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      <title>Personal Injury Law Journal - James L. Creegan</title>
      <link>http://www.personalinjurylawjournal.com/author/james-l-creegan</link>
      <description>New Jersey Product Liability Lawyers &amp; Attorneys : Stark &amp; Stark Law Firm</description>
      <language>en</language>
      <copyright>Copyright 2013</copyright>
      <lastBuildDate>Thu, 13 Jun 2013 09:06:45 -0500</lastBuildDate>
      <pubDate>Thu, 13 Jun 2013 09:06:45 -0500</pubDate>
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         <title>Reporting Work Related Injuries:  Deadline Under New Jersey Law</title>
         <description><![CDATA[<p>When do you have to report a work related injury in New Jersey?&nbsp;&nbsp; No matter what anyone tells you, you have 90 days to report a specific accident and be eligible for workers&rsquo; compensation benefits in New Jersey.&nbsp;&nbsp; Internal employer policies can be different, but this does not mean you can&rsquo;t receive workers&rsquo; compensation benefits.&nbsp;&nbsp; This means your employer can create its own policies and discipline you for failing to report an injury within its own internal deadlines.&nbsp; &nbsp;<br /><br />Basically, your worker&rsquo;s compensation rights include medical treatment, temporary benefits and potentially a permanent disability award for the extent of your permanent impairment.&nbsp;&nbsp; These are benefits paid by your employer&rsquo;s workers&rsquo; compensation carrier.&nbsp;&nbsp; Discipline for failing to follow an employer policy is a separate labor issue.&nbsp; &nbsp;<br /><br />As I indicated above, the workers&rsquo; compensation statute allows for 90 days to report an accident, but the language of the statute encourages injured workers&rsquo; to report an injury as soon as possible.&nbsp; &nbsp;<br /><br />N.J.S.A. 34:15-17 Notification of employer<br />Unless the employer shall have actual knowledge of the occurrence of the injury, or unless the employee, or someone on his behalf, or some of the dependents, or someone on their behalf, shall give notice thereof to the employer within 14 days of the occurrence of the injury, then no compensation shall be due until such notice is given or knowledge obtained.&nbsp;&nbsp; If the notice is given, or knowledge obtained, within 30 days from the occurrence of the injury, no want failure or inaccuracy of a notice shall be a bar to obtaining compensation, unless the employer shall show that he was prejudiced by such want, defect and inaccuracy, and then only to the extent of such prejudice.&nbsp; If the notice is given, or the knowledge obtained within 90 days , and if the employee, or other beneficiary shall show that his failure to give prior notice was due to his mistake, inadvertence, ignorance of fact or law, or inability, or to the fraud, misrepresentation or deceit of another person, or to any other reasonable cause or excuse, then the compensation may be allowed, unless, and then to the extent only that the employer shall show that he was prejudiced by failure to receive such notice.&nbsp;&nbsp; Unless knowledge be obtained, or notice given, within 90 days after the occurrence of the injury, no compensation shall be allowed.<br /><br />The key thing to take away from the worker&rsquo;s compensation statute is that if you do not report an injury within 90 days, you cannot receive workers&rsquo; compensation benefits.&nbsp;&nbsp; There is really no way around this.&nbsp;&nbsp; It creates three deadlines for reporting injuries: 14 days, 30 days, and finally 90 days.&nbsp;&nbsp; What this means, is the earlier you report an injury, the better.&nbsp;&nbsp; &nbsp;<br /><br />How do you protect yourself?&nbsp;&nbsp; The best course of action is to report all accidents and injuries when they happen whether or not you need immediate medical assistance.&nbsp;&nbsp; You will be better off reporting an injury when it happens and advising your supervisor that you&rsquo;d like to wait and see how it feels over the next couple of days.&nbsp; When in doubt, report it and see how you feel over the next few days.&nbsp;&nbsp; &nbsp;<br /><br /><a href="http://www.personalinjurylawjournal.com/workers-compensation/reporting-work-related-injuries-when-internal-employer-polices-and-requirements-differ-from-the-work/">In another blog post</a>, I discuss the difference between the worker&rsquo;s compensation statute and the accident reporting requirements of individual employers.&nbsp;</p>
<p><em><a style="border: 0px none; margin: 0px; padding: 0px; outline-color: -moz-use-text-color; outline-style: none; outline-width: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="http://injury.stark-stark.com/lawyer-attorney-1525472.html">James Creegan</a>&nbsp;is a Shareholder in Stark &amp; Stark's&nbsp;<a style="border: 0px none; margin: 0px; padding: 0px; outline-color: -moz-use-text-color; outline-style: none; outline-width: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="http://injury.stark-stark.com/lawyer-attorney-1495735.html">Lawrenceville, New Jersey</a>&nbsp;office concentrating his practice in&nbsp;<a style="border: 0px none; margin: 0px; padding: 0px; outline-color: -moz-use-text-color; outline-style: none; outline-width: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="http://injury.stark-stark.com/lawyer-attorney-1495644.html">Workers' Compensation law</a>. For questions, or to schedule a free consultaiton with Mr. Creegan, please&nbsp;<a style="border: 0px none; margin: 0px; padding: 0px; outline-color: -moz-use-text-color; outline-style: none; outline-width: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="mailto:jcreegan@stark-stark.com">contact him here</a>.</em></p>]]></description>
         <link>http://www.personalinjurylawjournal.com/reporting-work-related-injuries-deadline-under-new-jersey-law/</link>
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         <pubDate>Mon, 11 Feb 2013 14:21:17 -0500</pubDate>
         <dc:creator>James L. Creegan</dc:creator>
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         <title>Reporting Work Related Injuries:   When Internal Employer Polices and Requirements Differ from the Workers&apos; Compensation Law</title>
         <description><![CDATA[<p><a href="http://www.personalinjurylawjournal.com/workers-compensation/dont-take-a-wait-and-see-approach-to-incident-reporting/">In a another blog post</a>, I explained that you have 90 days to report a work injury in New Jersey.&nbsp;&nbsp; What happens when your employer has a different policy?&nbsp;&nbsp; Employers are allowed to create their own internal deadlines for reporting injuries.&nbsp;&nbsp; Often employers will require reporting on the job injuries within 24 or 48 hours.&nbsp;&nbsp; Does this mean your employer can permanently deny your workers&rsquo; compensation claim?&nbsp; No.</p>
<p>However, if you take too long to report a claim, your employer or its insurance carrier will very likely deny your claim.&nbsp;&nbsp; This means you&rsquo;ll have an uphill battle to receive workers&rsquo; compensation benefits.&nbsp;&nbsp;&nbsp;</p>
<p>An employer can require you to report an injury within a certain amount of time just like it can require you to arrive to work on time every day.&nbsp;&nbsp;&nbsp; If you are consistently late, your employer will discipline or terminate you.&nbsp;&nbsp; If an employer policy regarding accident reporting only applies internally, you are still protected by the workers&rsquo; compensation statute when it comes to your worker&rsquo;s compensation benefits.&nbsp;&nbsp;&nbsp;&nbsp;</p>
<p>Under New Jersey Law, you can receive workers&rsquo; compensation benefits as long as you report the injury within 90 days.&nbsp;&nbsp; It is very important to understand this difference.&nbsp; The workers&rsquo; compensation statute does NOT protect you from discipline for violating your employer&rsquo;s policy.&nbsp;&nbsp;&nbsp;</p>
<p>For instance, an employer can require all accidents to be reported the same day or within 24 hours.&nbsp;&nbsp; These policies are permissible, and if you do not follow them you could be subject to reprimand or further discipline, including termination, from your employer.&nbsp; Even though this is different than the workers&rsquo; compensation requirements under the New Jersey Workers&rsquo; Compensation statute, it is allowed because it doesn&rsquo;t actually impact your right to workers&rsquo; compensation benefits.&nbsp;&nbsp;</p>
<p>What if your employer requires that all accidents are reported within 24 hour?&nbsp; &nbsp;&nbsp;If you injure yourself at work on a Friday and wait to report it because you want to see how your injury feels over the weekend, then your employer can discipline you for failing to report the injury within 24 hours.&nbsp; You could receive a write up or possibly be terminated for failing to follow your employer&rsquo;s policy.&nbsp;&nbsp;&nbsp;</p>
<p>However, your employer cannot deny you workers&rsquo; compensation benefits if you report an accident within 90 days due to the worker&rsquo;s compensation statute.&nbsp;&nbsp; A specific injury is one that you can pinpoint the time and place of when you were injured.&nbsp;&nbsp; This is different than a repetitive stress injury that occurs over a period of time from performing the same strenuous activities over and over at work.&nbsp;&nbsp; This does NOT mean your employer or it&rsquo;s workers&rsquo; compensation carrier won&rsquo;t deny your claim.&nbsp;&nbsp;</p>
<p>Employers enact their own internal reporting requirements for several reasons.&nbsp;&nbsp; The quicker the accident is reported, the sooner they can investigate the claim.&nbsp;&nbsp;&nbsp; Employers are looking for other causes to an injury, and the longer you take to report an injury, the more likely your employer will look to show that it is not work related.</p>
<p><br /> As I&rsquo;ve said before, if you&rsquo;re hurt at work, report it when it happens.&nbsp;&nbsp; You will not do yourself any favors by failing to report an on the job injury.&nbsp;&nbsp;&nbsp;</p>
