Category Archives: Workers’ Compensation

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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

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