Can I Sue if I Was Attacked By a Dog in New Jersey?
Being injured on the job can be a painful and frustrating experience. If you’ve been hurt at work, you need a law firm that can back you up and support your immediate and long-term needs. The experienced team of Union County workers’ compensation lawyers here at The Mark Law Firm skillfully and effectively helps workers across New Jersey handle all kinds of workers’ compensation matters. Contact us for a free initial consultation today.
We fight for our clients to recover fair compensation for workplace injuries.
If you have been injured on the job or developed a work-related injury or illness, you may have questions about workers’ compensation, such as:
Our experienced workers’ compensation lawyers can help you understand the workers’ compensation process and help you secure the benefits you deserve for your work-related injury.
Workers’ compensation is a type of insurance coverage that New Jersey law requires most employers to provide for their workers. Only employees are entitled to workers’ compensation; Independent contractors do not receive these benefits unless they purchase their own independent insurance policy.
Some employers try to classify workers who should be considered employees as independent contractors to avoid paying benefits like workers’ compensation. This is illegal, and our experienced workers’ compensation lawyers may be able to help you determine whether you may be misclassified and entitled to benefits.
Like other kinds of insurance policies, the policyholder (your employer) pays a set amount (the “premium”) for a specific amount of coverage (compensation paid in the case of a claim). Your employer’s premium depends on many factors, including the type of business activity engaged in, the company’s history of prior accidents and workers’ comp claims, and the total amount of payroll.
Generally, higher-risk industries have higher insurance premiums. This makes sense since it’s more likely an insurance company will have to pay substantial amounts on claims involving physical injuries to workers at a manufacturing facility or construction site, versus office and retail workers.
If an employee suffers a work-related injury or illness, the employer’s insurance carrier is responsible for paying the medical expenses covered by the policy and paying any appropriate compensation for wage loss and disability that is due to the injured worker.
Many workers feel guilty pursuing workers’ compensation claims because they worry that their employer will be directly liable for paying their medical bills and lost wages. This is not the case. While a claim may affect an employer’s future premiums, the employer’s insurance carrier pays the amounts involved in the actual claims.
Workers’ compensation provides benefits to workers who are injured in specific work-related incidents, who sustain work-related occupational injuries or diseases (like hearing loss, asbestos-related disease, repetitive motion injuries, etc.), or who are killed on the job.
Generally, who is “at fault” for your injuries or illness is not a factor in determining whether you are eligible for workers’ compensation benefits. Under the NJ Workers’ Compensation Act, you are eligible for workers’ comp benefits as long as the injury was “sustained in the scope of your employment.” Although this sounds simple, today’s modern workplace sometimes makes it difficult to determine whether an employee is “on the clock” for purposes of liability or workers’ compensation recovery. An experienced workers’ compensation attorney can help sort out the facts of your case and help you determine whether you may be eligible for workers’ compensation benefits or, if not, whether you may be entitled to pursue a personal injury claim.
Workers may receive a few different kinds of benefits from the workers’ compensation system. These include
Unfortunately, workers’ compensation does not provide any compensation for pain and suffering. If you are eligible for workers’ compensation benefits, you are (in most circumstances) barred from making any additional claims or filing a lawsuit for your personal injuries. Depending on the circumstances, however, there may be one or more third parties who could be legally responsible for your injury (manufacturers of dangerous substances found in your workplace that contributed to your disease, for example). An experienced workers’ compensation attorney can help you evaluate all of your recovery options and pursue the compensation you deserve.
For many reasons, workers who are injured on the job are frequently denied the workers’ compensation benefits they deserve. Workers’ compensation insurers, like all insurance companies, have attorneys working hard on their behalf to minimize their financial obligations. The workers’ compensation system can involve confusing paperwork, deadlines, and administrative requirements. Our workers’ compensation lawyers can help you understand your rights and responsibilities, advocate for the compensation you deserve, and ensure that you properly file and follow up on all of the required paperwork and supporting documents for your claim.
If you have been denied workers’ compensation benefits for a work-related injury, if your benefits have been terminated, or if an insurer is seeking repayment for benefits it has already paid, you need an attorney.
