Under the odd-lot doctrine, a New Jersey judge may consider factors beyond physical and neuropsychiatric impairments to find an injured worker permanently and totally disabled. For the odd-lot doctrine to apply, physical and neuropsychiatric impairments must constitute at least 75 percent of the worker’s disability, and the worker must be unemployable as a result of…

A workers’ compensation lawyer in New Jersey does not charge an hourly fee. Rather, a lawyer charges a contingency fee, meaning you do not owe your attorney any money unless you receive a settlement or an award. The lawyer receives a percentage of your award or settlement. New Jersey caps the fee at 20 percent…

Workers’ compensation covers an employee’s allergic reaction if the employee’s job causes the reaction and the reaction is serious enough to prevent the employee from working. Many allergies exist in the workplace, and some can cause health problems for employees. Mold can cause respiratory damage. Asbestos can cause skin reactions, respiratory problems and cancer. Chemicals,…

It depends. You can recover workers’ compensation if you can show your exertion or strain at work caused the heart attack. For example, you started having chest pain after lifting something heavy or performing strenuous activity. The activity must be more than the normal wear and tear of your daily living. The fact the heart…

No. New Jersey’s workers’ compensation law makes no provision for the payment of transportation costs to and from the doctor. Likewise, the law does not provide for mileage reimbursement. If you move out of state and have to return to New Jersey for an independent medical examination, your employer does not have to pay for…

New Jersey provides a procedure to reopen your case if your condition gets worse after a workers’ compensation award or settlement. You must present evidence that your disability has increased since the award or settlement. You need to present medical evidence of your condition now and at the time of the initial award or settlement….

It depends on whether the second injury resulted from an independent, intervening cause. If you innocently aggravate your work injury or suffer an injury because of the work injury, you can get workers’ compensation benefits for the second injury. If the second injury is totally unrelated to your work injury, workers’ compensation does not cover…

Yes. An immigrant, whether documented or undocumented, can recover workers’ compensation if injured within the scope of their employment in New Jersey. Despite the fact that federal law makes it illegal to employ a person not authorized to work in the United States, an undocumented immigrant is entitled to full benefits under the New Jersey…

An employee who exercises on their own time is normally not entitled to workers’ compensation if they are injured. But some exceptions exist. An employee will be entitled to workers’ compensation if they are furthering the employer’s interest at the time of the injury. For example, if an employer encourages its employees to exercise and…

Yes, if the scar is disfiguring, then you may receive workers’ compensation. The employee does not have to prove a loss of function to recover for a disfiguring scar. For example, a worker may recover for a disfiguring scar on their hand even though they have full use of the hand. Medical testimony can be…