Whether workers’ compensation covers a new injury suffered during treatment for a work injury depends on whether the activity during the treatment causes the condition or aggravated a preexisting condition. For example, if you have a work-related wrist injury and your physical therapy aggravates a preexisting condition, such as a rotator cuff injury, then workers’…

If your doctor says you are able to perform light-duty work, your employer may offer you a light-duty position. If you refuse the offer, you can lose your workers’ compensation temporary disability benefits. The offer may consist of fewer hours than you normally work or a lower amount of pay. For example, if your normal…

You can settle your workers’ compensation case and receive benefits in a lump sum or in installments. In New Jersey, two types of settlements are used in workers’ compensation cases – Section 20 settlements and Section 22 settlements. You can enter into a Section 20 settlement and receive a lump sum. You cannot reopen the…

You cannot bring a tort lawsuit against the placement agency’s client if the client is a special employer. A special employer is just like a regular employer and cannot be sued by its employees. The remedy for your injury is usually a workers’ compensation claim against the placement agency. The agency normally contracts with its…

Whether workers’ compensation covers your injury at a holiday party depends on the circumstances. You can recover compensation for your injury if you can show the purpose of the party was more than a social gathering. Several factors will determine if compensation can be awarded. Who hosted the even? Did your employer host or sponsor…

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…

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…

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…

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…