FAQs
If you’ve been injured, let us help fight for your compensation.
FAQs
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If I suffer an injury while receiving treatment for an on-the-job injury, can I receive workers’ compensation for the new injury?
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’…
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What happens when you get in an accident with Uber?
While Uber offers riders a convenient alternative to traditional modes of transportation, Uber riders also take on a significant amount of risk each time they get into a car. There are a variety of ways that an Uber accident can occur, and what happens after an accident will depend on the type of accident, when…
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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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Will workers’ compensation cover my injury at a holiday party?
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…
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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…
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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,…