Pezzano Mickey & Bornstein, LLP

Call Now For A Free Case Evaluation

(908) 923-0020

Pezzano Mickey & Bornstein, LLP

Workers’ Compensation Articles

What If I Was Injured in a One-Time Job? If you were not employed at the time of the accident, then the injuries will not be covered through workers’ compensation. For instance, if you were injured while assisting a friend with a project, even if you received some sort of payment for your services, you may be considered a “casual employee,” and not covered by the N.J. Workers’ Compensation Act. Are Independent Contractors Entitled to Receive Workers’ Compensation? If you were an “independent contractor,” rather than an employee, then your injuries will fall outside of the protection of the Act. It should be noted, however, that even if you signed an agreement which declares that you are an independent contractor,…Read More

Can You Walk Me Through The Process Of Filing A Workers Compensation Claim? 1) NOTIFY YOUR EMPLOYER OF THE INJURY If you are injured at work, you should bring the injury to the attention of a supervisor, to document the incident. The Workers’ Compensation Act provides that unless the employer has “actual knowledge” (such as in witnessing the accident), the employee must provide notice of the injury within 90 days. Please note that the notice need not be formal in nature – only a verbal notice is required, although to avoid any doubt, it is best to obtain an incident report from your employer regarding the injury. If your employer does not utilize incident reports and fails to acknowledge the injury,…Read More

The New Jersey Workers’ Compensation Act provides that an employer must provide all medical treatment necessary to “cure and relieve” the effects of a work injury. The employer or its insurance carrier must pay 100% of the medical bills, with no co-payment or deductible owed by the injured worker. Can You Be Treated by Your Own Doctor? The insurance carrier has the right to assign a specific physician to treat the work injury. While you may request authorization to be treated by your own doctor, most insurance carriers will not permit ongoing treatment by a personal physician. Some carriers provide injured workers with a list of “network” physicians who are authorized to provide treatment, while others direct treatment to a…Read More

The New Jersey Workers’ Compensation Act provides that temporary disability benefits equaling 70% of the employee’s gross average weekly wages (up to the state maximum rate) shall be paid if the employee is unable to work as a result of a work accident, until he has reached maximum medical improvement from treatment. How Long After a Workers’ Compensation Claim Is Filed Will an Employee Begin Receiving Wage Replacement for Time Out of Work? Temporary disability benefits are payable when the employee is out of work for seven consecutive days, although it often takes longer for the insurance carrier to actually administer the benefits. In other words, if you are sent back to work by your doctor in less than a…Read More

Both the temporary disability and unemployment programs provide “lost wage” benefits, but for very different reasons. You are generally qualified to receive temporary disability benefits if the authorized physician indicates that you are medically unable to return to work and are receiving active medical treatment. By contrast, you are only eligible for unemployment benefits if you were terminated from your job and you are ready, willing, and able to work. In addition, you must have worked within the last two years to qualify for unemployment benefits. Accordingly, unemployment is not an option for the long-term disabled, who should apply for social security disability. What Happens If I Return to Work but I Am Fired Because I Am Physically Unable to…Read More

What is a Fair Settlement Value for My Permanent Partial Disability Claim? Most claims for partial permanent disability benefits settle somewhere between the estimates provided by the competing medical experts. The dollar value of the claim will depend on several factors, including: Your average weekly wage at the time of the accident. The amount of lost time from work. The results of objective medical testing. The nature and amount of treatment provided, and whether that treatment was authorized through workers’ compensation. Any permanent work restrictions as a result of the accident, which prevent you from continuing in the same line of work, or require your employer to provide you with ongoing accommodations to do your job. Your level of impairment…Read More

Injured workers who are totally disabled as a result of a work injury in New Jersey certainly do not live out the remainder of their lives in the lap of luxury. Their weekly benefits are capped at 70% of the average wages they were being paid at the time of the accident, with no cost of living increases. Unfortunately, many total disability claimants live in poverty, even though their benefits continue past the date of usual retirement, until death. So if you are able to return to work in any capacity after your injury, it may be preferable to accept a partial total award rather than fighting to be declared totally disabled. Under What Circumstances Would An Injured Worker Be…Read More

Your attorney cannot begin the process of negotiating a settlement of your claim until the reports of all of the medical experts who performed permanency evaluations have been received. Thereafter, your attorney and the attorney for the insurance carrier will begin to discuss the nature and extent of your injuries. What Occurs During a “Pre-Trial Conference,” And Do I Need to Appear in Court for It? Once all of the expert reports have been received, your attorney will attend a “pre-trial conference” in the Workers’ Compensation Court with the insurance carrier’s attorney. You should not appear in Court unless instructed to do so by your attorney. The conferences are usually held in the chambers of the Judge of Compensation. Only…Read More

You will be disappointed if you expect to see the level of courtroom drama depicted on the big screen in the Division of Workers’ Compensation. While there are always a few moments during any trial which include a surprise question or unanticipated answer, explosive testimony is rare in the Division. How Is the Value of My Claim Effected by The Judge of Compensation Who Is Assigned to Hear My Case? Unlike a Superior Court case in New Jersey, which would be decided by a jury of 6-12 people, workers’ compensation cases involve a “bench trial,” in which the Judge of Compensation decides both questions of fact and law. All judges are appointed by the Governor, often based on political ties…Read More

Settlements or judgments entered in the Division of Workers’ Compensation may include the right to “reopen” the claim, depending upon the type of award. As explained in Chapter 10, only a lump sum settlement under “section 20” of the Workers’ Compensation Act is final and cannot be revived to obtain additional benefits. If you received a workers’ compensation award in the past and cannot recall whether it included a right to reopen, you should contact your attorney or look at the Court Order you received at the time of settlement. If the paperwork you received at the settlement hearing is entitled “Order Approving Settlement with Dismissal NJSA 34:15-20,” then you cannot reopen your case to receive additional medical treatment or…Read More

Page 1 of 4:1234»