Will COVID-19 Be the End of the Exclusive Remedy Provision of the Pennsylvania Workers’ Compensation Law
Workers’ compensation claims are intended to provide injured employees a quick way to obtain limited benefits after a workplace injury. There are several benefits to a workers’ compensation claim. For example, an injured worker does not need to prove that their employer was responsible for their injury. In fact, even those employees who are partially […]
Employee That Filed A Workers’ Compensation Claim Awarded Legal Settlement for Retaliatory Treatment by Employer
Workers’ compensation is a no-fault remedy for employees who suffer an injury or illness in the workplace or during the course of employment. Because the worker’s compensation process is the sole remedy to obtain compensation for work-related injuries and illnesses, employees have the right file a claim. Some employers may become upset or offended when […]
Exceptions to the New Jersey Workers Compensation Laws Allows Employee to file a Personal Injury Lawsuit Against Employer
Under the New Jersey Workers’ Compensation Act, an employee’s exclusive remedy for a work-related injury or illness is to file a worker’s compensation claim. State law forfeited the option for employees to file personal injury lawsuits against employers when it enacted the workers’ compensation process. The worker’s compensation claims process also removes the option of […]
Wrongful Termination While on Workers’ Compensation
Workers’ compensation is a no-fault insurance that covers employees if they suffer an injury in the workplace or during the course of employment. The injury worker may file a workers’ compensation claim for the injury. If the claim is approved, he may receive medical benefits to cover medical expenses to treat the injury. He may […]
What Lawmakers Can Do to Protect Employees Against COVID-19
COVID-19, or the novel coronavirus, changed every Americans’ life seemingly overnight. Initially, there were a few isolated cases in various cities across the country; however, New York and New Jersey quickly became two of the most affected “hot spots.” Indeed, New Jersey has the second highest number of COVID-19 cases in the country, as well […]
False Worker’s Compensation Claims Result in a Criminal Charge and Civil Liability
In New Jersey, workers’ compensation is the sole remedy for employees who suffer work-related injuries or illnesses. After the work incident, the injured worker must notify his employer about what happened. Once notified, the employer must submit the injury claim to his worker’s compensation insurance provider. If the employer has self-insurance to cover injuries to […]
Compensation for injuries in an industrial accident in New Jersey
An industrial accident at a New Jersey processing plant killed a Philadelphia man. The accident highlights the dangers faced by employees who work at industrial sites. Emergency personnel, responding to a call at the Safeway Freezer Storage plant in Vineland in New Jersey, found Felipe Rodriguez, a 28-year-old worker, dead at the scene. First responders […]
Requiring New Jersey employers to reimburse injured workers for medical marijuana
A workers’ compensation judge in New Jersey can order an employer to reimburse an injured worker for the worker’s use of medical marijuana prescribed for chronic pain following a work accident. The Appellate Division of the Superior Court of New Jersey concluded the order did not conflict with the federal Controlled Substances Act (CSA). Vincent […]
Injuries to airport and airline workers
Port Authority police officers and a flight attendant suffered injuries at the Newark Airport. The incident serves as a reminder of the risks faced by airport and airline workers on a daily basis. The incident allegedly began when a passenger banged on the cockpit door. The passenger allegedly attacked a flight attendant who tried to […]
Using the inability to understand English as a ground for total disability under the odd-lot doctrine
New Jersey workers’ compensation law allows judges to use the odd-lot doctrine to consider factors beyond physical and neuropsychiatric impairments to find a worker permanently and totally disabled. The issue was before the Appellate Division of the Superior Court of New Jersey in a case in which the injured employee argued her limited English should […]