A workers’ compensation lawyer can help you work out a settlement with your employer’s workers’ comp carrier, challenge a denial of coverage, or pursue a lawsuit for your claims. If litigation is appropriate, our experienced workers’ compensation lawyers will help you every step of the way, including filing a Claim Petition, prepare for hearings, undergoing an independent medical examination (IME), testifying in an examination under oath (EUO), evaluating and obtaining medical and expert testimony, participating in mediation or arbitration, and filing an appeal of the Workers’ Compensation Board’s decision if necessary.
Our workers’ compensation lawyers are ready to speak with you about the many topics that can arise during a workers’ compensation case, such as:
In workers’ compensation cases, employees have rights to certain types of discovery, typically including interrogatories, medical records or documents, and medical exams.
Interrogatories, or written questions, are usually permitted for cases of occupational injuries or matters in which a workers’ compensation claim has been reopened. Other types of interrogatories can also be requested when there is a question of a prior injury.
Documents are usually demanded by the petitioner in order to obtain medical records from the respondent, or employer. The medical records demanded usually pertain to the employee’s treatment by the employer’s doctors. However, the employer may also be entitled to medical documents from the employee. The employer may have the right to demand documents, for example, when the injured employee has received medical treatment from a doctor outside the insurance company or has prior medical records that are unrelated to the present injury but refer to the same injured body part.
The Mark Law Firm’s experienced lawyers are here to help you throughout your workers’ compensation claim. Our workers’ compensation lawyers can guide you through this often confusing and daunting process.
Typically, a workers’ compensation claim will result in a settlement. Once your matter has been set for a final hearing, The Mark Law Firm will review the expert reports from both the respondent and the petitioner, speak with you about the value of your injury, and make a recommendation as to the settlement amount.
Once the employer and the employee agree on a monetary settlement, the parties will then proceed before the court for the settlement hearing. At the hearing, the parties stipulate the facts of the case, including the amount of the settlement, and a workers’ compensation judge must approve the settlement.
A settlement may be in the form of an order approving settlement or an order approving settlement with dismissal. These are two very important, yet very different forms of settlement.
If you have been injured on the job, you may be wondering about the timeline of your case and what is involved with the hearing procedures in NJ.
The process that ensues can be confusing. While the answer varies on a case-by-case basis, benefits for medical treatment may be available immediately. Other benefits, such as temporary disability payments to cover lost wages, will not become available until your claim has been approved by a claims examiner. The workers’ compensation laws can be burdensome and take a while to resolve; here’s what you can expect:
The workers’ compensation statute requires all employees to wait 26 weeks before filing a claim petition with the Department of Labor. This means that after you have undergone therapy and treatment for pain management, you must wait 26 weeks after you receive a letter from your employer or the treating physician indicating that you are at your maximum medical improvement (MMI) before filing a claim.
After you have been fully released from medical care, a final doctor’s examination will need to be scheduled; these medical records are important to help us evaluate your case. Once we review the evaluation, your case will be ready for a trial hearing or discussing a settlement amount. After the individual is released from medical treatment, workers’ compensation cases are completed within an average of nine months.
When the employer and the employee agree on a monetary settlement, the parties will then proceed before the court for the settlement hearing. However, if a settlement cannot be reached on that date, the matter will be adjourned for the appropriate number of cycles.
While most claims do not go to trial, those that do are listed on a three-week cycle. Trials can therefore be spread out over a long period of time. While appellate courts have disapproved this procedure, many trials continue to be handled in this way, with one or two witnesses each cycle.
Cases are adjourned a number of cycles (one cycle = three weeks; two cycles = six weeks, etc.) until all remaining witnesses complete testifying. The court date will be assigned by the Division of Workers’ Compensation – our office has no control over the scheduling of hearings.
Cases may be closed by one of the following four ways:
Although every case is different, approximately twice as many cases settle under orders approving settlement in NJ as under Section 20 settlements.
