Petrillo & Goldberg Law

New Jersey Supreme Court Addresses the State’s “Made-Whole” Doctrine

By Petrillo & Goldberg / August 18, 2020 / Comments Off on New Jersey Supreme Court Addresses the State’s “Made-Whole” Doctrine

Earlier this month the state’s high court issued a written opinion in a New Jersey workers’ compensation subrogation case. The case arose after a dispute between an employer and their insurance company after an employee recovered both workers’ compensation benefits as well as a personal injury settlement based on the same injuries. The Facts of…

Employee That Filed A Workers’ Compensation Claim Awarded Legal Settlement for Retaliatory Treatment by Employer

By Petrillo & Goldberg / June 29, 2020 / Comments Off on 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

By Petrillo & Goldberg / June 26, 2020 / Comments Off on 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

By Petrillo & Goldberg / June 23, 2020 / Comments Off on 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

By Petrillo & Goldberg / June 19, 2020 / Comments Off on 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

By Petrillo & Goldberg / June 16, 2020 / Comments Off on 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

By Petrillo & Goldberg / March 31, 2020 / Comments Off on 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

By Petrillo & Goldberg / March 3, 2020 / Comments Off on 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

By Petrillo & Goldberg / February 17, 2020 / Comments Off on 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

By Petrillo & Goldberg / February 3, 2020 / Comments Off on 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…