November 15, 2012 By

New Jersey Workers’ Compensation Insurance Requirements

Any New Jersey employer not covered by a federal program must carry workers’ compensation insurance for its workers or be approved for and carry self-insurance. Failure to insure your workers can result in a disorderly person’s offense in the state of New Jersey.
If a corporation, LLC or partnership, or sole proprietorship is found to have willfully or knowingly denied workers compensation, the corporate officers, partners, or owner could be charged with a fourth degree crime, which carries a fine up to $5000 for the first ten days of failure to insure. This fine continues with each 10-day time period that the organization failed to insure.

Rules for Workers Compensation Insurance

Corporations. All corporations must carry workers’ compensation insurance or obtain approval for self-insurance if there are one or more people working for the company for pay. This includes corporate officers.

LLCs and Partnerships. LLCs and partnerships must carry work comp insurance or approved self-insurance so long as one or more people, not including partners or LLC members, work for the organization.

Sole Proprietors. All sole proprietors must have workers compensation or be approved for self-insurance so long as one or more people, not including the primary owner, work for the company for pay.

Consequences When Injury Occurs and There Is No Insurance

In New Jersey, if a worker is injured or dies in a work-related injury the employer will be liable for all medical costs, disability benefits and other types of related benefits. These types of liabilities are not dischargeable in bankruptcy, either.
The Office of Special Compensation Funds regularly employs a number of strategies, including cross-matching databases, to identify non-compliant employers.

Do you have questions about your work comp coverage?

Discuss your concerns with an experienced workers compensation attorney at the law office of Taylor and Boguski, in Mount Laurel, New Jersey. Please call 800-404-5299 or 856-234-2233 or contact us online.  

Filed Under: Work - Related Injury, Workers Compensation Tagged With:
October 10, 2012 By

Construction Vehicle Accidents and Personal Injury – New Jersey

An average of 1000 construction workers die in accidents on construction sites each year. A full 15% of workers’ compensation costs are related to workers injured on construction sites. Construction vehicle accidents play a significant role in some of the most deadly of accidents on construction sites and on southern New Jersey roads.

Preventable Construction Vehicle Accidents

Sadly, a great percentage of construction vehicle accidents and ensuing injuries are preventable if safety rules are followed. Minor mistakes or carelessness can lead to serious accidents and injures such as:

  • A worker started walking between a backhoe’s swinging bucket and a concrete wall. The worker was approaching the area from the backhoe operator’s blindside. The backhoe operator did not see the worker and the big metal bucket struck the worker, crushing him against the cement wall.

    Had the employees been trained in minimal safety work procedures or had the area been fenced off as hazardous, the tragic construction accident would never have happened.
  • A bulldozer operator was driving at the top of a slope. The dozer started to slide sideways down the slope, which was ice-covered. It tipped over and pinned the driver under its roll bars. The driver had not been wearing a seat belt. The seatbelt may have prevented him from getting pinned.
  • A driver of a tractor was driving up a loading trailer. The driver had not centered the tractor and the wheels started sliding off the side and the tractor began tipping over. The driver jumped out, but the rollover structure that was supposed to protect him crushed him instead. Again, had the time been taken to center the tractor before attempting to drive up onto the lowboy trailer, tragedy may have been prevented.

Injured in a Construction Vehicle Accident? Speak With Experienced NJ Work Comp and Personal Injury Attorney

At the law office of Taylor and Boguski, we fight for the rights of the injured and those who have lost loved ones in construction vehicle crashes, work accidents, and other types of accidents. To discuss your concerns and learn how we can help, schedule a free, private consultation with an attorney in Mount Laurel, New Jersey, office today. Please call 800-404-5299 or 856-234-2233 or contact us online.

