The closing of Revel and Showboat  casinos over the Labor Day weekend will not have an effect on an injured worker who had a valid workers’ compensation claim before the casino closed.  In fact, if you were injured while you were working for one of these casinos, and reported the injury but never filed a formal workers’ compensation claim petitioner, you can certainly contact an attorney and do so now, even though the casino has closed.  The Associated Press reports that the closing of the Showboat Casino and the Revel Casino over the Labor Day weekend caused approximately 5000 employees to lose their jobs.  Those with valid workers’ compensation claims will not lose their claims because of the casino closings.  Nor will filing a claim for unemployment benefits because of the closings effect an injured worker entitled to workers’ compensation benefits.  Keep in mind though that an injured worker cannot receive unemployment benefits and weekly workers compensation benefits at the same time.  The same rules apply to those workers employed by Trump Plaza who are expected to lose their jobs when that casino closes on September 16th.

I recently met with an employee of the Revel casino who was getting laid off on September 1, 2014.  She was injured in May of 2014 and had an ongoing workers’ compensation case where the employer was honoring her light duty restrictions and paying for 100% of her injury related medical care.  She wanted to know if the fact that Revel Casino was shutting down would stop her workers’ compensation benefits.  I was pleased to be able to tell her that her workers’ compensation benefits would continue after her lay off on September 1, 2014.  In fact, since she now has no employer to accommodate her light duty restrictions, she will be paid weekly benefits by the workers’ compensation carrier until the authorized workers’ compensation doctor releases her for full duty.  And at that point she will still be eligible for a partial permanency settlement through the workers’ compensation court, even if she returns to another place of employment.  Workers’ compensation benefits that were in effect on the date of an injury continue and remain intact through lay-offs and firings.  These benefits include weekly temporary disability benefits, medical benefits and partial or total disability benefits through the workers’ compensation system.

If you have any questions regarding your right to ongoing workers’ compensation benefits please contact Stark and Stark.