Category Archives: Workers’ Compensation

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How Long Do I Have to File a Claim for a Work Related Injury?

Posted in Workers' Compensation

On August 28, 2015, in the case of Rajpaul v. McDonalds Corp (A-4681-13T4), the Appellate Division reversed the Workers’ Compensation Judge’s order, which had dismissed Mr. Rajpaul’s claim for failure to file a workers’ compensation claim within the two year statute of limitations period. The facts of this case reveal that Mr. Rajpaul worked in… Continue Reading

Does the Workers’ Compensation Court have Exclusive Jurisdiction to Decide Issues of Employment?

Posted in Workers' Compensation, Wrongful Death

On June 11, 2015, the Supreme Court of New Jersey reversed the Appellate Division’s decision in the Estate of Myroslava Kotsovska v. Saul Liebman case and held that the trial court was correct in awarding wrongful death benefits to the estate. In this case, Ms. Kotsovska was hired by Saul Liebman’s daughter to provide in… Continue Reading

Horseplay during a Lull in the Workday Found Compensable (Part 2): Major Deviation from Work

Posted in Injury Law, Workers' Compensation

The New Jersey courts, like the court in South Dakota, tend to focus on whether horseplay constitutes a major deviation from work when assessing compensability of injuries. In Trotter v. City of Monmouth, 144 N.J. Super. 430 (App. Div.), certif. denied, 73 N.J. 42 (1976) the Appellate Division addressed the issue of major deviation. In… Continue Reading

Exposure to Lead is a Work Hazard for New Jersey Police and Corrections Officers

Posted in Workers' Compensation

The Seattle Times recently published a five-part series entitled “Loaded with Lead” regarding the dangers of lead poisoning from shooting ranges. The series was researched over a one year period of time and studied private shooting ranges in nearly all 50 states. In the study, only 1 private range in NJ was inspected, but out… Continue Reading

The Difference Between Being Injured On the Job and After Hours Isn’t Always Clear

Posted in Workers' Compensation

This is an interesting case that highlights the distinction between being in the course of employment and pursing purely personal interests at the time of an accident. The petitioner in the case below was a teaching assistant and a graduate student and his research overlapped to some extent. However, the Court found that his accident… Continue Reading