I frequently hear people talk about dealing with their workers’ compensation case on their own. In a perfect world, this would be a simple process, but in reality it can be a tedious and frustrating process that you will need guidance for.
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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…
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…
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…
If you have been injured at work and suffered a permanent injury, what you put on the internet can hurt your attempts to obtain medical treatment, out of work benefits, and even a settlement for your injuries. Insurance carriers are using the internet as an investigation tool to weed out potential fraud. If you are…
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…
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…
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…
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…