<p><em><a style="border: 0px none; margin: 0px; padding: 0px; outline-color: -moz-use-text-color; outline-style: none; outline-width: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="http://injury.stark-stark.com/lawyer-attorney-1525472.html">James Creegan</a>&nbsp;is a Shareholder in Stark &amp; Stark's&nbsp;<a style="border: 0px none; margin: 0px; padding: 0px; outline-color: -moz-use-text-color; outline-style: none; outline-width: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="http://injury.stark-stark.com/lawyer-attorney-1495735.html">Lawrenceville, New Jersey</a>&nbsp;office concentrating his practice in&nbsp;<a style="border: 0px none; margin: 0px; padding: 0px; outline-color: -moz-use-text-color; outline-style: none; outline-width: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="http://injury.stark-stark.com/lawyer-attorney-1495644.html">Workers' Compensation law</a>. For questions, or to schedule a free consultaiton with Mr. Creegan, please&nbsp;<a style="border: 0px none; margin: 0px; padding: 0px; outline-color: -moz-use-text-color; outline-style: none; outline-width: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="mailto:jcreegan@stark-stark.com">contact him here</a>.</em></p>]]></description>
         <link>http://www.personalinjurylawjournal.com/workers-compensation/reporting-work-related-injuries-when-internal-employer-polices-and-requirements-differ-from-the-work/</link>
         <guid isPermaLink="false">http://www.personalinjurylawjournal.com/workers-compensation/reporting-work-related-injuries-when-internal-employer-polices-and-requirements-differ-from-the-work/</guid>
         <category domain="http://www.personalinjurylawjournal.com/">Workers&apos; Compensation</category>
         <pubDate>Mon, 11 Feb 2013 14:17:11 -0500</pubDate>
         <dc:creator>James L. Creegan</dc:creator>
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         <title>What does it mean when the doctor says I&apos;ve reached Maximum Medical Improvement?</title>
         <description><![CDATA[<p>If you&rsquo;ve treated for a work related injury in New Jersey, chances are you&rsquo;re familiar with the phrase &lsquo;Maximum Medical Improvement&rsquo; (MMI).&nbsp; This refers to the point where you have reached a plateau with regards to treatment.&nbsp;&nbsp; Basically, the point at which you are no longer becoming noticeably better or worse.&nbsp;&nbsp; This does not mean the doctor thinks you are cured, just that your physician feels you have reached the maximum benefit from your course of treatment. &nbsp;<br /><br />What happens now.&nbsp;&nbsp; If you are not seeking additional medical treatment, then it is time to determine your permanent impairment that results from your injury.&nbsp;&nbsp;&nbsp; If you have permanent functional loss as a result of a work related injury, you are entitled to a permanent disability award, a cash award based upon the overall level of permanent impairment.&nbsp;&nbsp; &nbsp;<br /><br />If you feel that you are still in need of additional medical treatment, you should request a second opinion with a doctor that specializes in your type of injury.&nbsp;&nbsp; The law does not require a workers&rsquo; compensation carrier to grant a second opinion, however, this does not mean it won&rsquo;t happen.&nbsp; &nbsp;<br /><br />After discharge, workers&rsquo; compensation carriers are only required to provide treatment that is curative (such as surgery, diagnostic testing to determine a course of treatment, post surgical physical therapy) not palliative treatment, such as pain medicine for ongoing pain.&nbsp;&nbsp; &nbsp;<br /><br />You should contact an attorney if you are having difficulty obtaining medical treatment or if you have a permanent injury as a result of a work accident.&nbsp;&nbsp; Please feel free to contact me directly with any questions or to schedule an appointment to discuss a potential workers&rsquo; compensation claim.</p>
<p><em><a style="border: 0px none; margin: 0px; padding: 0px; outline-color: -moz-use-text-color; outline-style: none; outline-width: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="http://injury.stark-stark.com/lawyer-attorney-1525472.html">James Creegan</a>&nbsp;is a Shareholder in Stark &amp; Stark's&nbsp;<a style="border: 0px none; margin: 0px; padding: 0px; outline-color: -moz-use-text-color; outline-style: none; outline-width: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="http://injury.stark-stark.com/lawyer-attorney-1495735.html">Lawrenceville, New Jersey</a>&nbsp;office concentrating his practice in&nbsp;<a style="border: 0px none; margin: 0px; padding: 0px; outline-color: -moz-use-text-color; outline-style: none; outline-width: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="http://injury.stark-stark.com/lawyer-attorney-1495644.html">Workers' Compensation law</a>. For questions, or to schedule a free consultaiton with Mr. Creegan, please&nbsp;<a style="border: 0px none; margin: 0px; padding: 0px; outline-color: -moz-use-text-color; outline-style: none; outline-width: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="mailto:jcreegan@stark-stark.com">contact him here</a>.</em></p>]]></description>
         <link>http://www.personalinjurylawjournal.com/workers-compensation/what-does-it-mean-when-the-doctor-says-ive-reached-maximum-medical-improvement/</link>
         <guid isPermaLink="false">http://www.personalinjurylawjournal.com/workers-compensation/what-does-it-mean-when-the-doctor-says-ive-reached-maximum-medical-improvement/</guid>
         <category domain="http://www.personalinjurylawjournal.com/">Workers&apos; Compensation</category>
         <pubDate>Wed, 16 Jan 2013 08:07:48 -0500</pubDate>
         <dc:creator>James L. Creegan</dc:creator>
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         <title>Don&apos;t take a &apos;Wait and See&apos; approach to Incident Reporting</title>
         <description><![CDATA[<p>Do you have to report a work accident immediately after it happens in New Jersey?&nbsp; Technically, no &ndash; however, the longer you wait to report the incident, the more likely the claim will be denied.<br /><br />Even if you don&rsquo;t require immediate medical treatment, report any accidents and injuries that occur at work to your supervisor.&nbsp;&nbsp; It&rsquo;s never a good idea to take a wait and see approach.&nbsp;&nbsp; If, for example, you have a lifting injury on a Friday, but decide to wait and see if the pain goes away over the weekend, by the time you return to work on Monday the insurance carrier can claim the injury occurred at home over the weekend.&nbsp; Failing to report an on the job injury can be disastrous.&nbsp;&nbsp; You cannot receive treatment for a work related injury through your private health insurance, so if the workers&rsquo; compensation carrier denies your claim because you waited to report it, you will have difficulty obtaining medical treatment.<br /><br />I recommend that you obtain a written incident report and make sure it includes the name of the person you reported the accident to.&nbsp;&nbsp;&nbsp; Once you report the accident, you have two (2) years to file a formal workers&rsquo; compensation claim from either the date of the accident or the last date of workers&rsquo; compensation benefits paid by your employer, whichever is later.&nbsp;&nbsp; Reporting the accident properly will buy you a lot of time to see if an injury goes away or not.&nbsp; &nbsp;<br /><br />If you seek emergency room treatment after hours as a result of an on the job injury, make sure to give an accurate description as to how you were hurt.&nbsp;&nbsp; Emergency room records can be very helpful in proving that an injury is work related, however, if the records say you were injured at home or there was &lsquo;no specific trauma&rsquo;, this raises a red flag to the carrier and eventually the Judge.&nbsp; &nbsp;<br /><br />While the New Jersey Workers&rsquo; Compensation statute allows 14 days to report an accident, and in some cases up to 90 days, your employer can have policies that result in reprimands or discipline if you fail to report an accident on time.&nbsp;&nbsp;&nbsp;&nbsp; This doesn&rsquo;t mean that treatment will be denied in the long run, but you should be aware of specific policies that your employer has with regards to incident reporting.&nbsp;&nbsp; &nbsp;<br /><br />If you require assistance obtaining treatment or would like to discuss a potential workers&rsquo; compensation claim, please contact me with any questions or call to schedule a free consultation.&nbsp;</p>
<p><em><a style="border: 0px none; margin: 0px; padding: 0px; outline-color: -moz-use-text-color; outline-style: none; outline-width: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="http://injury.stark-stark.com/lawyer-attorney-1525472.html">James Creegan</a>&nbsp;is a Shareholder in Stark &amp; Stark's&nbsp;<a style="border: 0px none; margin: 0px; padding: 0px; outline-color: -moz-use-text-color; outline-style: none; outline-width: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="http://injury.stark-stark.com/lawyer-attorney-1495735.html">Lawrenceville, New Jersey</a>&nbsp;office concentrating his practice in&nbsp;<a style="border: 0px none; margin: 0px; padding: 0px; outline-color: -moz-use-text-color; outline-style: none; outline-width: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="http://injury.stark-stark.com/lawyer-attorney-1495644.html">Workers' Compensation law</a>. For questions, or to schedule a free consultaiton with Mr. Creegan, please&nbsp;<a style="border: 0px none; margin: 0px; padding: 0px; outline-color: -moz-use-text-color; outline-style: none; outline-width: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="mailto:jcreegan@stark-stark.com">contact him here</a>.</em></p>]]></description>
         <link>http://www.personalinjurylawjournal.com/workers-compensation/dont-take-a-wait-and-see-approach-to-incident-reporting/</link>
         <guid isPermaLink="false">http://www.personalinjurylawjournal.com/workers-compensation/dont-take-a-wait-and-see-approach-to-incident-reporting/</guid>
         <category domain="http://www.personalinjurylawjournal.com/">Workers&apos; Compensation</category>
         <pubDate>Wed, 09 Jan 2013 08:00:45 -0500</pubDate>
         <dc:creator>James L. Creegan</dc:creator>
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         <title>Office of Attorney Ethics Charges Defense Attorney&apos;s With Improperly Accessing a Plaintiff&apos;s Facebook Account</title>
         <description><![CDATA[<p>Do you have a Facebook page? &nbsp; If you do, everyone from prospective employers to insurance carriers may be looking for you. &nbsp; The New Jersey Office of Attorney Ethics (OAE) recently charged two defense attorney&rsquo;s with improperly asking their paralegal to &lsquo;friend&rsquo; the plaintiff in an ongoing case. &nbsp;The defense attorneys wanted pictures or information showing the plaintiff was not disabled and attempted to use video of the plaintiff wrestling his brother and cross country travel against him. &nbsp; &nbsp;</p>
