to a certain maximum.

If the employer tries to stop an injured worker from getting benefits, a lawyer can help the worker file a workers’ compensation claim. The worker does not need to have immigration papers to file a claim for benefits.

It is against the law for an employer to fire or discriminate against an employee because the employee makes a claim for workers’ compensation benefits. It is illegal retaliation. If you are retaliated against, you should speak to a labor lawyer who can help you.

If you receive workers’ compensation benefits, the employer will pay most of the employee’s legal fee. If you do not recover any money, you do not have to pay your lawyer.

Mitchell Schley is an attorney who practices labor law at the Law Offices of Mitchell Schley, LLC, in East Brunswick and New York City. He can be reached at (732) 325-0318 or at

Office Weekly Update Weekly

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Blog of the Week

Production Over Safety at Tesla: “People are getting hurt every day”

Elon Musk, owner of SpaceX and Tesla is a seriously strange and driven guy. That can be a good thing in some circumstances and even amusing if it’s your next door neighbor or crazy uncle. But when you own a major car company, it can mean workers getting hurt or killed. Last May we wrote about a report chronicling Tesla’s poor safety record. And things apparently aren’t getting any better.

Thought for the Week

"On the week of Workers Memorial Day "We still have not reached the ultimate goal. We can analyze data and numbers but that doesn't change the horrific stories and the loss felt by loved ones and coworkers behind every single workplace fatality statistic.""

–Dennis Williams UAW President

List of the Week

from Workplace Fairness

Top Searches on Workplace Health and Safety this Week:

  • What to do if you're injured at work
  • Infectious diseases in the workplace
  • State smoking laws in the workplace


Top Five News Headlines

  1. What Caused the Decline of Unions in America?
  2. The Way We Work Is Killing Us
  3. NFL Cheerleaders: Minimum Wage for a Job Where You Don't Even Get to Pick Your Own Hair Color
  4. Public Servants Are Losing Their Foothold in the Middle Class
  5. Another Safety Probe Hits Tesla After Subcontractor Breaks Jaw

Law Offices of Mitchell Schley, LLC
197 Route 18 South, South Tower – Suite 3000, East Brunswick, NJ 08816 • Phone: (732) 325-0318 • Fax: (732) 325-0317
245 Park Avenue, 39th Floor, New York, NY 10167 • Phone: (212) 672-1848 • Fax: (212) 372-8798
Contact us today »