The New Jersey Senate and Assembly have approved a bill lifting the civil statute of limitations on certain sexual offenses. The bill now heads to Governor Murphy’s office to sign so it can become law.

Specifically, the legislation would allow child victims to sue up until they turn 55 or within seven years of their first realization that the abuse caused harm. Currently, the law currently limits this range to two years. In addition, the bill would grant adult victims seven years to sue from the discovery of the abuse.

Continue Reading NJ Statute of Limitations Bill Aims to Help Victims of Sexual Abuse

In what signals a major victory for volunteer first responders, the New Jersey Supreme Court has ruled that such volunteers injured in the line of duty are entitled to temporary disability benefits regardless of whether they have a paying job at the time of the injury.

Continue Reading New Jersey Supreme Court Grants Volunteer First Responders Temporary Disability Benefits Regardless of Outside Employment Status

In today’s economic climate many people do not have or cannot afford health insurance through their employer. In situations such as this, it is very often the case that the individual is covered by a state program involving Medicaid.

Medicaid is need-based, and in reality, it is a federal program administered by the state. Medicaid is intended to be used for non-work related conditions only. If a worker is injured on the job who happens to be covered by Medicaid, it is absolutely necessary to avoid using Medicaid for treatment.

Continue Reading Medicaid Liens and Workers’ Comp

The Veterans Administration provides medical coverage in many instances to veterans of the United States Armed Forces. Like Medicare, it is a federal program, and like Medicare, has the ability to lien a Workers’ Compensation file and seek repayment for any amounts the V.A. feels have been made for a work-related condition.

Continue Reading Liens Attaching to Injured Workers’ Compensation Claims – The Veterans Administration

The second lien type I will be discussing in this series of blogs is Medicare. Medicare is a benefit under federal law which, in most cases, is provided to an individual either by that individual reaching 65 years of age or by that individual being found to be eligible for Social Security Disability benefits.

Social Security Disability recipients are eligible for Medicare in most cases after a two-year waiting period. Medicare has the right under federal law to recover any money they pay for medical treatment which they feel is something which should have been paid by a workers’ compensation insurance carrier.

Continue Reading Medicare Liens Attached to a Workers’ Compensation Claim

You might ask yourself the above question if you are considering signing up to drive for the transportation service Uber. Uber promises that anyone with a valid driver’s license, personal car insurance, a clean record, and a four-door car can meet the New Jersey requirements to drive for Uber.

The Uber driver makes his or her own hours and is free to pick up or drop off a rider anywhere they chose and the driver can work as much or as little as they choose. Uber requires its drivers to carry the appropriate automobile insurance to cover the driver’s liability to other parties, damage to the vehicle and injury to the driver.

Continue Reading Are New Jersey Uber Drivers Covered By Workers’ Compensation Insurance?

Here is what you should do if you have been hurt at work.

Report your accident

Immediately tell your supervisor or safety director about your accident, even if you do not think you need immediate medical attention. You never know when something small will turn into something big and it is better to be safe than sorry. You or your employer will then complete an incident report making a record of the event. Failure to report an injury in a timely manner could result in the denial of benefits.

Continue Reading First 3 Steps to Take After Getting Injured at Work

One of the things we try to warn clients about early in a case is being sure that they treat only with authorized physicians, that is, physicians who are appointed by your employer or your employer’s workers’ compensation insurance company.

Under New Jersey law an injured worker does not have the right to choose a treating physician when an injury is accepted as work related by his or her employer. Treatment must be provided by the employer, an important provision of our Workers’ Compensation Act originally enacted in 1911. That Act incorporated a compromise which allowed employers to choose the doctors as a cost saving measure, in return for the injured worker not having to prove that he or she was not negligent, and not having to prove that the injury was someone else’s fault.

Continue Reading ERISA Liens from Medical Treatment – Do I Have to Repay Them?

Juul sells e-cigarette liquid pods with very high levels of nicotine compared to competitors. This has brought increased scrutiny from the FDA and interest from researchers trying to evaluate the harmful effects of the “combustible” cigarette alternative.

A recent study by Stanford referred to the current e-cigarette market as “a nicotine arms race” as more and more competitors ratchet up e-cigarette nicotine levels to try to compete with Juul. Due to its high nicotine content, several lawsuits have been filed claiming the product was responsible for causing nicotine addiction.

Continue Reading E-cigarette Users Sue Juul

As shared many times in the past, tobacco companies own a large percentage of e-cigarette companies. Recently “Big Tobacco” company Altria acquired a $12.8 Billion stake in Juul, the cool-looking vaping device that now dominates the e-cigarette market.

The FDA voiced concerns that the investment contradicts commitments from both companies to address an epidemic of youth vaping. Juul has been under scrutiny, not only for its advertising and social media campaigns, but also because its liquids have historically had nicotine levels higher than other products.

Continue Reading Tobacco Company Altria has $12.8 Billion Stake in Juul—FDA Concerned