<p>According to an article in the New Jersey Law Journal, &ldquo;The OAE says the conduct violated Rules of Professional Conduct governing communications with represented parties, along with other strictures.&rdquo; &nbsp;The defense lawyers claim they were not familiar with the ins and outs of Facebook&rsquo;s privacy settings, so were unaware their firm was accessing off limits information. &nbsp;&nbsp;</p>
<p>The plaintiff in question upgraded his privacy settings to only allow Facebook &ldquo;Friends&rdquo; access to information on his Facebook page, so then the paralegal sent the plaintiff a &ldquo;Friend&rdquo; request. &nbsp;Once the plaintiff accepted the request, the paralegal and her supervising attorneys had access to a treasure trove of potentially harmful information.</p>
<p>The plaintiff and his attorney didn&rsquo;t become aware of the Facebook access until questions about travel, nightlife and other physical activities came up at a deposition. &nbsp;The case involved a firefighter who was seriously injured at work, and the defense sought to discredit him with the use of information from his Facebook account, including a video of the plaintiff wrestling his brother from BEFORE the accident. &nbsp;The information obtained by the defense in this case was barred by the Judge for technical reasons, not because it was obtained improperly.</p>
<p>The lesson here is that if you have a Facebook page, you need to make sure your privacy settings do not allow the public to view your information. &nbsp;Do not accept &ldquo;Friend&rdquo; requests from someone you do not actually know. &nbsp;Insurance companies, prospective employers and identity thieves are utilizing the internet more than ever to find personal information, don&rsquo;t make their jobs easier. &nbsp; &nbsp;</p>
<p>If you&rsquo;re going to use social media, you must be careful about it for many reasons. &nbsp;Every item you post, whether it&rsquo;s a picture, article or personal observation, is a reflection on you. &nbsp;Don&rsquo;t put things on Facebook that you would not want a prospective employer or anyone else seeking to discredit you to see. &nbsp; This also applies to your other Facebook &ldquo;Friends&rdquo;. &nbsp;Don&rsquo;t allow someone to &lsquo;tag&rsquo; a photo that you&rsquo;re in that puts you in a compromising position &ndash; if you see one, untag it and ask the person to refrain from doing this in the future.</p>
<p>You must be vigilant in protecting what information you put on websites such as Facebook, as this is now the first impression the outside world will have of you.&nbsp;</p>
<p><em><a style="margin: 0px; padding: 0px; border: 0px; outline: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="http://injury.stark-stark.com/lawyer-attorney-1525472.html">James Creegan</a>&nbsp;is a Shareholder in Stark &amp; Stark's&nbsp;<a style="margin: 0px; padding: 0px; border: 0px; outline: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="http://injury.stark-stark.com/lawyer-attorney-1495735.html">Lawrenceville, New Jersey</a>&nbsp;office concentrating his practice in&nbsp;<a style="margin: 0px; padding: 0px; border: 0px; outline: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="http://injury.stark-stark.com/lawyer-attorney-1495644.html">Workers' Compensation law</a>. For questions, or to schedule a free consultaiton with Mr. Creegan, please&nbsp;<a style="margin: 0px; padding: 0px; border: 0px; outline: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="mailto:jcreegan@stark-stark.com">contact him here</a>.</em></p>]]></description>
         <link>http://www.personalinjurylawjournal.com/injury-law/office-of-attorney-ethics-charges-defense-attorneys-with-improperly-accessing-a-plaintiffs-facebook/</link>
         <guid isPermaLink="false">http://www.personalinjurylawjournal.com/injury-law/office-of-attorney-ethics-charges-defense-attorneys-with-improperly-accessing-a-plaintiffs-facebook/</guid>
         <category domain="http://www.personalinjurylawjournal.com/">Injury Law</category>
         <pubDate>Mon, 24 Sep 2012 08:54:15 -0500</pubDate>
         <dc:creator>James L. Creegan</dc:creator>
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         <title>Noise Induced Hearing Loss</title>
         <description><![CDATA[<p>In a <a href="http://www.personalinjurylawjournal.com/workers-compensation/work-related-hearing-loss/">prior post </a>I discussed noise exposure at work and the problems that can result.&nbsp;</p>
<p>The National Institute on Deafness and Other Communications Disorders (NIDCD), a department of the National Institutes on Health (NIH), <a href="http://www.nidcd.nih.gov/health/hearing/pages/noise.aspx">states on its website</a>: &ldquo;when we are exposed to harmful noise&mdash;sounds that are too loud or loud sounds that last a long time&mdash;sensitive structures in our inner ear can be damaged, causing noise-induced hearing loss (NIHL). &nbsp;These sensitive structures, called hair cells, are small sensory cells that convert sound energy into electrical signals that travel to the brain. Once damaged, our hair cells cannot grow back.&rdquo; &nbsp;Examples of conditions that can lead to an occupational hearing loss include industrial noises, sirens, and engine noise. &nbsp; These types of conditions cover a broad spectrum of jobs and industries, from First Responders and Assembly line workers to Restaurant employees. &nbsp;</p>
<p>As the information provided by the NIDCD indicates, hearing loss is permanent, so removal from the noise source will not improve the condition, but just makes sure it does not become worse due to ongoing noise exposure. &nbsp; While many safety measures have been developed, such as changing the placement of a siren on vehicles so as to cause less exposure, much of the damage has already been done before the safety measures are implemented.</p>
<p>If you&rsquo;ve developed hearing loss at work in New Jersey, you should consider filing a workers&rsquo; compensation claim as you may be entitled to benefits. &nbsp; I&rsquo;ll discuss the specific benefits available in a New Jersey claim in my next post.</p>
<p><em><a style="margin: 0px; padding: 0px; border: 0px; outline: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="http://injury.stark-stark.com/lawyer-attorney-1525472.html">James Creegan</a>&nbsp;is a Shareholder in Stark &amp; Stark's&nbsp;<a style="margin: 0px; padding: 0px; border: 0px; outline: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="http://injury.stark-stark.com/lawyer-attorney-1495735.html">Lawrenceville, New Jersey</a>&nbsp;office concentrating his practice in&nbsp;<a style="margin: 0px; padding: 0px; border: 0px; outline: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="http://injury.stark-stark.com/lawyer-attorney-1495644.html">Workers' Compensation law</a>. For questions, or to schedule a free consultaiton with Mr. Creegan, please <a href="mailto:jcreegan@stark-stark.com">contact him here</a>.</em></p>]]></description>
         <link>http://www.personalinjurylawjournal.com/injury-law/noise-induced-hearing-loss/</link>
         <guid isPermaLink="false">http://www.personalinjurylawjournal.com/injury-law/noise-induced-hearing-loss/</guid>
         <category domain="http://www.personalinjurylawjournal.com/">Injury Law</category><category domain="http://www.personalinjurylawjournal.com/">Workers&apos; Compensation</category>
         <pubDate>Fri, 07 Sep 2012 08:39:12 -0500</pubDate>
         <dc:creator>James L. Creegan</dc:creator>
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         <title>Work Related Hearing Loss</title>
         <description><![CDATA[<p>Exposure to excessive noise in the workplace can lead to permanent hearing loss - this is fairly common knowledge. &nbsp;What you may be surprised by is the types of jobs where exposure to dangerous noise levels is common. &nbsp; &nbsp;</p>
<p>A recent article in the New York Times, <em><a href="http://www.nytimes.com/2012/07/20/nyregion/in-new-york-city-indoor-noise-goes-unabated.html?_r=1">Working or Playing Indoors, New Yorkers Face an Unabated Roar</a> </em>discussed loud noise exposure in various New York City workplaces, from restaurants and bars to gyms. &nbsp;This means the traditional areas for exposure to high noise levels, such as factory workers, first responders exposed to siren noise, or heavy equipment operators are expanding to include a wide variety of work environments. &nbsp;Loud noise exposure in restaurants is actually used to encourage customers to eat faster and leave in order to free up tables at a faster rate. &nbsp;The article cites spin classes as excessively loud, in that the noise volume exceeds 100 decibels, a potentially dangerous level. &nbsp;&nbsp;</p>
<p>The important thing to know is that exposure to excessive noise is happening in places you may not expect it and can have long lasting effects. &nbsp;&nbsp;</p>
<p>The New Jersey Workers&rsquo; Compensation laws provide coverage for work related hearing loss. &nbsp;To prove a hearing loss claim, it&rsquo;s necessary to show documented hearing loss, usually through an audiogram and exposure to harmful noise levels. &nbsp;There are two types of work related hearing loss: a loss that occurs from exposure to excessive noise over time; and traumatic hearing loss, caused by a specific event. &nbsp;In New Jersey, hearing loss due to a long term exposure must occur in both ears to receive workers&rsquo; compensation benefits. &nbsp;If you develop hearing loss due to a specific loud noise, such as a crash, gunshot, or explosion, the requirements are different and benefits are available. &nbsp;I&rsquo;ll discuss hearing loss and the benefits available in upcoming blogs. &nbsp;</p>
<p><em><a style="margin: 0px; padding: 0px; border: 0px; outline: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="http://injury.stark-stark.com/lawyer-attorney-1525472.html">James Creegan</a>&nbsp;is a Shareholder in Stark &amp; Stark's&nbsp;<a style="margin: 0px; padding: 0px; border: 0px; outline: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="http://injury.stark-stark.com/lawyer-attorney-1495735.html">Lawrenceville, New Jersey</a>&nbsp;office concentrating his practice in&nbsp;<a style="margin: 0px; padding: 0px; border: 0px; outline: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="http://injury.stark-stark.com/lawyer-attorney-1495644.html">Workers' Compensation law</a>. For questions, or to schedule a free consultaiton with Mr. Creegan, please contact him at:&nbsp;<a style="margin: 0px; padding: 0px; border: 0px; outline: 0px; font-family: inherit; vertical-align: baseline; color: #c02c23; text-decoration: none;" href="mailto:jcreegan@stark-stark.com">jcreegan@stark-stark.com</a>.</em></p>]]></description>
         <link>http://www.personalinjurylawjournal.com/workers-compensation/work-related-hearing-loss/</link>
