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…

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,…

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…

Your claim will be investigated by your employer’s workers’ compensation insurance company (or by your employer if they is self-insured). They will determine your benefits. You can file a claim with the Division of Workers’ Compensation if you do not agree with their decision.

It depends. Whether you can recover compensation depends on the nature of the assault. If the assault arose out of a personal dispute between you and the co-worker, then you cannot recover compensation. For example, the co-worker may have carried a grudge against you that arose outside of work. On the other hand, if the…

Maybe. If the injured employee can show an intentional tort or wrongdoing by the employer, the employee can file a tort or personal injury lawsuit against the employer. Normally, the employee is limited to a workers’ compensation claim against the employer. In the workers’ compensation claim, the employee is limited to the amount of lost…

After you have been injured at work you may need to wait for some benefits to begin. Medical benefits should start immediately, so any medical expenses related to the work injury will be paid by your employer or their insurance. Non-medical benefits may take more time. Your claim must be fully accepted and approved before…

Unfortunately, there is nothing to prevent an employer from cancelling your health insurance while you are unable to work due to injury. There are protections provided at the federal level by the Family Medical Leave Act and COBRA, however. These programs mandate a continuation of healthcare coverage for you while you are injured if you…