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Worker’s Compensation Workplace Injuries

Apr 19

Posted by admin in Workers Compensation | No Comments


The following article was written by E. Gregory M. Cannarozzi, Counselor-at-Law, L.L.C. and can be found on New-Jersey-Lawyers.com

Does an old back injury aggravated by your current job entitle you to workers’ compensation benefits? Is your hypertension a result of employment-related stress? If you were in a car accident while running an errand for your employer, do you qualify for workers’ compensation benefits?

Any injury related to your employment entitles you to income and medical benefits. A serious back injury, an amputated arm or leg, brain damage, asbestosis, or another catastrophic workplace injury that gives rise to partial/total permanent disability entitles the worker to long-term wage and medical benefits.

Contact us at the Law Office of E. Gregory M. Cannarozzi, Counsellor at Law, L.L.C. in Oradell, New Jersey to arrange a free consultation with a workers’ compensation lawyer. Find out if your workplace injury qualifies for benefits.

Qualifying workplace injuries:

  • Spinal cord, neck, and back injuries that result in quadriplegia, paraplegia, some other paralysis, loss of function, or chronic pain
  • Permanent brain damage resulting from traumatic brain injury (TBI)
  • A torn rotator cuff injury, herniated lumbar disc/cervical disc, knee injury, shoulder injury, or other orthopedic or soft tissue injury
  • Psychological injuries, including posttraumatic stress disorder (PTSD), depression, and anxiety
  • Lung injuries, including asbestosis and baker’s lung
  • Heart conditions, including hypertension and heart attacks caused by stress, and pulmonary problems caused by exposure to diesel fumes and carbon monoxide
  • Cancer caused by toxic exposure, including lung, stomach, colon, and throat cancer, leukemia; and mesothelioma, including cancers that are diagnosed years after retirement
  • Repetitive stress injuries, including carpal tunnel syndrome, back strain, and rotator cuff impingement syndrome
  • Any injury that cause permanent partial loss of use of your hand, arm, all fingers, leg, foot, all of toes, eyes, or ears

Preexisting injuries, second injuries

If a preexisting injury has been aggravated by your work, you are entitled to benefits but your claim must be handled very carefully. A construction worker’s knee injury from high school may be reinjured at work and require orthopedic surgery. An office worker with a history of depression may break down under the pressure of the workplace. A manual laborer with a lumbar disc injury may suffer a second back injury at a new job. Preexisting carpal tunnel syndrome may be aggravated by a repetitive stress injury in a new job.

When there is a history of previous injury to the same body part, a settlement for partial/total permanent disability benefits will be reduced by the percentage of the injury that is related to the first accident. If two or more injuries combine to result in total permanent disability, the New Jersey Second Injury Fund pays the portion of the total disability caused in a previous position.

If your employer does not carry workers’ compensation

In New Jersey it is a criminal offense to fail to carry workers’ compensation insurance. If you were injured and your employer is not insured, you can still receive income benefits and medical benefits under the Uninsured Employers’ Fund (UEF) established through New Jersey workers’ compensation law.

Contact a lawyer about a workplace injury claim.

At the Law Office of E. Gregory M. Cannarozzi, Counsellor at Law, L.L.C. in Oradell, New Jersey, our workers’ compensation staff is committed to providing clients with responsive and effective legal services. If you are recovering from a workplace injury such as a repetitive stress injury, injury from a slip and fall accident, back injury, brain injury, or neck injury, it is important to have a lawyer to review your claim in order to see that you are being treated fairly.

To find more articles about New Jersey  workers’ compensation can be found at New-Jersey-Lawyers.com.  new jersey workers’ compensation lawyers can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

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New Jersey Worker’s Compensation Law & Permanent Disability

Nov 1

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The following article was written by Kamensky- Cohen and can be found on New-Jersey-Lawyers.com

In New Jersey, an employee who is injured while at work is entitled to free medical benefits, temporary disability benefits, and (if appropriate) an award for permanent disability. The first two benefits are generally provided by the employer immediately after the injury without the assistance of legal counsel. However, the third aspect, concerning the permanency of the injury, is often highly contested. It is at this stage that selecting the right attorney to pursue your claim is invaluable.

Your attorney will begin the litigation process by filing a formal Claim Petition. Once the claim is filed, the process of accumulating the records from the treating doctors begins. Pursuant to the laws of New Jersey, your employer will provide all records in their possession to your attorney free of charge. Once all of the records are received, they will be sent to a neutral doctor who will perform an evaluation to determine your degree of permanent disability. In addition, your employer will also require that you attend a physical or mental examination with a physician of their choice for an estimation of disability.