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         <category domain="http://www.personalinjurylawjournal.com/">Injury Law</category><category domain="http://www.personalinjurylawjournal.com/">Workers&apos; Compensation</category>
         <pubDate>Mon, 06 Aug 2012 09:04:23 -0500</pubDate>
         <dc:creator>James L. Creegan</dc:creator>
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         <title>What Is A Repetitive Stress Injury?</title>
         <description><![CDATA[<p>The term &lsquo;repetitive stress injury&rsquo; covers a wide variety of conditions. A Repetitive stress or strain injury happens when too much stress is placed on a given body part and can result in pain, swelling, muscle strains and tissue damage. If your job involves performing the same task over and over, whether its data entry work, loading and unloading delivery trucks each day, stockings shelves or operating heavy equipment, you are at risk for a repetitive stress injury. <br /><br />Are repetitive stress injuries real?&nbsp;&nbsp; Worker&rsquo;s compensation insurance companies certainly don&rsquo;t want you to think so. I&rsquo;ve had multiple workers&rsquo; compensation cases in which Insurance carriers have unsuccessfully denied that a repetitive stress injury was caused by work. In other cases, the carrier claimed that only the most extreme activities, such as operating a jack hammer eight hours a day or constantly slamming a button with the palm of your hand all day, could cause an injury. When a person performs the same activity over and over, it can lead to chronic conditions such as Carpal Tunnel Syndrome, tears of tendons and ligaments, inflammatory conditions such as arthritis or Chronic Regional Pain Syndrome.&nbsp; This is the opinion set forth by the Supreme Court of New Jersey as well as respected medical institutions such from the National Institute of Health (NIH) and the American Academy of Orthopedic Surgeons.<br /><br />Think of a pitcher in Major League Baseball. A pitcher trains for years just to be able to perform the same throwing motion over and over. The career length of a pitcher depends on how long his shoulder and arm will hold up, specifically due to the repetitive throwing motion. It is now common for younger pitchers to have limits to the number of pitches they throw in a game and the total innings they can throw in a season. <br /><br />Steven Strasburg, the pitching phenom for the Washington Nationals, probably won&rsquo;t pitch much longer than August this year due to an innings limit. The team is worried about overloading his arm and shoulder and shortening his career. (http://bleacherreport.com/articles/1151334-washington-nationals-will-stephen-strasburg-innings-limit-cost-a-playoff-spot ) The Yankees most recently did this with Joba Chamberlain. Why are major league teams doing this, it&rsquo;s not because they don&rsquo;t care about ticket sales this year &ndash; in fact, they really do, teams are concerned with prolonging a career to insure ticket sales and success for years to come rather than a few games at the end of one season. &nbsp;<br /><br />Can you imagine if this happened at your job? If for instance, UPS shut workers down after 9 months to prolong their careers or a data entry employee being told not to type after a certain number of keystrokes in a given day &ndash; businesses won&rsquo;t do this because it is not profitable, it&rsquo;s unproductive and would be akin to admitting the repetitive nature of the work causes injuries.&nbsp; &nbsp;<br /><br />Whether a job is considered light duty or heavy duty is not the determining factor in whether you are at risk for a repetitive stress injury, it is the specific nature of the activity.&nbsp; What usually differs between jobs is the type of injury. It is more common for a desk worker to develop carpal tunnel syndrome, the restriction of the carpal canal in the wrists, thereby pushing on the nerves, as opposed to a back injury or rotator cuff tear. While a worker engaged in heavy duty labor, such as mixing concrete or loading and unloading a delivery truck may be more susceptible to a chronic rotator cuff tear or disc herniation in the neck and back. An electrician who works with his hands all day could develop carpal tunnel syndrome while an office worker who constantly reaches overhead for files could develop neck or shoulder problems. &nbsp;<br /><br />The main thing to be aware of is that performing the same activity day in and day out can eventually cause serious physical problems. Because these injuries usually do not connect to one specific accident or injury, it can be hard for a worker to prove an insurance carrier should accept responsibility. Preventive measures such as proper ergonomics and exercise to strengthen affected body parts are very important, but these will not always help. If you have developed a repetitive stress injury, you should call me to discuss your specific situation or come in for a free consultation.&nbsp;</p>
<p><em><a href="http://injury.stark-stark.com/lawyer-attorney-1525472.html">James Creegan</a> is a Shareholder in Stark &amp; Stark's <a href="http://injury.stark-stark.com/lawyer-attorney-1495735.html">Lawrenceville, New Jersey</a> office concentrating his practice in <a href="http://injury.stark-stark.com/lawyer-attorney-1495644.html">Workers' Compensation law</a>. For questions, or to schedule a free consultaiton with Mr. Creegan, please contact him at: <a href="mailto:jcreegan@stark-stark.com">jcreegan@stark-stark.com</a>.</em></p>]]></description>
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         <category domain="http://www.personalinjurylawjournal.com/">Workers&apos; Compensation</category>
         <pubDate>Fri, 15 Jun 2012 15:29:49 -0500</pubDate>
         <dc:creator>James L. Creegan</dc:creator>
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         <title>Long Term Care Benefits Available to Injured Workers</title>
         <description><![CDATA[<p>If you suffer a catastrophic injury while working, your whole life will change. Under the workers&rsquo; compensation laws in New Jersey, the insurance carrier can be required to provide long term care benefits. The only requirement is that the benefits are necessary and the cost is reasonable. Our firm represents the needs of clients who have suffered life altering injuries such as&nbsp; paralysis, the loss of a limb, or a significant traumatic brain injury.</p>
<p>In New Jersey, workers&rsquo; compensation carriers are required to provide a wide range of long term benefits to injured workers. Insurance carriers are required to provide treatment that is &ldquo;necessary to cure and relieve,&rdquo; the only requirement is that the costs be reasonable. If you are unable to walk, you will need significant modifications to your home, such as a handicapped accessible bathroom, kitchen with modified countertops and appliances and doorways that can accommodate a wheelchair. In addition, you may require a ramp or elevator just to access your house. These types of improvements are costly, and insurance carriers don&rsquo;t always voluntarily want to foot the bill.&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;</p>
<p>Carriers will resist expensive improvements to a home, such as an addition; however, the laws regarding these types of benefits favor the injured worker. In one case, I represented a man who was paralyzed from the waist down after a fall from a roof. The attorney for the insurance carrier declared to me, &ldquo;We are not buying your client a house,&rdquo; as he did not have a home of his own &ndash; now, after the insurance carrier had to pay the client&rsquo;s rent every month four years, the carrier is much more willing to buy a house rather than make rent payments for life.&nbsp; &nbsp;</p>
<p>Any recommendations needs to come from your treating physician initially and a long term care evaluation will also help to determine your current and future needs. This will often involve an evaluation of your home by a specialist to determine what changes are necessary in the short and long term.&nbsp;&nbsp;&nbsp; &nbsp;</p>
<p>Our office has obtained these types of benefits for current and past clients and has the experience needed to represent workers&rsquo; who have suffered catastrophic injuries. In addition to out of work benefits, medical treatment and a permanent disability award, those who suffer significant injuries will need long term care and accommodations. The workers&rsquo; compensation attorneys at Stark &amp; Stark have obtained benefits such as monthly rent and utility payments for a client who lost the use of his legs, home modifications for wheelchair bound clients and handicapped accessible vehicles. If you require permanent long term assistance as the result of a catastrophic injury at work, our attorneys have the experience necessary to obtain these benefits.</p>
<p><em><a href="http://injury.stark-stark.com/lawyer-attorney-1525472.html">James Creegan</a> is a Shareholder in Stark &amp; Stark's <a href="http://injury.stark-stark.com/lawyer-attorney-1495735.html">Lawrenceville, New Jersey</a> office concentrating his practice in <a href="http://injury.stark-stark.com/lawyer-attorney-1495644.html">Workers' Compensation law</a>. For questions, or to schedule a free consultaiton with Mr. Creegan, please contact him at: <a href="mailto:jcreegan@stark-stark.com">jcreegan@stark-stark.com</a>.</em></p>]]></description>
         <link>http://www.personalinjurylawjournal.com/workers-compensation/long-term-care-benefits-available-to-injured-workers/</link>
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         <category domain="http://www.personalinjurylawjournal.com/">Workers&apos; Compensation</category>
         <pubDate>Mon, 30 Apr 2012 09:56:18 -0500</pubDate>
         <dc:creator>James L. Creegan</dc:creator>
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         <title>Volunteer First Responders Entitled to Maximum Weekly Workers&apos; Compensation Benefits</title>
         <description><![CDATA[<p>Missing time from work can be costly. If you miss time due to an injury that occurs while performing your role as a volunteer firefighter or rescue squad worker, you will receive the maximum weekly benefit rate available to injured workers in New Jersey. The workers&rsquo; compensation statute provides these benefits to all volunteer fire, first aid or rescue squad workers. Public employers aren&rsquo;t always so willing to provide these benefits to their volunteers.&nbsp;&nbsp; &nbsp;</p>
