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 Treatment must be provided by the employer, an important provision of our Workers’ Compensation Act originally enacted in 1911.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?

The New Jersey Workers’ Compensation Fraud Statute, N.J.S.A. 34:15-57.4, is alive and well in the Division of Workers’ Compensation as it applies to injured workers. Attorneys for workers’ compensation carriers are making fraud arguments often, and in some cases being successful in terminating workers’ benefits. Yet injured workers do not routinely file fraud claims against employers and/or their insurance carriers, who routinely and improperly deny benefits to injured workers.  However in this update to an article I wrote previously, I can now happily report that the New Jersey Workers’ Compensation Statute applies to both employees and employers.

Continue Reading Workers Compensation and Fraud Update – the Statute Applies to the Employee and the Employer Alike

Attention Corrections and Juvenile Justice Officers

It appears that there is erroneous information concerning the present right of such Officers to receive SLI benefits rather than Workers’ Compensation Temporary disability benefits (70% of salary subject to a cap) when injured by direct contact with inmates in the performance of an officer’s duties.

Unfortunately, no such SLI benefits currently exist and those who say it does are incorrect. While there is proposed legislation to reinstate the SLI program in these situations, it is not yet an actual law.


Continue Reading Important Update on SLI Benefits

New Jersey workers’ compensation benefits are governed under N.J.S.A. 34:15 et seq. There are three benefits you are entitled to when you get hurt at work in New Jersey: payment of medical bills, payment of temporary disability benefits or wage replacement and payment of an award of permanent disability. I will address each of these in a series of blogs.

This is the third in a series of three blogs. The previous blogs can be found here: Part 1, Part 2.

This blog will focus on the benefit known as permanent partial disability. After medical treatment has been provided and the authorized doctor tells you there is nothing more he can do, you may be entitled to a monetary award even if you have returned to work full duty (see prior blogs). This benefit is payable if the injury has a permanent impact on your life.


Continue Reading New Jersey Workers’ Compensation Benefits Unraveled – Part 3

New Jersey workers’ compensation benefits are governed under N.J.S.A. 34:15, et seq. There are three benefits you are entitled to when you get hurt at work in New Jersey: payment of medical bills, payment of temporary disability benefits or wage replacement and payment of an award of permanent disability. I will address each of these in a series of blogs.

This is the second in a series of three blogs. Blog one can be read here: Part 1.

When you are hurt at work and the authorized doctor (see previous blog) indicates that you must be out of work to recover from your injury, you may be entitled to receive a portion of your wages. The law in New Jersey entitles you to 70% of your gross weekly wage. However, if you earn in excess of $1,221.50 per week, you can never receive more than $855.00 per week.


Continue Reading New Jersey Workers’ Compensation Benefits Unraveled – Part 2

New Jersey workers’ compensation benefits are governed under N.J.S.A. 34:15 et seq. There are three benefits you are entitled to when you get hurt at work in New Jersey: payment of medical bills, payment of temporary disability benefits or wage replacement and payment of an award of permanent disability. I will address each of these

Generally, petitions filed by injured workers for occupational disease claims are barred if they are not filed within two years of the date the injured worker discovered the nature of the disability and it relationship to employment. This is addressed in the workers’ compensation law under N.J.S.A. 34:15-34.

Unlike an accident, which has a specific date, the precise onset of an occupational disease may be hard to determine.
Continue Reading Statute Of Limitations in a New Jersey Workers’ Compensation “Occupational Disease” Claim

Generally speaking, a person who is assaulted at work to receive workers’ compensation benefits must show that the assault is related to the employment relationship and not from a purely personal relationship. If the assault arises out of a clearly personal dispute, the injured employee may be barred from obtaining workers’ compensation benefits. The injured party may, however, be able to pursue a common law negligence claim against the co-worker who perpetuated the assault.

In a recent case, Lesley Joseph v. Monmouth County, Mr. Joseph appealed a workers’ compensation Judge’s decision to dismiss his claim after he was assaulted by another employee at work. The Judge found that the assault lacked any connection to the workers’ employment, as it arose out of the worker’s involvement with the other employee’s pyramid investment scheme. The injured worker appealed arguing that the fact that the assault happened in the workplace was enough to make it arise “out of and in the course of” employment.


Continue Reading Is an Assault at Work Compensable Under the New Jersey Workers’ Compensation Statute?