Once the separate reports are received, the negotiation process begins and each party’s respective positions as to permanent disability are presented to the Judge of Compensation. He or she will review these reports and make a recommendation as to the percentage of the disability. If the parties agree with the Court’s determination, the matter is scheduled for a date in which the Court can formally approve the settlement. In New Jersey law, all workers’ compensation settlements must be approved by a Judge of Compensation in open court. If the parties cannot agree on a settlement, a formal trial will be conducted at which time testimony of witnesses will be heard. At the conclusion of all of the testimony, the Judge will deliver a decision regarding permanent disability, which is binding on all parties.

As always, if you have any questions, please do not hesitate to contact us at Kamensky Cohen for assistance with all of your Workers’ Compensation questions.

Other New Jersey workers compensation Legal articles can be found on New-Jersey-Lawyers.com. You can find  NJ workers comp Lawyers on New-Jersey-Lawyers.com . Other sources of NJ Lawyers can be found on NJ lawyers or NJ Law firms

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Injuries at Work, and Workers Compensation – part2

Aug 8

Posted by admin in Workers Compensation | No Comments


The following article was written by Andrew F. Garruto, Attorney at Law and can be found on New-Jersey-Lawyers.com

What types of accidents give rise to a workers compensation claim?

* Specific Accident Claims – These are regular, everyday accidents. They include, but are not limited to, falls, motor vehicle accidents, machinery, and lifting injuries.  Please note, an injury is still covered under Workers Comp even if the worker caused his own accident. The only issue is whether the worker was injured while performing his job.

* Repetitive Motion Claims – The repetitive motion and strain of a job can cause a work related injury. The most common examples are jobs where a worker has to do a lot of lifting, or doing the same movements over and over.  For example, jobs that require constant typing can cause carpal tunnel syndrome.  In a Repetitive Motion Claim, there is no one particular incident that caused the worker to sustain the injury, but the repetitive wear and tear of the job caused the worker’s body to break down.

* Occupational Exposure Claims – Workers may be exposed to harmful elements on the job.  These can include  chemicals, asbestos, and other noxious elements.  Over time, this exposure may cause a worker to suffer lung disease, cancer, heart problems, or mesothelioma.  A worker who suffers from this type of Occupational Exposure is entitled to receive Workers Compensation benefits.

The entire article can be found here.

Other New Jersey Legal articles can be found on New-Jersey-Lawyers.com. You can find  New Jersey Personal Injury Lawyers on New-Jersey-Lawyers.com . Other sources of NJ Lawyers can be found on NJ lawyer or NJ Law firms

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Injuries at Work, and Workers Compensation – part1

Aug 1

Posted by admin in Workers Compensation | No Comments


The following article was written by Andrew F. Garruto, Attorney at Law and can be found on New-Jersey-Lawyers.com

What is workers compensation insurance?

New Jersey Workers’ Compensation insurance is insurance that an employer is required by law to carry.  It provides benefits for any worker injured as a result of his or her job.  In New Jersey, if you, as an employee, are injured while working your employer is required to pay for your medical treatment.  This includes hospitalization, doctors visits, surgery, physical therapy, medications,  counseling, and nursing care. If an injured employee is unable to work for more than seven days, the injured worker is entitled to be paid for the entire time he or she is out of work.  At the end of the case, the employee may be entitled to a payment for permanent disability.

Three types of benefits defined

* Medical Benefits – An injured worker is entitled to medical treatment intended to cure the work related injury. The employer, more accurately, the employer’s workers compensation insurance company, has the right to select the injured workers’ doctors. However, if the employer refuses to provide appropriate medical treatment, or authorizes doctors that are not qualified to provide that care, the injured worker has the right to file a Motion with the Court to get the employer to provide the correct medical treatment

* Temporary Disability Benefits – An injured worker is entitled to payment for the wages lost as a result of losing time from work due to the worker’s injury. The injured worker is entitled to 70% of his or her gross weekly wage, including overtime and tips, subject to a maximum and minimum amount designated for the year of the accident. If the employer refuses to provide appropriate Temporary Disability Benefits, the injured worker has the right to file a Motion with the Court to compel these benefits.

* Permanent Disability Benefits – An injured worker has the right to seek a money award for permanent disability (permanent injury).  Most of the workers who file workers compensation claims have returned to the same job they had before their accident.  The injured worker is required to show certain signs of a permanent injury, as a result of the injury that occurred on-the-job.

The balance of this article can be found here.