<p>Normally, out of work benefits are based on your average weekly wage. So if you are injured at work and earn $700, your temporary disability rate would normally be $490 per week. In 2012, if you are injured while in the performance of your volunteer duties, you will receive $810.00 per week.</p>
<p>You might think a municipality, county or state agency would protect its volunteers, unfortunately this is not always the case. The simple reason is Money. Public employers are increasingly attempting to cut costs, and weekly benefits are an easy target. Our firm has successfully represented clients in which the municipality claims the volunteer was not in the line of duty when injured and not entitled to the full rate. Municipal employers have also been known to just base the weekly rate on a volunteer&rsquo;s earnings from his or her actual job. This often results in a significantly reduced weekly rate.&nbsp; &nbsp;</p>
<p>If you&rsquo;ve been injured while serving in a volunteer capacity, you need to know your rights. State statue calls for volunteers &ldquo;doing public fire duty&rdquo; and &ldquo;doing public first aid or rescue duty&rdquo; to receive the maximum benefits available under the law. Public employers need to cut costs wherever they can, and injured volunteers are often an easy target. The activities covered are not limited to injuries suffered responding to a fire, accident or emergency. Construction work on a firehouse, repair work on vehicles and apparatus, participation in search and rescue task force, exhibitions, fund raising and parades are some of the examples in which Volunteers are entitled to this benefit.&nbsp; &nbsp;</p>
<p>The statute also covers volunteers performing work related to bioterrorism, volunteers working for the Department of agriculture and emergency management volunteers and many other public volunteers.&nbsp; &nbsp;</p>
<p>Volunteers perform high risk work, which means the injuries can be severe. The worse the injury, the higher the likelihood you will need to miss time from work. At Stark &amp; Stark, our job is to make sure you receive the maximum benefits you are entitled to.</p>
<p><em><a href="http://injury.stark-stark.com/lawyer-attorney-1525472.html">James Creegan</a> is a Shareholder in Stark &amp; Stark's <a href="http://injury.stark-stark.com/lawyer-attorney-1495735.html">Lawrenceville, New Jersey</a> office concentrating his practice in <a href="http://injury.stark-stark.com/lawyer-attorney-1495644.html">Workers' Compensation law</a>. For questions, or to schedule a free consultaiton with Mr. Creegan, please contact him at: <a href="mailto:jcreegan@stark-stark.com">jcreegan@stark-stark.com</a>.</em></p>]]></description>
         <link>http://www.personalinjurylawjournal.com/workers-compensation/volunteer-first-responders-entitled-to-maximum-weekly-workers-compensation-benefits/</link>
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         <category domain="http://www.personalinjurylawjournal.com/">Workers&apos; Compensation</category>
         <pubDate>Fri, 13 Apr 2012 09:52:24 -0500</pubDate>
         <dc:creator>James L. Creegan</dc:creator>
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         <title>I&apos;m out of work: How long can an insurance carrier withhold payment of temporary workers&apos; compensation benefits?  </title>
         <description><![CDATA[<p>When you&rsquo;re out of work due to an on the job injury, a small delay in payment can cause big financial headaches. How long is too long? Temporary benefit checks are not paid on any set schedule. The truth is the <a href="http://injury.stark-stark.com/lawyer-attorney-1495644.html">workers&rsquo; compensation</a> carrier has 30 days to pay you your benefits.&nbsp; &nbsp;</p>
<p>Under New Jersey law, insurance carriers and employers have 30 days to pay temporary benefits before a penalty is assessed. NJSA 34:15-28.1 discusses delay or refusal in payment of temporary benefits, stating, &ldquo;A delay of 30 days or more shall give rise to a rebuttable presumption of unreasonable and negligent conduct on the part of a self-insured or uninsured employer or an employer&rsquo;s insurance carrier. If the carrier takes more than 30 days to pay your temporary benefits, the Courts can grant a 25% penalty. This is the motivation for the carrier to pay on time.&rdquo;&nbsp; &nbsp;</p>
<p>There are many reasons for delays. For instance, insurance adjusters will often wait until they review a doctor&rsquo;s report before actually issuing a temporary benefits check. Unfortunately there is not much that can be done to force the carrier&rsquo;s hand before the 30 day deadline. If a temporary benefits check is a few days late, there is not much that can be done besides a phone call.&nbsp;&nbsp; &nbsp;</p>
<p>What does work is vigilance. When benefit delays occur, I ask my clients to obtain an out of work note at each doctor&rsquo;s visit, at this point, our office will send the out of work note to the insurance carrier and contact the adjuster to make sure the benefits will be paid. If the carrier continues to delay, our office can file a motion with the Court. &nbsp;</p>
<p>If you&rsquo;re experiencing problems collecting out of work benefits, please contact me for a free consultation regarding what can be done. I am Certified by the Supreme Court of New Jersey as a Workers&rsquo; Compensation law attorney and have represented hundreds of clients who have been hurt on the job. I see every day how these claims impact people&rsquo;s lives and in the event that you have been injured at work, I strongly recommend you consult with us.</p>
<p><em><a href="http://injury.stark-stark.com/lawyer-attorney-1525472.html">James Creegan</a> is a Shareholder in Stark &amp; Stark's <a href="http://injury.stark-stark.com/lawyer-attorney-1495735.html">Lawrenceville, New Jersey</a> office concentrating his practice in <a href="http://injury.stark-stark.com/lawyer-attorney-1495644.html">Workers' Compensation law</a>. For questions, or to schedule a free consultaiton with Mr. Creegan, please contact him at: <a href="mailto:jcreegan@stark-stark.com">jcreegan@stark-stark.com</a>.</em></p>]]></description>
         <link>http://www.personalinjurylawjournal.com/workers-compensation/im-out-of-work-how-long-can-an-insurance-carrier-withhold-payment-of-temporary-workers-compensation/</link>
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         <category domain="http://www.personalinjurylawjournal.com/">Workers&apos; Compensation</category>
         <pubDate>Fri, 17 Feb 2012 11:11:57 -0500</pubDate>
         <dc:creator>James L. Creegan</dc:creator>
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         <title>If You&apos;re Hurt At Work, Do You Need A Lawyer for Your Workers&apos; Compensation Claim?</title>
         <description><![CDATA[<p>If you have been injured at work, your medical treatment is handled by your employer&rsquo;s <a href="http://injury.stark-stark.com/lawyer-attorney-1495644.html">workers&rsquo; compensation</a> carrier. You may need extensive medical treatment and miss time from work. Ideally you receive all of the treatment you need and are paid for any lost time. Sounds simple, but for most people, there will be many hurdles along the way.<br />&nbsp; &nbsp;<br />It&rsquo;s not as easy as obtaining a referral and moving right along with your medical treatment. In New Jersey, your employer, through its workers&rsquo; compensation carrier, has the right to choose all of the doctors who will treat you for your injuries. This means the insurance carrier controls your treatment from the start.&nbsp; &nbsp;<br /><br />So, should you hire an attorney? The short answer is yes. <br /><br />Here is why. You will need an advocate in the process. In most situations, your employer, the adjuster or the nurse case manager assigned to your file are not advocating for you no matter what they tell you. It is in the insurance carrier&rsquo;s interest to spend as little money as possible, which conflicts directly with your need for medical treatment and out of work benefits. While it is the adjuster&rsquo;s job to control costs, this means there is a person with little or no medical training attempting to make medical decisions about your case. <br /><br />Additionally, if there is a Nurse Case Manager assigned to your file, all too often, the Nurse is serving the interests of the insurance carrier. While I have encountered some excellent Nurse Case Managers who advocate for my clients and make sure they receive the treatment they need, this is the exception and not the rule. &nbsp;<br /><br />Here is an example of a situation that comes up frequently. You go to see your doctor, he or she recommends a treatment plan consisting of an MRI and surgical consultation and takes you out of work, you leave the office with a copy of the doctor&rsquo;s notes and everything seems okay. Immediately after you leave, the nurse case manager tracks down the doctor to ask if you really need the MRI study at this point, as it seems a little early, and wouldn&rsquo;t it be better to try some more physical therapy. Then the adjuster calls the doctor to ask whether you could perform certain tasks even with your injury. Now, even though it seemed like you had a treatment plan and an out of work note from the authorized doctor, your treatment plan changed and you were returned to work all while you were not even in the examining room.&nbsp; This doesn&rsquo;t happen once in a while, it happens all too often.&nbsp;&nbsp;&nbsp; &nbsp;<br /><br />I tell my clients to advocate strongly for themselves while in the doctor&rsquo;s exam room, as this is their chance to explain to explain physical complaints and problems to the doctor. Outside the doctor&rsquo;s office, let us handle the rest. Hiring an attorney in a workers&rsquo; compensation claim is not simply about obtaining a settlement at the end of your case. Your lawyer should counsel and assist you at all stages of the claim whether it&rsquo;s making sure you are paid while out of work, obtaining medical treatment and diagnostic testing, or dealing with issues with your employer or co-workers when you return to work. When you have a workers&rsquo; compensation claim, chances are this is your first time dealing with anything like this. I am involved in all phases of a workers&rsquo; compensation claim and see the issues my clients face on a daily basis.&nbsp; &nbsp;<br /><br />So, yes you need an attorney, but how do you choose one? At Stark &amp; Stark, we have six attorneys in our workers&rsquo; compensation department and four of us are Certified by the Supreme Court of New Jersey as Workers&rsquo; Compensation law attorneys. A recommendation from a friend or a colleague is always a good start, but you want to make sure you choose an attorney with the experience and knowledge base to assist you at all stages of your claim. I am Certified by the Supreme Court of New Jersey as a Workers&rsquo; Compensation law attorney and have represented hundreds of clients who have been hurt on the job. I see every day how these claims impact people&rsquo;s lives and in the event that you have been injured at work, I strongly recommend you consult with us.</p>