Filed Under: Car Accident Attorneys, Construction Accidents, Work - Related Injury, Workers Compensation Tagged With: , ,
August 24, 2012 By

Seeking Worker’s Compensation for an Occupational Disease

Under the laws of the state of New Jersey, if you are injured on the job, and you are not an exempt employee, you must seek financial recovery for any losses through the state’s workers’ compensation system. An injury need not, however, be the result of a single traumatic event, such as a fall or the malfunction of machinery. You can seek compensation for any illness that arises because of your job or occupation. This blog post addresses the subject of occupational illness, identifying those circumstances where you have a right to file a workers’ compensation claim for a disease.

In occupational disease claims, it is typical that individuals working in the same area, exposed to the same conditions, will show symptoms of the same illness or disease. Under the laws of most states, there is a presumption that a disease is caused by conditions at work, and the burden of proof is on the employer to show otherwise.

Types of Occupational Disease Claims

The most common types of occupational diseases leading to workers’ compensation claims are lung and skin related conditions. Lung disease may result from exposure to particles in the air, whether inside or outside. In many occupations, where workers have been exposed to asbestos, workers’ compensation claims for asbestosis have been frequent. Black lung, silicosis and occupational asthma claims are also common in industrial workers.

Many modern work sites involve the use of chemicals and chemical compounds. Accordingly, certain occupations, such as hairdressing, golf course maintenance, printing and motor vehicle repair, involve regular concerns about skin or other diseases.

Other diseases that can be covered under state workers’ compensation laws include:

  • HIV or AIDS among medical workers exposed to the virus
  • Allergic reactions
  • Heart conditions or heart attacks resulting from stress or other conditions

With an occupational disease, if you had a condition prior to your employment that is aggravated by the work you do, you will typically be unable to recover workers’ compensation. For example, if you had a skin condition when you started your employment, and the work you are currently doing is aggravating that condition, you will not be able to recover workers’ compensation benefits if you can’t work.

Contact the Law Office of Taylor & Boguski

To schedule a free initial consultation with experienced New Jersey family law attorneys, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

Filed Under: Construction Accidents, Personal Injury, Work - Related Injury, Workers Compensation Tagged With: , ,
July 24, 2012 By Leave a Comment

Workers’ Compensation—Different Types of Petitions

If you have been hurt at work in New Jersey, you will most likely be required to seek monetary recovery for any losses through the state’s workers’ compensation system. The process can be complex and confusing, though. This blog post identifies the different types of petitions that can be filed during the course of an application for workers’ compensation benefits.

An Informal Claim Petition

If you are involved in a dispute with your employer regarding compensation for a work-related injury, you can file a petition or application for an informal hearing. This hearing will be scheduled before a judge of compensation. The hearing with the compensation judge is designed to help you avoid litigation regarding your right to compensation, as litigation will typically be a more involved and time-consuming process. A wide range of issues can be addressed at an informal hearing, from the permanency of benefits to the amount of temporary benefits, as well as payment for any medical treatment.

Just because you file an informal claim petition does not mean that you cannot later file a formal petition. Any statements or offers you make during the course of the informal hearing will not be binding in subsequent proceedings. You can secure legal counsel to represent you in an informal hearing, but it is not required. If you do retain legal counsel, you will be responsible for paying your own legal fees.

A Formal Claim Petition

You can also file a formal claim petition with the New Jersey Workers’ Compensation Division. This must be done within two years of your injury. Your case will typically be assigned to a district office of the Workers’ Compensation Division in which you live, or where the employer is located. In most instances, your first hearing will be within six months of the filing of your petition.

When you file a formal claim petition, you can also file a motion for medical and/or temporary benefits. This will allow you to receive some compensation while your claim is being resolved.

Occupational Injury Petitions

Though most workers’ compensation claims are based on traumatic accidents, where you suffered an injury because of a specific event, you can also seek benefits for a work-related illness, known as an occupational disease. An occupational disease can include a repetitive stress injury, or it can stem from exposure to chemicals or other substances, leading to cancer, heart disease or other malady.

