Category Archives: Workers’ Compensation

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What Happens if you Sustain Emotional Trauma from a Robbery or Attack at Work in New Jersey?

Posted in Injury Law, Workers' Compensation

Are you still covered by New Jersey workers’ compensation benefits? The answer in New Jersey is generally “YES.” The workers’ compensation law in New Jersey is much more lenient on these types of issues than in our neighboring state of Pennsylvania. In a recently publicized workers’ compensation case in Pennsylvania, a manager of a liquor… Continue Reading

Is a Petitioner in a Workers’ Compensation Claim Able to Obtain Copies of His or Her Authorized Treating Records?

Posted in Workers' Compensation

Many people who have filed a Worker’s Compensation claim in New Jersey ask whether they are entitled to copies of their treating  medical records from the health providers authorized by their employer’s insurance carrier. The answer is yes. Under the Worker’s Compensation Act, specifically NJSA 34:15-128.4, it is unlawful for an employer, insurance carrier or… Continue Reading

Why my New Jersey Workers ’ Compensation is Paid in Weekly Increments Rather Than a Lump Sum and is There Any Way to Receive it Now?

Posted in Workers' Compensation

Permanent partial and permanent total disability benefits in New Jersey are considered to be wage replacement benefits, so they are paid in the same manner as wages, which is weekly.  These benefits accrue from the date of the last payment of temporary disability benefits.  In many cases, the entire award has not accrued at the… Continue Reading

Workers’ Compensation Case Law Update

Posted in Injury Law, Workers' Compensation

In 2014, the Camden County Bar Association’s Workers’ Compensation Committee presented a seminar on the topic of commuting injuries in workers’ compensation cases.  As co-chair of this committee, I was one of the speakers.  This seminar focused on the Premises Rule and the many exceptions to that rule.  The “Premises Rule” came about as the… Continue Reading

Top Ten Causes of Workplace Injury

Posted in Construction Accidents, Injury Law, Motor Vehicle Accidents, Slip and Fall, Workers' Compensation, Wrongful Death

A recent article in Insurance Journal lists the top 10 causes of workplace injuries based on 2012 Liberty Mutual claims data for injuries lasting six or more days. The ranking is based on total workers’ compensation costs but it is interesting to note the leading causes of injuries in this study. If I were to… Continue Reading

Cardiovascular or Cerebral Vascular Accidents Under the New Jersey Workers’ Compensation Statute

Posted in Workers' Compensation

Cardiovascular or cerebral vascular accidents can be compensable under the New Jersey Workers’ Compensation statute.  The courts have held that the mere fact that a heart attack, stroke or other cardiovascular accident occurs at work does not make it work related.  A worker or his dependents must show that the injury or death was produced… Continue Reading

If I am Hurt at Work and Lose my Job While I am Recovering, am I Eligible for Unemployment Following a Period of Disability?

Posted in Legal Updates, Workers' Compensation

The Appellate Division recently addressed this issue in the matter of Wilson v. Board of Review (Docket No. A-4874-12T4, November 6, 2014).  In this case, Mr. Wilson suffered significant spine injuries when he fell from a ladder.  He underwent two spine surgeries and was out of work receiving workers’ compensation benefits from January 10, 2011… Continue Reading

Workers’ Compensation and the Unlawful Discharge of or Discrimination Against an Employee for Claiming Benefits

Posted in Workers' Compensation

Did you know that it is against the law for an employer to discriminate against or fire and employee for claiming workers’ compensation benefits?  The law is very clear that an employer cannot retaliate against an employee for filing a workers’ compensation claim. N.J.S.A. 34:15-39.1 states in part the following: It shall be unlawful for… Continue Reading

Medical Records, Privacy Rights and Workers’ Compensation Claims

Posted in Injury Law, Workers' Compensation

As an attorney located in Lawrenceville, New Jersey representing injured workers, I struggle with the ethical dilemma of balancing my client’s right to privacy and the workers’ compensation carrier’s right to obtain medical discovery.  The injured worker’s right to confidentiality in medical treatment records is waived in part when they make a claim for physical… Continue Reading