<p><em><a href="http://injury.stark-stark.com/lawyer-attorney-1525472.html">James Creegan</a> is a Shareholder in Stark &amp; Stark's <a href="http://injury.stark-stark.com/lawyer-attorney-1495735.html">Lawrenceville, New Jersey</a> office concentrating his practice in <a href="http://injury.stark-stark.com/lawyer-attorney-1495644.html">Workers' Compensation law</a>. For questions, or to schedule a free consultaiton with Mr. Creegan, please contact him at: <a href="mailto:jcreegan@stark-stark.com">jcreegan@stark-stark.com</a>.</em></p>]]></description>
         <link>http://www.personalinjurylawjournal.com/workers-compensation/if-youre-hurt-at-work-do-you-need-a-lawyer-for-your-workers-compensation-claim/</link>
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         <category domain="http://www.personalinjurylawjournal.com/">Workers&apos; Compensation</category>
         <pubDate>Wed, 08 Feb 2012 10:31:43 -0500</pubDate>
         <dc:creator>James L. Creegan</dc:creator>
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         <title>The Importance of Reporting a Work-Related Injury Right Away</title>
         <description><![CDATA[<p>I hurt myself on the job, but I&rsquo;m not sure if the injury is serious or not.&nbsp; Should I hold off on telling someone until I know how serious the injury is?</p>
<p>The answer is definitely &ldquo;NO&rdquo; &ndash; report it, report it, report it!</p>
<p>If you&rsquo;re hurt while working, you have to notify your employer. Even if it feels like you can shake the injury off after a couple days, it&rsquo;s extremely important to report the initial injury. If you don&rsquo;t report it and the physical problems don&rsquo;t go away overnight or over the weekend, it&rsquo;s a recipe for a big headache.</p>
<p>Each employer can have its own deadline for reporting an on the job injury. The law sets forth specific deadlines, and an employer cannot deny treatment in the long run as long as you have reported an on the job injury.&nbsp; However, failing to report an accident right away could cause problems. For instance, many employers will require a first report of an accident to occur within 24 hours of the accident.&nbsp;&nbsp;</p>
<p>Failure to report an accident on time can result in a reprimand or suspension without pay while your employer or its insurance carrier investigates your claim. Depending on your history, this could also result in a termination for failure to follow your employer&rsquo;s policy.&nbsp;&nbsp;</p>
<p>If you don&rsquo;t report an accident on time, it gives the insurance carrier an opportunity to deny your claim.&nbsp;&nbsp; Then, your private health insurance carrier can deny medical treatment because the injuries are work related.&nbsp;This leaves you stuck in the middle with no coverage for the injury.&nbsp;&nbsp;</p>
<p>Reporting the accident is the best way to prevent problems in the future.&nbsp;&nbsp; If you don&rsquo;t need medical care, then all you did is report what happened and show that you worked through it.&nbsp;&nbsp; If you need to see a doctor, you&rsquo;ve prevented one of the most common problems in a workers&rsquo; compensation claim right from the start.&nbsp;&nbsp;</p>
<p>What should you do?&nbsp; If you&rsquo;re hurt while working, report the incident to your supervisor and request a copy of the incident report. If you require immediate medical care, you should tell this to your employer.&nbsp;&nbsp;</p>
<p>You should also familiarize yourself with your employer&rsquo;s individual reporting requirements.&nbsp;As long as you comply with the worker&rsquo;s compensation statute and report an accident within 90 days, you are protected.&nbsp;This does not protect you from an initial denial of your claim or disciplinary action by your employer.&nbsp;&nbsp;</p>
<p>If you didn&rsquo;t think you needed to see a doctor and the pain becomes unbearable while at home, you can go to the Emergency Room, but make sure to give a thorough description of how you were injured.&nbsp; Initial emergency room records can be very important when attempting to prove an accident occurred.</p>
<p>Don&rsquo;t think you&rsquo;re doing anyone a favor by not mentioning an accident until it&rsquo;s really a problem, because you&rsquo;ll only regret it later. Reporting an accident is really a matter of protecting yourself.&nbsp;&nbsp;</p>]]></description>
         <link>http://www.personalinjurylawjournal.com/workers-compensation/the-importance-of-reporting-a-work-related-injury-right-away/</link>
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         <category domain="http://www.personalinjurylawjournal.com/">Workers&apos; Compensation</category>
         <pubDate>Thu, 15 Dec 2011 13:35:50 -0500</pubDate>
         <dc:creator>James L. Creegan</dc:creator>
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         <title>Social Security Disability Recipients Receive Much Needed 3.6% Cost-of-Living Increase</title>
         <description><![CDATA[<p>It&rsquo;s been awhile since Social Security recipients received an increase to their monthly benefits. The Social Security Administration announced that monthly benefits will increase by 3.6%. Prior to this increase, there hadn&rsquo;t been a cost-of-living adjustment (COLAE) in two years. People who are dependent on every single dollar that comes in need yearly increases in their Social Security benefits.<br /><br />While this represents a small increase in monthly benefits, it is especially important if you are collecting Social Security Disability (SSD) benefits. The disabled have often lost important years of earning ability due to injuries or a chronic condition. The fact that you could not work as long as someone who retires at 65, means that you were unable to reach your highest earning potential, and therefore receive lower monthly benefits because of that earnings loss.&nbsp;&nbsp; &nbsp;<br /><br />While a 3.6% increase may not seem like much in the short term, here&rsquo;s why yearly increases are so important:&nbsp; If your monthly benefit is $1,000 in 2009 and you received a COLA of 3.6% in 2010 and 2011, your monthly rate would now be $,1,111 per month starting in January 2012; instead that same benefit is now only $1,036 per month beginning in January 2012. Over time, these small increases will pay off.&nbsp; &nbsp;<br /><br />If there had been an increase in the past two years, not only would your current benefits be higher, but you would have received more money during those two years as well. It is important to ensure these much needed Cost of Living adjustments continue.&nbsp; &nbsp;<br /><br />How can you ensure that you receive an increase each year? I strongly recommend that you write your congressman to say thank you and at the same time provide a reminder about just how important these cost of living increases are. It may seem like a fruitless endeavor, but reminding your congressman how important each and every one of these increases is can help ensure the COLA increases continue each year. We&rsquo;ve all heard stories of one or two letters to a congressman are sometimes the only reason that a congressperson takes up a particular cause.&nbsp;&nbsp; How does your congressman know how important this is unless he or she hears from constituents that rely on these checks every month?&nbsp; &nbsp;<br /><br />I represent many clients who have become totally disabled, either as a result of a work related injury or a chronic illness. I see on a regular basis just how important each dollar is. <a href="http://injury.stark-stark.com/lawyer-attorney-1525472.html">Please contact me</a> if you have questions about whether Social Security Disability is right for you.&nbsp;</p>]]></description>
         <link>http://www.personalinjurylawjournal.com/workers-compensation/social-security-disability-recipients-receive-much-needed-36-cost-of-living-increase/</link>
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         <category domain="http://www.personalinjurylawjournal.com/">Workers&apos; Compensation</category>
         <pubDate>Tue, 13 Dec 2011 12:16:25 -0500</pubDate>
         <dc:creator>James L. Creegan</dc:creator>
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         <title>Hurt at Work? Obtaining Treatment Can be a Full Time Job</title>
         <description><![CDATA[<p>One of the most frequent issues I encounter when I speak to clients and groups of workers around the stat, is obtaining appropriate medical treatment in a <a href="http://injury.stark-stark.com/lawyer-attorney-1495644.html">workers&rsquo; compensation</a> claim. <br /><br />When you&rsquo;re hurt on the job, you encounter a whole new world of insurance related hurdles in obtaining medical treatment. It&rsquo;s not as easy as heading to your family doctor for a referral. The insurance company controls the medical treatment at all stages. If you&rsquo;re hurt at work in New Jersey, your employer, or its insurance carrier has the absolute right to choose your doctor. <br /><br />The reality is that the insurance company, through its adjusters and nurse case managers, can and will contact your doctor and his or her staff &ndash; and they&rsquo;ll do it often. They do this for various reasons, such as to see if you really need to be out of work for the next four weeks, or whether&nbsp; you meed that MRI now as opposed to three months from now. <br /><br />The best advice I can give is that the doctor can be your biggest ally in a workers&rsquo; compensation claim. The insurance company has the absolute right to pick your doctor in New Jersey, however, it cannot disagree with the recommendations of it&rsquo;s authorized physicians just to cut costs or end treatment. You will not earn respect if you do now show respect. <a href="http://www.personalinjurylawjournal.com/workers-compensation/medical-treatment-issues-in-workers-compensation---part-2/">Here is a link to a previous post</a> I wrote with some tips I give to my clients with regard to how to approach medical care in workers&rsquo; compensation claims. Additionally, if you have any questions regarding your claim, please feel free to<a href="http://injury.stark-stark.com/lawyer-attorney-1525472.html"> contact me</a> to set up a free initial consultation here in my firm's <a href="http://injury.stark-stark.com/lawyer-attorney-1495735.html">Lawrenceville, New Jersey</a> office. I would be happy to review your case and discuss your options in more detail with you.</p>]]></description>