Other New Jersey Legal articles can be found on New-Jersey-Lawyers.com. You can find  New Jersey Personal Injury Lawyers on New-Jersey-Lawyers.com . Other sources of NJ Lawyers can be found on NJ lawyer or NJ Law firms

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OVERVIEW OF THE NEW JERSEY WORKERS’ COMPENSATION SYSTEM

Dec 3

Posted by admin in Workers Compensation | No Comments



The following article about
New Jersey Workers Compensation will be featured on New-Jersey-Lawyers.com as soon as the new version of New-jersey-Lawyers is published.

 

OVERVIEW OF THE NEW JERSEY WORKERS’ COMPENSATION SYSTEM

By: Lisa Pezzano Mickey, Esq.

 

            The workers’ compensation system in New Jersey was designed to provide injured workers with prompt medical attention and wage replacement benefits when they are disabled due to a work injury.  There is no need for an employee to prove that the employer committed negligence in order to collect benefits.  As long as the injury occurred during the course of employment, the injury is considered “compensable” under the New Jersey Workers’ Compensation Act, N.J.S.A. 34:15-1 et seq.  In other words, even if the employee injures himself while tripping over his own two feet at work, he is potentially entitled to benefits.  The workers’ compensation insurance carrier must pay 100% of all related medical treatment.  During the time that the employee is unable to work while recovering from his injuries, he is entitled to be paid 70% of his average weekly wages, up to a maximum amount which changes every year.  After he has been discharged from medical treatment, the employee may also be entitled to receive a percentage of permanent disability benefits.  If the work injury leads to death, the employee’s dependents are entitled to receive benefits, based upon the employee’s average weekly wage.  Unlike a negligence claim, a workers’ compensation claimant is not entitled to receive compensation for “pain and suffering,” and miscellaneous expenses.  However, if the employee sustained a permanent injury as a result of the work accident, he is generally entitled to receive benefits for a certain number of weeks, based upon a schedule of disabilities set forth in the Workers’ Compensation Act.    

 

Medical Benefits

 

            The workers’ compensation insurance carrier must pay 100% of all related medical treatment.  The injured employee does not owe any co-payment or deductible.  However, that treatment must be pre-authorized by the employer’s workers’ compensation carrier.  The difficulty for injured workers is that the employer (referred to as the “Respondent” in the Division of Workers’ Compensation, hereinafter “DWC”) chooses the doctor and has the right to “control” the treatment.  Unfortunately, it is not uncommon for a carrier to hold up the worker’s treatment by failing to authorize it in a timely manner.  The good news is that most Judges will order the carrier to pay for any treatment recommended by the authorized treating physicians.  If an authorized physician recommends treatment which is denied by the workers’ compensation carrier, a “Motion for Medical Treatment” should be filed with the DWC, to compel the carrier to pay for the treatment. 

 

            If the carrier believes that the authorized physician is over-treating the patient, or is not returning him to work quickly enough, the carrier may choose to schedule an “independent” medical examination (known as an “IME”).  The purpose of the IME may be to direct the treatment to a more appropriate medical expert.  Sometimes though, the IME is specifically scheduled to create a basis for cutting off medical and/or temporary disability benefits to an injured worker.  Unless there is a reason to question the competence of the authorized treating physician, many workers’ compensation attorneys refuse to allow their clients to attend an IME prior to being discharged from the authorized treating physicians.  If the independent medical consultant finds that no further treatment is necessary or related to the accident, the carrier may terminate further benefits on that basis.  However, the Courts will generally accept the opinion of the authorized treating physician, who followed the patient over a course of time, over the opinion of an “independent” expert who performed a cursory examination. 

 

Temporary Benefits

 

            The Workers’ Compensation Act provides that an employee is entitled to receive 70% of his average weekly wage, up to the state maximum, for the period of time that the authorized treating physician indicates he is unable to work and needs treatment.  The average weekly wage is calculated based upon the employee’s average wage over the six month period immediately prior to the date of the accident.  The average weekly wage includes all overtime paid during that six month period.  For accidents which occur in 2008, the state minimum temporary disability rate is $198 per week, and the maximum temporary disability rate is $742 per week.  

 

            If the authorized treating physician determines that the employee needs further treatment and is unable to return to work, he is entitled to receive temporary disability benefits.  If the physician finds that the employee may return to work on a “light duty basis,” and the employer is willing to accommodate the specific work restriction set by the authorized physician, then temporary disability benefits will be suspended.  On the other hand, if the physician recommends a return to work with a restriction (ie: lifting no more than 20 pounds), and the employer is unwilling to accommodate that restriction, then the carrier must continue paying temporary disability benefits. 

 

            Temporary disability benefits are, by definition, “temporary” in nature.  Under the workers’ compensation statute, the maximum period of time temporary disability benefits may be paid is 400 weeks, which is approximately 7 ½ years.  If an injured worker is still receiving active medical treatment at that point, and is unable to return to work, he is entitled to receive total permanent disability benefits. 

