Settlement in retaliation suit grants city employee $75K
A city worker who claimed he was demoted and terminated after filing two workers’ compensation claims for injuries sustained at work has settled his lawsuit against Galloway for $75,000. Frank Chamberlain stated he received negative reviews from his supervisors and many disciplinary notices after he filed the second workers’ compensation claim in 2011. The suit […]
Lawsuits instead of workers’ compensation
Increasingly workers and their families are engaging in lawsuits regarding injuries in the workplace. This is especially the case where injured workers believe that actions on the part of the employer are willful violations of safety regulations in the workplace. In a legal agreement referred to as the Grand Bargain, employers promise to compensate workers […]
Ice cream worker suffers frostbite and amputations
While working at an ice cream production facility, a man claims he experienced frostbite when he was handling frozen treats. The frostbite was so intense that he was required to have partial amputations of some of his fingers. Raheem Muhammed, of Elizabeth, New Jersey, worked at the Mister Cookie Face plant in Lakewood, New Jersey, […]
Carrier’s permission to file suit despite failure to furnish 10-day statutory notice
The laws concerning workers’ compensation subrogation differ immensely among the states. Under New Jersey’s workers’ compensation subrogation, employers have a right of subrogation against the person or entity that injured their employee, and thereby recover workers’ compensation benefits previously paid to the employee. However, they are required to wait one year prior to filing a […]
A 4.4 million settlement between elevator worker and employer
An elevator mechanic suffered injuries when protective flooring slipped while he was moving an elevator door. He and his employer reached a settlement in the amount of $3.8 million, and waived a workers’ compensation lien of $602,000. According to The Legal Intelligencer, in the case of Ulmer v. L.F. Driscoll, which was heard in the […]
Worker’s compensation claim against hospital after patient attacks nurse
A nurse who worked at the Bergen Regional Medical Center hospital was attacked by a patient, and as a result, suffered physical injury and emotional distress. An arbitrator determined that Bergen Regional Medical Center is required to pay for her medical expenses. According to NJ.com, Sandra Giancarlo, who was employed by the hospital as a […]
Timely filing of occupational disease claim
Usually, if you suffer an injury at work, you must file an occupational disease claim within two years of the date you discovered the disability and its relevance to your job. Otherwise, you will be barred from bringing such a claim. While an accident has a certain date, it may be difficult to ascertain the […]
Filing a New Jersey workers’ compensation claim based on wear and tear
While many injuries occur in the workplace suddenly as part of a traumatic accident, others take place more gradually over a period of time. Examples of traumatic incidents at work include falling off a ladder, cutting part of a hand while using a saw or a sudden increase in bodily pain caused by lifting a […]
Paid breaks cannot offset compensation owed to employees
A district court decided that some of DuPont were not compensated for overtime. The employer contended that it should not be responsible for back pay because the workers had previously received all the compensation, to which they had a right. The employer further argued that since it provided them with paid meal breaks, although it […]
Possible workers’ compensation for injuries suffered by at-fault employees
Although the New Jersey courts have issued a ruling that horseplay is considered normal behavior in the workplace, there is a distinction between “horseplay” and “negligence.” The individual who is found to be provoking or engaging in an incident, may be found negligent and at fault, according to N.J. Stat. Ann. §34:15-7.1, and as a […]