         <link>http://www.personalinjurylawjournal.com/workers-compensation/hurt-at-work-obtaining-treatment-can-be-a-full-time-job/</link>
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         <category domain="http://www.personalinjurylawjournal.com/">Workers&apos; Compensation</category>
         <pubDate>Tue, 29 Nov 2011 10:27:58 -0500</pubDate>
         <dc:creator>James L. Creegan</dc:creator>
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         <title>Exposures to Dust and Debris at Ground Zero Lead to Higher Cancer Risk</title>
         <description><![CDATA[<p>This may fall under the category of &ldquo;Tell me something I didn&rsquo;t already know&rdquo;, but a British study has shown that firefighters exposed to dust and debris at Ground Zero are at an increased risk of developing cancer. The reason this is big news, is that all of the studies before this did not show an increased risk. The study, &ldquo;Early assessment of cancer outcomes in New York City firefighters after the 9/11 attacks: an observational cohort study&rdquo;, was published in the British journal, The Lancet.&nbsp; &nbsp;</p>
<p>While many studies point out that 10 years is not long enough to see a statistical difference in cancer rates, as many cancers have a longer manifestation period, this is the first step in recognizing the possibility that these heroes put themselves at an increased risk to save others. &nbsp;This was headline news in the New York Times, in which the September 1, 2011 article, &ldquo;Study Suggests Higher Cancer Risk for 9/11 Firefighters&rdquo; stated: &ldquo;A new study says firefighters who toiled in the wreckage of the World Trade Center in 2001 were 19% more likely to develop cancer than those that were not there, the strongest evidence to date of a possible link between work at ground zero and cancer.&rdquo;</p>
<p>Exposure to dust, debris and toxins is not limited to the World Trade Center site; firefighters and first responders know firsthand of these risks. The problem is that other incidents and exposures are not as well documented as those of 9/11.&nbsp;This is why it is extremely important to keep a journal of any significant fires, chemical spills, explosions or other incidents in which you may have been exposed to harmful substances.&nbsp;&nbsp; &nbsp;</p>
<p>If you develop cancer as a result of something you were exposed to at work, you are entitled to <a href="http://injury.stark-stark.com/lawyer-attorney-1495644.html">workers&rsquo; compensation</a> benefits.&nbsp;To prove this, you&rsquo;ll need to be able to show that you were exposed to harmful substances and that the exposure contributed to your cancer.&nbsp;This is why it&rsquo;s very important to keep your own exposure journal, as employers will definitely not do this for you. If you, or someone you know, is suffering from cancer as a result of work-related exposures, please <a href="http://injury.stark-stark.com/lawyer-attorney-1525472.html">contact me</a> to set up a free consultation here in my firm&rsquo;s <a href="http://injury.stark-stark.com/lawyer-attorney-1495735.html">Lawrenceville, New Jersey</a> office in order to discuss your case in more detail.</p>]]></description>
         <link>http://www.personalinjurylawjournal.com/workers-compensation/exposures-to-dust-and-debris-at-ground-zero-lead-to-higher-cancer-risk/</link>
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         <category domain="http://www.personalinjurylawjournal.com/">Workers&apos; Compensation</category>
         <pubDate>Wed, 12 Oct 2011 09:30:36 -0500</pubDate>
         <dc:creator>James L. Creegan</dc:creator>
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         <title>New Jersey&apos;s Workers&apos; Compensation Courts Recognizes Post-Traumatic Stress Disorder (PTSD)</title>
         <description><![CDATA[<p>Although many states, and their <a href="http://injury.stark-stark.com/lawyer-attorney-1495644.html">Workers&rsquo; Compensation</a> Courts, do not recognize the devastating effects of post-traumatic stress disorder (PTSD), fortunately for the residents of New Jersey, there is hope, and help.</p>
<p>According to a recent <span style="text-decoration: underline;">New York Times</span> article <a href="http://www.nytimes.com/2011/08/10/nyregion/post-traumatic-stress-disorder-from-911still-haunts.html?_r=1&amp;scp=3&amp;sq=%229/11%22%20health%20cancer&amp;st=cse"><em>Post-Traumatic Stress Still Haunts</em></a>, at least 10,000 firefighters, police officers and civilians were affected by the terrorist attacks on the World Trade Center on September 11, 2001. The shockwaves from this one single event have had a long and widespread emotional impact on so many people who had no physical contact with the day&rsquo;s events.</p>
<p>In the medical world, Post Traumatic Stress Disorder (PTSD) really only came into recognition over the last 30 years &ndash; beginning with soldiers returning from the Vietnam War. For the people who developed PTSD as a result of the events of September 11th, only treatment assistance, not compensation for their injuries, is available. Fortunately, the New Jersey Workers&rsquo; Compensation Courts recognize PTSD and its disabling effects.</p>
<p>According to the National Institute of Mental Health (NIMH) &ldquo;PTSD is an anxiety disorder that some people get after seeing or living through a dangerous event.  When in danger, it&rsquo;s natural to feel afraid. This fear triggers many split-second changes in the body to prepare to defend against the danger or to avoid it. This &ldquo;fight-or-flight&rdquo; response is a healthy reaction meant to protect a person from harm. But in PTSD, this reaction is changed or damaged. People who have PTSD may feel stressed or frightened even when they&rsquo;re no longer in danger.&rdquo;</p>
<p>The NIMH lists 3 categories for the <a href="http://www.nimh.nih.gov/health/publications/post-traumatic-stress-disorder-ptsd/what-are-the-symptoms-of-ptsd.shtml">symptoms of PTSD</a>:</p>
<ol>
<li><em><strong>Re-Experiencing Symptoms</strong></em> &ndash; include flashbacks, bad dreams and frightening thoughts and can cause problems in a person&rsquo;s everyday life;</li>
<li><em><strong>Avoidance Symptoms</strong></em> &ndash; include staying away from places, events, or objects that are reminders of the experience, feeling emotionally numb, feeling strong guilt, depression or anexity, losing interest in activities that were enjoyable in the past and having trouble remembering the triggering event</li>
<li><em><strong>Hyperarousal Symptoms</strong></em> &ndash; include being easily startled, feeling tense or &ldquo;on edge&rdquo; and having difficulty sleeping, and/or having angry outbursts. Hyperarousal symptoms are more constant and are not brought on by events or outside stimuli.</li>
</ol>
<p>To receive workers compensation benefits, the incident needs to occur while you are working.   The problem is, PTSD claims are the type that insurance carriers are extremely likely to deny.   The symptoms of PTSD can take years to manifest themselves and are difficult to properly diagnose. It&rsquo;s very easy for an insurance carrier to claim your psychiatric problems have nothing to do with a work incident.  Insurance carriers will basically take a &lsquo;prove it&rsquo; stance and point to any other factors.</p>
<p>This is why you should consult an attorney if you have developed Post Traumatic Stress Disorder as a result of something that occurred to you while working. At Stark &amp; Stark, we have years of experiencing representing workers with PTSD and can help you obtain treatment and benefits. <a href="http://injury.stark-stark.com/lawyer-attorney-1525472.html">Feel free to contact me</a> in the firm&rsquo;s <a href="http://injury.stark-stark.com/lawyer-attorney-1495735.html">Lawrenceville, New Jersey</a> office for a free consultation to discuss the options available to you.</p>]]></description>
         <link>http://www.personalinjurylawjournal.com/workers-compensation/new-jerseys-workers-compensation-courts-recognizes-post-traumatic-stress-disorder-ptsd/</link>
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         <category domain="http://www.personalinjurylawjournal.com/">Workers&apos; Compensation</category>
         <pubDate>Mon, 22 Aug 2011 14:32:13 -0500</pubDate>
         <dc:creator>James L. Creegan</dc:creator>
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         <title>Death of a Worker From Blood Clot Due to Prolonged Inactivity Qualifies Husband for Workers&apos; Compensation Benefits</title>
         <description><![CDATA[<p>Do you spend a lot of the day sitting at your desk?&nbsp; A recent Appellate Division decision, Renner v. AT&amp;T, held that James Renner can receive weekly dependency benefits as a result of the fact that his wife, Cathleen, died of a pulmonary embolism due to the sedentary nature of her work.&nbsp; &nbsp;</p>
<p>The Court noted that when Cathleen Renner worked from home, she would sit for long hours at a time to meet various deadlines imposed by her employer, AT&amp;T.&nbsp; The Court found that the level of inactivity involved with this prolonged sitting caused stasis of the blood resulting in the formation of a blood clot, as opposed to one of Cathleen&rsquo;s other risk factors. Cathleen weighed over 300 lbs. and AT&amp;T wanted to blame her death on her weight and other risk factors.&nbsp;&nbsp; The autopsy report indicated the blood clot was fresh, meaning that something caused it within the timeframe Cathleen was working leading up to her death.</p>
<p>The insurance company&rsquo;s own doctor admitted &ldquo;it would certainly be less likely&rdquo; for Cathleen to suffer a pulmonary embolism had she not been working that day.</p>
<p>The question for the appellate division to consider was whether the lack of movement at work was more severe than the level of inactivity in Cathleen&rsquo;s daily life outside work, and whether the work activity caused the pulmonary embolism in a material way. &nbsp;</p>
<p>The Court held that the inactivity Cathleen experienced was more severe than the level of inactivity outside of work.&nbsp; There was substantial credible evidence in the record that Cathleen was fairly active outside of work, both around the house and caring for her children.&nbsp;&nbsp; &nbsp;</p>