In order to timely file a workers’ compensation claim, an employee must submit the petition to the Department of Labor within two years of the date of injury. If an employee misses the two-year limitation, very few exceptions allow a later filing. It is important, therefore, for an injured employee to be proactive in seeking legal assistance with any workers’ compensation claim.
The Mark Law Firm has an experienced team to assist you when you’re not receiving the treatment and therapy that you require.
There are several motions that can be filed on your behalf to obtain the fair treatment you need
You may file a workers’ compensation claim petition after you have received treatment and your employer’s doctor has declared that you have reached maximum medical improvement (“MMI”).
Typically, you will receive some kind of correspondence from either the doctor or the insurance company advising you that you have reached MMI. The Mark Law Firm’s experienced team will help you understand when and how to file your claim petition with the Department of Labor.
So, what is MMI? Maximum medical improvement does not mean that you are cured or that you will ever be the way you were before the injury. Simply put, MMI means that you will no longer be given any medical treatment because it will not continue to improve your condition. The workers’ compensation statute requires only that medical treatment be provided to a point at which treatment will not take you any further in your recovery.
Once you have reached your MMI, your therapy treatment, pain management, medication, and/or surgery options will cease, but you will be able to proceed with your claim petition and seek monetary compensation for your injury.
If you suffer an on-the-job injury or work-related illness in New Jersey, you may be wondering whether you can sue your employer for your injury or illness.
In many cases, your recovery rights may be limited based on New Jersey workers’ compensation laws. In New Jersey, an employee normally cannot sue the employer for a work-related injury and must instead make use of the workers’ compensation system.
In most situations, as long as an employee shows that an injury occurred on the job, reports the injury, and requires medical treatment, he or she will be entitled to workers’ compensation benefits, even if the injury was caused by the employee’s own negligence. Although workers’ compensation laws allow you to recover for medical expenses and lost wages, this may not always be enough to make you feel “whole” again following a work-related injury. You may also want to sue your employer, particularly if your injury was directly your employer’s fault.
In New Jersey, there are certain limited situations in which you may be able to sue your employer for an on-the-job injury. For instance, if you can prove that your employer acted or directed you to act with the deliberate intent to harm or injure you, you may be allowed to sue your employer. In the case of Millison v. E.I. duPont de Nemours & Co., 101 N.J. 161 (1985), the New Jersey Supreme Court held that an employee who demonstrates that his or her employer acted in a way that was certain to cause harm and that the context of the injury is beyond what the workers’ compensation system was intended to cover, then he or she can sue the employer for additional damages including medical expenses, pain and suffering, and even punitive damages.
Although the situations in which the court is likely to find that an employer did, in fact, cause intentional harm are limited, it is possible to sue your employer if your employer intentionally hurt you. Situations in which this remedy may be available include, for instance, when an employer willfully violates an OSHA regulation that leads to an employee’s injury or when an employer directs or coerces the employee to use a piece of work equipment while the equipment is clearly in a dangerous state of disrepair.
Regardless of whether or not the right to sue is available, it is important that you understand how you may recover for an on-the-job injury. Because employment and personal injury laws can be complex, expert legal advice from an experienced attorney is a valuable tool. A lawyer who understands the law can explain your rights to you and help you identify what remedies may be available and what you may be able to recover following a work-related injury. Even if you do not have the right to sue, you may be able to recover for medical expenses and lost wages under the New Jersey workers’ compensation laws, and our lawyers can help guide you through this process and increase your likelihood of success.
Telecommuting. Telework. Flexible workplace. Remote work. Virtual work. Mobile work. Regardless of what you call it, all of these terms refer to work done outside of the traditional on-site work environment. And with so many more businesses offering remote work options, questions regarding workers’ compensation for telecommuting injuries have also increased.
Telecommuting allows an employee to work remotely (away from the business facility) at a location such as home. Advances in communications devices and computer networking systems have made telecommuting so popular recently. In fact, the American Community Survey (ACS) found that the number of people telecommuting rose 79 percent between 2005 and 2012, and now accounts for nearly 37 percent of the U.S. workforce. According to the Bureau of Labor Statistics report, most telecommuters belong to one of four major occupational groups, including: professional specialists, executives, administrative staffers, and managers.