Contact the Law Office of Taylor & Boguski

To schedule a free initial consultation with experienced New Jersey family law attorneys, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

Filed Under: Construction Accidents, Personal Injury, Work - Related Injury, Workers Compensation Tagged With: , , ,
June 22, 2012 By

The Difference between Permanent Partial Disability, Permanent Total Disability, and Temporary Total Disability

If you have been injured on the job in New Jersey, you may pursue benefits for your injuries through the state’s workers’ compensation system. Under state law, recovery for injuries caused by the negligence or wrongful act of your employer or a co-employee is limited to benefits available through a workers’ compensation claim. If, however, you are hurt because of the careless act of a third party, such as the driver of a vehicle, or the manufacturer of dangerous or defective equipment, you may be able to seek damages in a personal injury lawsuit as well as pursue a workers’ compensation claim.

The workers’ compensation statutes are set up to pay benefits based on the type of injury. Benefits can be temporary or permanent, and the disability caused by your injury can be partial, preventing you from performing specific tasks; or it can be total, making it impossible for you to work at all. If any injury prevents you from working temporarily you may be eligible for temporary total disability benefits. After you have been determined to have reached maximum medical improvement (MMI) for the injury you may be eligible for a permanent partial or permanent total disability award.

What Is Permanent Partial Disability?

The most frequent type of workers’ compensation claim is one for a permanent partial disability (PPD). The injury is considered to be permanent when it is determined that you will never fully recover from it. It is considered to be partial when it prevents you from conducting all tasks required of your job, or from working at full capacity. Such an injury can result from a traumatic accident, or from an occupational illness.

There are a wide range of injuries and illnesses that will qualify you for PPD benefits. Some common work related permanent partial disability injuries are:

  • Back injuries
  • Permanent loss of vision or hearing
  • Shoulder, hip, knee, elbow or other joint injury
  • Amputation or loss of limb
  • Repetitive stress syndrome

The amount of benefits you can receive in a PPD claim is typically based on the degree to which you injury limits your ability to work, know as your disability rating.

What Is Permanent Total Disability?

If the work related injury renders you totally permanently disabled you may be eligible for permanent total disability (PTD). In order to receive PTD benefits a person must be totally disabled and unable to return to gainful employment.

If you are totally disabled as a result of a work related accident you may be eligible for benefits for the remainder of your life.

What Is Temporary Total Disability?

You can seek temporary total disability (TTD) benefits when you are either temporarily unable to return to work because of an injury or illness, or your doctor authorizes you to return to lighter duty work, but your employer has no such work for you. Typically, you are entitled to TTD benefits until you have physically recovered and are able to return to work full time, or your employer is able to put you back to work at doctor-approved tasks.

Examples of injury or illness that can make you eligible for TTD include:

  • Broken bones that make it impossible to work
  • Sprains, strains or muscle pulls, particularly in your back or knees

To schedule a free initial consultation, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

Filed Under: Construction Accidents, Work - Related Injury, Workers Compensation Tagged With: , , , , , , , ,
May 22, 2012 By

Permanent Partial Disability vs. Temporary Total Disability

New Jersey Workers’ Compensation law provides, in some areas, clear and concrete guidelines for work-related injury awards. Loss of a middle finger below the first joint, for example, is compensated with an award equal to 25 weeks pay. On the other hand, determination of disability, permanent or temporary, partial or total, depends on subjective evaluations of the employee’s ability to perform work.

How a judge determines permanent partial disability

Permanent partial disability is defined in the Workers’ Compensation statutes as permanent impairment. Criteria considered in determining disability include a reduced ability to work in light of age, training, and experience. The injured employee will be examined by two doctors, one presumably favoring the employer, and one the employee. The case will then be heard by a Judge of Compensation, who will listen to the employee’s description of the effect the injury has had on his or her life. It is recommended that the employee be represented by a workers’ compensation attorney at that hearing.

