Workers’ Compensation
All Essential Workers Now Deemed “Eligible” for Workers’ Compensation Benefits Under New Legislation
Posted in Workers' Compensation
On September 14, 2020, New Jersey Governor Murphy signed important legislation that benefits all workers who contracted COVID-19 while working through the current pandemic. The legislation creates the presumption that the contracted illness is “work related.” Before this legislation was signed, only “public safety workers” such as police, fire, EMT,… Continue reading
Workers’ Compensation During COVID-19
Posted in Workers' Compensation
During these trying times of the COVID-19 pandemic, most Americans are doing all they can to stay healthy and “flatten the curve” in order to return to their normal lives. Many worry about their own well-being, along with their family’s, – both physically and financially, as scores of people have… Continue reading
Medical Treatment Issues in Workers’ Compensation Cases
Posted in Workers' Compensation
Benson v. Coca Cola Co. is a workers’ compensation case decided in 1972 that is still good law today. This case stands for the proposition that if there is no demand upon the Employer to provide treatment, there is no liability for payment of same, unless the request by injured… Continue reading
Medicaid Liens and Workers’ Comp
Posted in Medicare, Workers' Compensation
In today’s economic climate many people do not have or cannot afford health insurance through their employer. In situations such as this, it is very often the case that the individual is covered by a state program involving Medicaid. Medicaid is need-based, and in reality, it is a federal program… Continue reading
Medical Records, Privacy Rights and Workers’ Compensation Claims
Posted in Injury Law, Workers' Compensation
As an attorney located in New Jersey representing injured workers, I struggle with the ethical dilemma of balancing my client’s right to privacy and the workers’ compensation carrier’s right to obtain medical discovery. The injured worker’s right to confidentiality in medical treatment records is waived in part when they make… Continue reading
The “Premises Rule” in Workers’ Compensation
Posted in Workers' Compensation
A recent potential client called our office wondering why the workers’ compensation carrier for her employer had denied her claim for workers’ compensation benefits on the basis that she had already left her place of employment when she slipped and fell on ice. She had clocked out for the day, walked out the front door of work, and was still on the walkway out to the parking lot when she fell. Continue reading
Worker’s Compensation Penalties: What Are They?
Posted in Workers' Compensation
Under Pennsylvania Workers’ Compensation Law, employers and insurers can be subject to monetary penalties. The Law provides that the Court has the power to impose penalties for a violation of any provision of the Workers’ Compensation Act, Rules and Regulations. Employers and insurers may be penalized up to ten percent (10%) of an amount awarded, plus interest. This penalty may be increased to fifty percent (50%) in cases of unreasonable or excessive delays. Continue reading
What is an IME and What is it Used for in New Jersey Workers’ Compensation?
Posted in Workers' Compensation
An IME is an Independent Medical Evaluation, which can occur during treatment or more routinely at the conclusion of all treatment related to the work accident. Continue reading
The Supreme Court Has Now Ruled On Suing a Workers’ Compensation Carrier For “Bad Faith”
Posted in Workers' Compensation
In the recent case of Stancil v. ACE USA, the Supreme Court of New Jersey considered whether an injured employee may sue his employer’s workers compensation carrier for pain and suffering caused by the insurance carrier’s wifull delay in paying for medical treatment. Unfortunately the Supreme Court’s answer was “NO.” Continue reading
Can a Worker Collect Temporary Disability Insurance (TDI) Benefits if He/She is Injured on the Job?
Posted in Injury Law, Workers' Compensation
If you have a work-related disability, and your employer’s workers’ compensation carrier denies you benefits or stops paying your workers’ compensation benefits, you may be eligible for temporary disability benefits. Continue reading