Because of the major transformations happening today, the modern workplace has expanded to cover much more territory than just the office. Therefore, many laws, which were originally developed for the traditional work environment, have to be analyzed from a whole new perspective.
So, what happens if you get hurt while working from home? Can you receive workers’ compensation for telecommuting injuries?
The laws governing telecommuters are similar to those covering employees working in a more traditional environment. If an injury and/or illness arises “as a result of employment” or “in the course of employment” (AOE/COE), then the injury and/or illness is covered by workers’ compensation. If the injury and/or illness is not work-related, it is not covered. So, if an employee has been injured while in the course of their employment, whether on-site or at home, coverage for workers’ compensation may be available.
Virtual employees may experience telecommuting injuries similar to those in an office setting. For example, repetitive motion injuries, back injuries, and migraines can all occur in the remote office and may be compensable under workers’ comp.
New Jersey workers’ compensation laws allow employees who suffer work-related injuries to receive benefits to counteract the negative effects of their injuries.
Although workers’ compensation usually applies in traditional employment situations, it may not apply to all those who work. Below are some examples of common gray areas, or scenarios in which an injured person may not qualify.
New Jersey courts have held that an inmate or prisoner in a county prison is not an employee, even if he or she is performing labor at the time of the injury. Drake v. County of Essex, 192 N.J. Super. 177 (App. Div. 1983). The court went on to explain that the prisoner’s services were not performed within the constraints of a traditional employment relationship and that there was no basis to hire or fire the prisoner. As a result, inmates and prisoners are usually not able to receive workers’ compensation benefits.
Although an inmate or prisoner who is injured while working in prison may not be able to receive workers’ compensation benefits, there may be other remedies available, such as monetary damages. If you, a friend, or a family member was injured while working in prison, it is important that you understand your legal rights and contact an experienced attorney who not only can explain the law to you, but can also assist you in fighting for the rights and benefits to which you are entitled.
A lent or dual employee is a worker who has a regular employer but also has one or more other employers for which he works under an agreement between the second employer and the regular employer. In these cases, the second employer is often considered a “special” employer. Even if an employee is working for a special employer, New Jersey workers’ compensation laws will still likely cover on-the-job injuries. Volb v. G.E. Capital Corporation, 139 N.J. 110 (1995). Which company is responsible, however, can be more complicated. This determination may depend on the level of control the special employer had over the employee and the type of task the employee was performing at the time of injury. Regardless of which company’s work was involved in the injury, however, workers’ compensation laws apply.
Although a lent or dual employee is usually entitled to workers’ compensation benefits, other legal issues can affect the outcome of a case in instances where this type of employee has been injured while working. In some cases, both the regular employer and the special employer can be held liable for injuries suffered. Because of the legal complexities of these types of workers’ compensation cases, it is important that if you are injured while performing work as a lent or dual employee, you contact our experienced workers’ compensation lawyers as soon as possible. With the help of an experienced attorney, you will better understand your rights and be able to effectively fight for the benefits you deserve.
In New Jersey, there are several common situations in which an employee may be classified as a “seasonal employee.” These include someone who works at the beach during the summer, a person who works at a busy mall or department store during the holiday months, or a substitute teacher on a temporary contract during the school year.
In some instances, seasonal employees have different rights than regular employees. For instance, seasonal employees may not always be eligible to receive unemployment benefits in all cases. In workers’ compensation cases, however, seasonal employees are usually eligible to collect benefits in the event of an on-the-job injury. New Jersey courts have ruled in several instances that seasonal employees are generally entitled to receive workers’ compensation benefits and that a temporary seasonal employee can continue to collect workers’ compensation benefits during a period in which he or she would not have been working, as long as the employee can prove that he or she would have been earning a wage elsewhere. Outland v. Monmouth-Ocean Education Service Commission, No. A-48-97, 1998 WL 387263 (N.J. July 1, 1998).
If you’ve suffered a workplace injury, we want to help you recover. When you schedule a free consultation with our team, we’ll discuss your potential claims as well as what to expect during the legal process. Don’t wait—contact our workers’ compensation lawyers today.
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