 

            The injured worker must also be under active medical treatment with an authorized physician to be eligible for temporary disability benefits. Once the authorized physician determines that the patient has reached “maximum medical benefit” from treatment, then he is no longer entitled to receive temporary disability benefits, even if the treatment has not completely cured him and he cannot return to his prior occupation.  For example, if an electrician injures his hands, and is no longer able to perform electrical work, his temporary disability benefits will be terminated the day his physician determines that he cannot improve with further treatment. 

 

Permanent Benefits

           

            Once the injured worker has been discharged from treatment, the permanent disability phase of the workers’ compensation claim begins.  In order to preserve the right to receive permanent disability benefits, a Claim Petition must be filed with the DWC within two years of the date any benefits were paid by the workers’ compensation carrier.  Accordingly, the injured worker may file a Claim Petition any time within two years of the last authorized medical visit or temporary/permanent disability benefit. 

 

            The filing of the Claim Petition starts an adversarial proceeding in the DWC between the injured worker (known as the “petitioner” in the DWC) and the employer (known as the “respondent”).  For all practical purposes though, the claim is made against the workers’ compensation insurance carrier, which is served with the Claim Petition by the DWC. 

 

            In order to evaluate the degree of permanent disability sustained by the petitioner, both the carrier and petitioner’s attorney will retain medical experts who are familiar with the New Jersey disability schedule.  In general, both experts will provide exaggerated estimates of the disability for the purposes of negotiating a settlement of the claim.  For example, a respondent’s expert may estimate the disability of an injured workers’ back injury as a 5% permanent partial disability.  By contrast, the petitioner’s expert may indicate that the very same injury causes a 40% permanent partial disability.  Most claims settle prior to trial, at a percentage of permanent partial disability benefits somewhere between the two expert estimates. 

 

            Sometimes an IME is scheduled by the carrier prior to the filing of a Claim Petition, in order to discourage the injured worker from retaining an attorney.  Thereafter, the carrier will often offer the claimant a “voluntary” settlement, based upon the degree of disability estimated by respondent’s expert.  If the independent medical expert estimates a disability of 5% partial permanent disability as a result of the accident, the carrier will often offer the claimant a settlement representing a 5% partial total disability.  Unfortunately, unwitting claimants may believe that they have forfeited their rights to pursue the claim further by accepting this settlement.  However, an injured workers’ right to be fairly compensated for his permanent injury cannot be unilaterally limited by the carrier.  Rather, a final settlement can only be enforced when it is given the stamp of approval of a Judge of Compensation.  Most claims are worth substantially more than the estimate of the carrier’s medical expert. Accordingly, a carrier’s voluntary tender of a percentage of permanent disability benefits should be considered only a downpayment on the ultimate settlement award.

 

            After a Claim Petition has been filed, and the petitioner attends permanency examinations with both the carrier’s medical expert, and the medical expert recommended by his attorney, the parties are ready to begin settlement negotiations.  As indicated previously, most claims for partial permanent disability benefits settle somewhere between the estimates provided by the competing medical experts. The value of the claim will depend on several factors:

 

  • The amount of lost time from work.
  • The objective medical testing.
  • The nature and amount of treatment provided.
  • The limitations caused by the injury.

 

The Court will set the permanent disability award based upon the degree to which the injury has limited the petitioner’s ability to work and engage in his usual activities.  Even after a settlement has been reached for partial permanent disability, in most cases, the claim may be “reopened” within two years of the petitioner receiving his last check for workers’ compensation benefits. 

 

 

 

Attorneys’ Fees

 

            In order to obtain fair compensation for the injuries sustained in an accident, injured workers’ should retain an attorney who has experience in the Division of Workers’ Compensation.  It is illegal for a workers’ compensation attorney to require a fee to be paid in advance by a client.  Rather, the attorneys’ fees are set by the Judge of Compensation, to be paid out of the proceeds of a settlement or judgment.  The Judge may set the attorneys’ fee at a maximum of 20% of the award, out of which the insurance carrier may be ordered to pay more than half of the petitioner’s attorneys’ fees.

 

            If you have any questions about your rights, please feel free to call (908)735-4500 for a free consultation or visit my website at www.newjerseyworkerscomp.com. 

 

To Read more articles about this topic or to find a New Jersey Lawyer visit www.New-Jersey-Lawyers.com or go to NJLawFirms.net for more listings of NJ lawyers dealing with workers compensation.

If you are looking for a workers compensation lawyer in other areas other than New Jersey, we would suggest visiting www.Lawyers-Search.com