<p>The Court held that the sedentary work condition was the cause of the clot to a material degree.&nbsp;&nbsp; Just because a person is overweight, doesn&rsquo;t mean he or she is not entitled to the same rights and protections as anyone else.&nbsp;&nbsp;&nbsp; It would be like saying that because a firefighter smokes he should be denied benefits for any breathing problems he develops from exposure to smoke and chemicals over a career.&nbsp; &nbsp;</p>
<p>The reaction section to the article about the case on the Star Ledger&rsquo;s website, NJ.com, entitled &ldquo;Court rules husband of Edison AT&amp;T worker who died from blood clot entitled to workers&rsquo; compensation,&rdquo; features many comments expressing outrage that an overweight person is entitled to any benefits.&nbsp;&nbsp; Significant medical evidence exists showing that sitting for an extended period of time can lead to this type of clot.&nbsp; It is tempting to blame the cause of Cathleen&rsquo;s death on her weight, but the scientific evidence says otherwise and supports the Court&rsquo;s findings.&nbsp;&nbsp; The Dependency benefits awarded by the Court are designed to compensate a spouse for the loss of a significant level of financial support.&nbsp;&nbsp; This was a 25 year employee, wife and mother who died from a work related condition.&nbsp; The insurance company&rsquo;s own doctor admitted that Cathleen probably would not have died but for the prolonged inactivity directly caused by her work.&nbsp;&nbsp; An important lesson to take from this is to remain active throughout the day by standing up and moving around your office periodically.</p>
<p>If you have developed an injury or medical condition that you feel is work related, please call us for a free consultation. We have experienced trial attorneys able to handle the complex legal issues that can arise in a workers&rsquo; compensation case.</p>]]></description>
         <link>http://www.personalinjurylawjournal.com/workers-compensation/death-of-a-worker-from-blood-clot-due-to-prolonged-inactivity-qualifies-husband-for-workers-compensa/</link>
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         <category domain="http://www.personalinjurylawjournal.com/">Workers&apos; Compensation</category>
         <pubDate>Thu, 07 Jul 2011 10:34:08 -0500</pubDate>
         <dc:creator>James L. Creegan</dc:creator>
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         <title>Why are you being treated like you did something wrong, when you&apos;re the one who was injured while working?   </title>
         <description><![CDATA[<p>If you&rsquo;ve missed time from work due to an on the job injury, you may have noticed a strange phenomenon.&nbsp;&nbsp; Sometimes, no matter how seriously injured you are or even how the accident happened, your employer or co-workers start to treat you like you are committing insurance fraud.&nbsp;&nbsp; &nbsp;</p>
<p>There&rsquo;s usually a grace period after a work injury, when your co-workers and supervisors are very supportive and concerned about your recovery.&nbsp; Then, as time goes on, you&rsquo;re treated as though you&rsquo;re the one who is to blame for your injury and any other problems at the workplace, even if there is no connection to your absence.&nbsp; It may be human nature, it may be just one person with an axe to grind, but one way or the other, it will cause a great deal of stress for you.&nbsp; Workers&rsquo; Compensation in New Jersey is a &ldquo;No Fault&rdquo; system.&nbsp; This means it doesn&rsquo;t matter if an accident is caused by either the employee or employer&rsquo;s own negligence.&nbsp; If you are hurt while you are working, you are entitled to benefits, end of story.&nbsp; &nbsp;</p>
<p>If you&rsquo;re back at work, it&rsquo;s time to focus on your job and avoid discussing your injury and problems with co-workers.&nbsp; This will minimize any of the resentment your co-workers may have because they feel they had more work while you were out or resent the fact you were paid while out of work recuperate. <br />Resentments from co-workers can lead to big trouble.&nbsp;&nbsp; Over time, the perception that an injured worker is on an all expense paid vacation, rather than recovering seems to creep up.&nbsp;&nbsp; While there is usually no basis for suspicion, be aware that insurance carriers and employers are increasingly keeping track of injured workers through video surveillance and other investigative tactics.&nbsp;&nbsp; Insurance carriers love throwing around the word &lsquo;fraud&rsquo;, and most of the time, it&rsquo;s just not the case.&nbsp; What you can do, is follow your doctor&rsquo;s advice and any restrictions you are placed on. &nbsp;</p>
<p>If you are taken out of work and receiving temporary disability benefits, you cannot perform other work.&nbsp;&nbsp;&nbsp; This means you cannot work at a part-time job or help out a friend or family member with a day&rsquo;s work because you&rsquo;re out of work and collect benefits at the same time.&nbsp; If you are collecting workers&rsquo; compensation benefits and working, the insurance carrier will find out, whether through surveillance or a disgruntled co-worker that is upset you are being paid while out for your injury.&nbsp; If you have questions regarding temporary disability benefits, you should speak to an attorney.&nbsp; At Stark &amp; Stark we are committed to protecting the rights of injured workers and offer free consultations to discuss any questions regarding your work related injury.&nbsp;&nbsp;&nbsp;</p>]]></description>
         <link>http://www.personalinjurylawjournal.com/workers-compensation/why-are-you-being-treated-like-you-did-something-wrong-when-youre-the-one-who-was-injured-while-work/</link>
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         <category domain="http://www.personalinjurylawjournal.com/">Workers&apos; Compensation</category>
         <pubDate>Wed, 29 Jun 2011 08:46:01 -0500</pubDate>
         <dc:creator>James L. Creegan</dc:creator>
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         <title>Navigating the Medical Treatment Maze in a Workers&apos; Compensation Claim</title>
         <description><![CDATA[<p>Navigating the medical treatment maze in a workers&rsquo; compensation claim can be a frustrating experience. A lot of the problems my clients run into are due to a breakdown in communication between the client as a patient and the authorized workers&rsquo; compensation doctor. Under New Jersey law, employers, through their insurance carriers have the absolute right to pick your doctor if you have been injured at work. This does not mean you are helpless. A recent Consumer Reports article entitled &ldquo;What doctors wish their patients knew&rdquo; offers useful advice for injured workers.</p>
<p>According to the Consumer Reports survey, 61% of patients said they researched health information on the internet to help with their medical care. However, only 8% of doctors said that the internet research by patients was very helpful. Having some knowledge of your injury or condition can be a good thing, but it can go too far. If you are telling the doctor what he or she needs to prescribe or self-diagnosing, you will probably meet some resistance. &nbsp;</p>
<p>If you&rsquo;re going to research on the internet, Consumer Reports recommends that instead of starting by entering the name of your condition, you should go directly to a reliable website to start your search. If you&rsquo;re going to research your injury or condition, Consumer Reports recommends the following sites as reputable sources of information:</p>
<ul>
<li><a href="http://www.nlm.nih.gov/medlineplus/">MedlinePlus</a> (information about conditions or diseases)</li>
<li><a href="http://www.fda.gov/">Food and Drug Administration</a></li>
<li><a href="http://www.mayoclinic.com/">Mayo Clinic</a>&nbsp;</li>
<li><a href="http://my.clevelandclinic.org/default.aspx">Cleveland Clinic</a> </li>
</ul>
<p>It is also recommended that if you bring any internet research to the doctor&rsquo;s office, only print out the relevant portion, as your time with the doctor is limited.&nbsp; The study suggests that you should write down a list of questions before you go to the doctor&rsquo;s office, and make sure they&rsquo;re in priority order in case you can&rsquo;t fit them all in. Another good tip is to ask the doctor if you can follow up with him via e-mail if you have any additional questions. This allows the doctor to respond to your additional questions at his or her convenience, but cuts down on the number of hoops you need to jump through to ask the doctor a question. &nbsp;</p>
<p>Doctors said that being respectful to your physician was the second most important thing that patients could do to obtain better care. You have every right to expect a high level of professionalism from your doctor regardless of whether you were injured at work or at home. The article offers good advice &ldquo;Feel free to discuss, even debate your doctor&rsquo;s treatment plan while you&rsquo;re still in the office. Then do your best to comply.&rdquo; &nbsp;</p>
<p>What was the top complaint of doctors surveyed?&nbsp; Non-compliance with medical treatment. This includes taking medication, following through on home exercise and carries over to returning to work on a light duty basis if your doctor says to. If you try to go back to work, and it doesn&rsquo;t work out, you have much more credibility than telling the doctor in the exam room that it&rsquo;s just not possible.&nbsp; &nbsp;</p>
<p>Your employer through its insurance carrier picks your treating doctor.&nbsp; You cannot go out on your own to seek treatment or a second opinion without running the risk of being personally responsible for the cost of the treatment.&nbsp; There are very few exceptions to this rule and you should consult with one of the attorneys at Stark &amp; Stark before ever attempting to treat on your own. At Stark &amp; Stark we have a great deal of experience dealing with the medical issues that arise in a workers&rsquo; compensation claim. In addition to obtaining a financial award for any permanent injuries at the end of your claim, we can help you with your medical treatment issues.</p>]]></description>
         <link>http://www.personalinjurylawjournal.com/workers-compensation/navigating-the-medical-treatment-maze-in-a-workers-compensation-claim/</link>
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         <category domain="http://www.personalinjurylawjournal.com/">Injury Law</category><category domain="http://www.personalinjurylawjournal.com/">Workers&apos; Compensation</category>
         <pubDate>Mon, 23 May 2011 09:47:37 -0500</pubDate>
         <dc:creator>James L. Creegan</dc:creator>
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