Workers' Compensation
If you’ve been injured, let us help fight for your compensation.
Workers' Compensation
-
Can an employer commit workers’ compensation fraud?
Yes. The fraud may not just punish the employer but result in a benefit to the employee. For example, if an employer fails to obtain insurance on its employees, New Jersey law punishes the employer with up to 18 months in jail and a $10,000 fine. A fund exists to pay benefits to an employee…
-
Can my employer cut off my temporary disability benefits because I am working a part-time job?
The answer depends upon the circumstances. New Jersey law requires the payment of temporary disability benefits for days or fractions of days an employee is not able to work. These benefits end when the employee is able to resume work. The law does not say resume work at the job where the injury occurred. An…
-
Can I file a lawsuit against a coworker whose negligence caused my work injury?
No. Workers’ compensation is your exclusive remedy for negligent acts of coworkers. If you are injured as the result of a negligent act of your coworker, you can recover workers’ compensation benefits from your employer. In general, you cannot file a tort action against the coworker or your employer. You may file a suit against…
-
If I get hurt while performing my part-time job, can I get more benefits if I am unable to perform full-time work because of my injury?
Yes. New Jersey reconstructs a part-time worker’s wage to that of a full-time employee when calculating workers’ compensation benefits for permanent disability if the employee intended to work full-time hours in the future and the worker is unable to work full-time because of the work injury. Workers’ compensation law bases permanent disability benefits on a…
-
What is the odd-lot doctrine?
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…
-
How much does a New Jersey workers’ compensation lawyer charge?
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…
-
Does workers’ compensation cover allergic reactions?
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,…
-
Can I recover workers’ compensation if I suffer a heart attack at work?
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…
-
Following my work injury, is my New Jersey employer required to pay for my transportation expenses to and from my doctor?
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…
-
If my condition gets worse after I am awarded workers’ compensation, can I get more benefits?
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….