FAQs
If you’ve been injured, let us help fight for your compensation.
FAQs
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Who qualifies for temporary total disability?
A person who has been injured or become ill at work and must take time off to recover may be eligible for temporary total disability payments. This will happen if they are eligible for workers’ compensation, have filed a workers’ compensation claim and are receiving medical care. Temporary total disability payments replace a portion of…
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Can I be fired while I am on worker’s compensation?
This depends. You cannot legally be fired as retaliation for filing a worker’s compensation claim. However, if your employer can give another valid reason for your termination you can be fired or laid off while you are on worker’s compensation. For example, you can be fired while you have an open worker’s compensation claim because…
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Do I have to accept my employer’s offer of light duty following my work injury?
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…
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Can I settle a workers’ compensation case?
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…
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Can I sue a job placement agency’s client if I am injured while working for the client?
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…
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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…
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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…
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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…
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Can I receive workers’ compensation for a gradual injury?
Yes. Injuries that develop from work over a period of time are covered by workers’ compensation as injuries that happen suddenly. Gradual or wear-and-tear injuries can be more difficult to prove. To recover workers’ compensation, the gradual injury must be related to your work. It cannot be a natural progression of the aging process or…
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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,…