Personal Injury Law Journal

Alfred P. Vitarelli

avitarelli@stark-stark.com
856.874.4420

Alfred P. Vitarelli is a Shareholder and member of Stark & Stark’s Workers’ Compensation Group where he focuses his practice primarily on Workers’ Compensation litigation. Mr. Vitarelli has practiced Worker's Compensation throughout New Jersey since 1981.

Mr. Vitarelli is a graduate of Rutgers University School of Law and remains an active Alumni Board member and Officer, including serving a term as Alumni Chancellor and serving on the Alumni Scholarship Committee for many years. From 1994 to December 2009, Mr. Vitarelli was an Adjunct Professor at Widener University’s Wilmington campus teaching Workers’ Compensation law. In 1993 he was appointed by the New Jersey Supreme Court to an Ad Hoc committee of the Board on Attorney Certification investigating expansion of Certification into the areas of Workers’ Compensation and Matrimonial Law. When the Court formally initiated Workers’ Compensation as an area of specialization in 1996, Mr. Vitarelli was appointed to the Board on Attorney Certification and was named Chair of the Board’s Workers’ Compensation Committee. In December 2008 his terms were extended by the Supreme Court for an additional year. In addition to his affiliations within the legal community he currently serves as a member of the United States Coast Guard Auxiliary, and is a past Vice Flotilla Commander of Flotilla 13-3.

I was injured at work and have continuing problems but was able to return to my job. My brother-in-law who lives in another state has a similar injury and also returned to his job. He told me that since I returned to my job I am not eligible for any permanent disability. Is he correct?

The answer is NO.

States differ in how they measure and award disability payments. In the case of the brother-in-law his state Worker’s Compensation law probably has what is known as a loss of income or loss of earnings rule. This means that if a worker is able to return to work without loss of income or earning capacity no permanent disability is awarded.

That is not the law in New Jersey, which has a “functional loss” rule. The New Jersey statute allows a payment of partial permanent disability where the worker is able to return to work. The law defines partial disability as:

“…a permanent impairment caused by a compensable accident or compensable occupational disease, based upon demonstrable objective evidence, which restricts the function of the body or of its members or organs; included in the criteria which shall be considered shall be whether there has been a lessening to a material degree of an employee’s working ability. Subject to the above provisions, nothing in this definition shall be construed to preclude benefits to a worker who returns to work following a compensable accident even if there be no reduction in earnings.”

In order to prove permanent disability there must be medical proof in the form of a doctor’s opinion.

Of course, not everyone who has continuing problems qualifies for disability payments. The law also states that minor lacerations, sprains, etc. do not constitute permanent disability. If you have any questions or concerns about whether you qualify for a payment of disability please call the worker’s compensation attorneys here at Stark & Stark.

Al Vitarelli is a Shareholder in Stark & Stark’s Marlton, New Jersey office, specializing in Workers’ Compensation Law. For more information, please contact Mr. Vitarelli.

I have previously received partial permanent awards for back and shoulder injuries. I then injured my hand in a work-related accident and my case is ready to settle.  Are hand injuries compensated in the same manner as back and shoulder injuries?

The short answer is no.

In New Jersey, not all body parts are “worth” the same amount in terms of partial permanent disability. We have a system which is basically divided into two groups of injuries: “scheduled” and “non-scheduled.”

Scheduled injuries include hands, arms, fingers, legs, feet, toes, eyes and ears. Each scheduled part is assigned a certain number of weeks of disability under our Worker’s Compensation statute.

Non-scheduled parts include the spine, neck, shoulders, nervous system, etc. These injuries are awarded based on 600 weeks, and are described in terms of partial total disability. For example, the hand is assigned 245 weeks. An award of 10% of the hand is 24.5 weeks, paid in a given year’s rate of disability. The award would be called “10% disability of the statutory hand.” In contrast, an award of 10% for a low back injury is 60 weeks. It would be called “10% partial permanent disability for an injury to the low back.”

There are exceptions to this. One major exception is when two “major” scheduled members are involved, such as hands or legs. In that situation, the award of disability will usually be expressed in terms of partial total.

In any situation, in order to ensure you are awarded the maximum benefit the law provides, you should always consult an experienced worker’s compensation attorney. The workers’ compensation attorneys here at Stark & Stark are ready to answer your questions and provide quality representation.

Al Vitarelli is a Shareholder in Stark & Stark’s Marlton, New Jersey office, specializing in Workers’ Compensation Law. For more information, please contact Mr. Vitarelli. 

During the holiday season, and at various times during the year many employers sponsor parties, receptions, dinners, etc.  During the warmer months employers often sponsor softball teams, picnics, etc. Are injuries sustained during these employer-sponsored activities compensable?

As a general rule, two tests must be met for an injury sustained during one of these activities to be considered compensable under the New Jersey Worker’s Compensation Act. First, the activity in question must provide a benefit to the employer over and above employee morale and health. There must be a tangible benefit to the employer. For example, if an employer sponsors a holiday party and invites customers and prospective customers with the intent of increasing business, the first test is usually met. On the other hand, if the party is just for employees as a “reward” and to celebrate the holiday, this test is not met.

The second test is there must be some compulsion on the part of the employee to attend. If the employees are simply invited to attend, the event probably does not meet the second test.

Obviously, each situation will be fact-sensitive. Workers injured during employer-sponsored parties should always consult with a qualified Worker’s Compensation attorney as soon as possible. The attorneys in the Worker’s Compensation Department at Stark & Stark are always ready to help such injured workers.

I was injured playing on my company’s softball team. Am I eligible for workers' compensation benefits?

 

The answer to this question is dependent upon the facts surrounding the softball game. In New Jersey, an injury sustained while the worker is participating in a recreational event is compensable only if two factors are satisfied:  (1) the activity in question must be a regular incident of employment; and (2) the activity must produce for the employer a benefit more than improved employee health and morale.

A regular incident of employment is generally interpreted as requiring a showing that there was some compulsion on the part of the employee to participate. This means that the employee was in some way expected or required to play. If the employer sponsors a team in a league and supplies uniforms and equipment, but does not require an employee to participate, than the event may not be an incident of employment.

The second test requires a showing that the employer is obtaining a benefit from the event over and above employee health and morale. This usually requires a showing that the employer is using the event to improve or expand its business activity, such as to obtain new clients or generate increased sales.

Obviously injuries sustained during a social event are very fact-sensitive. Anyone injured during such an activity should always consult an experienced Worker’s Compensation attorney as soon as possible. The Workers' Compensation Attorneys in Stark & Stark's Marlton, New Jersey office are always ready to assist injured workers facing such situations.

Fights on the job, while rare, sometimes result in injuries. Employers often deny worker’s compensation benefits for these injuries. However, under New Jersey law these injuries can be considered compensable in some situations.

The law recognizes that fights can occur on the job and injuries result. To determine if such injuries are compensable the court will look at the pre-fight relationship of the parties involved in the fight. Unless the fight occurred as the result of a previous dispute or problem between the parties, which began off the job and was unrelated to work, such injuries are often times found to be compensable. When the fight results from a dispute over how the work is done, or over a clearly work-related issue, compensation benefits are usually awarded. Even when the fight results only because two workers were put in close proximity to each other as a result of the work, compensability is often found.

It is when the “fighters” began the dispute off the job, over some personal matter, and bring their dispute into the workplace that a court will generally find the injuries to be outside the coverage of the compensation law and will deny benefits. Of course, each situation should be examined on its own merits. If you are injured on the job as a result of a fight the experienced Worker’s Compensation attorneys at Stark and Stark are ready to advise and assist you.