In a 9-11 World Trade Center case, Judge Ferriaro determined that David Handshuh’s permanent orthopedic pulmonary, neurological, and neurosychiatric injuries equaled 60% of total disability. She did so after listening to testimony of numerous doctors. Her decision referred to “the usual disparity in the estimates of permanent disability offered by the doctors,” commented that she was not bound by those estimates, and stated that she found Handshuh’s doctors to be more persuasive and credible. (Handschuh v. New York Daily News)

A determination of temporary total disability

There is common confusion, even among medical professionals, between the terms impairment and disability. Medically, impairment (altered health status) does not necessarily result in a disability (inability to perform actions previously possible). Social Security and Workers’ Compensation guidelines have more specific, work-related definitions.

Under New Jersey Workers’ Compensation law, disability is in part defined by the person’s reduced wage-earning capacity. Temporary total disability benefits are wage compensation paid until an injured employee is able to return to work. It is calculated at 70% of the weekly wage received at the time of the injury, not to total more than 75% of the average or less than 20% of the average. Temporary disability exists until the worker is as far restored as possible (in other words, has reached maximum medical improvement), whether or not the worker is able to return to work. It can be paid up to 400 weeks. The patient’s doctor determines when the patient has reached that endpoint in recovery, or is able to return to work.

An injured worker who feels the doctor has erred in determining the patient’s ability to return to work or endpoint in recovery can file a claim with the New Jersey Department of Labor and Workforce Development. The claims process is challenging and the outcome can critically affect the worker’s quality of life. For that reason, the worker is advised to retain a workers’ compensation lawyer. The attorney will charge no fees until the matter is concluded, when the judge will determine the amount of the legal fees.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

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April 22, 2012 By

FELA vs. Workers’ Compensation

Workers in most industries are insured for work-related injuries under state workers’ compensation laws. Railroad workers, however, are covered by the Federal Employers’ Liability Act (FELA). Both systems were established as progressive measures to compensate workers for on-the-job injuries and work-related illnesses, and to promote safety measures on the part of employers. FELA was passed by Congress in 1907. In 1911, New Jersey was one of twelve states to pass workers’ compensation legislation (at that time referred to as workman’s compensation). Beyond the industries affected, distinctions between the programs include the bases for claims, the role of fault in determining an award, the court where the case is handled, types of damages, and the contemporary philosophy underlying the legislation.

The basis for a claim: FELA requires a railroad worker to prove an on-the-job injury was, at least in part, the result of negligence on the part of the railroad (or a railroad employee, agent, or contractor). In contrast, New Jersey Workers’ Compensation law, like that in other states, does not require proof of negligence, and requires an employer to compensate a worker for any work-related injury or occupational illness.

The role of negligence in a claim: Workers’ comp does not require any evidence of negligence on the part of the employer, and negligence on the part of the employee will not reduce the amount of the claim. FELA observes the doctrine of contributory negligence, a fault-sharing system where an employee partially responsible for his or her on-the-job injury will receive an award reduced in proportion to that responsibility. Determining the percentage of fault in a FELA case is highly subjective; as a result the decision of a court used to the traditional personal injury system may be hard to predict.

Where the claim is tried: An injured railway work may file a FELA claim in a New Jersey State or Federal court, and is entitled to a jury trial. A worker injured in another industry will file a claim with the employer’s workers’ compensation insurance company. In the event of a dispute, the worker may file a claim petition or application for an informal hearing with the New Jersey Division of Workers’ Compensation. The case will then be assigned to a state judge and district based on the county where the worker lives or is employed.

Types of damages available: Both FELA and workers’ comp claims provide damages for past and future wage loss and medical treatment. FELA provides damages for pain, suffering, and emotional distress; workers’ compensation does not. Each plan provides some compensation for permanent partial or total disability, and workers’ compensation has a payment schedule to compensate for the loss of use of a limb, hearing, vision, or other function. The way damages are calculated differs significantly between the plans.

Why two systems? The railroad industry has repeatedly lobbied Congress to repeal FELA or replace it with a system similar to workers’ compensation; Congress has resisted. Supporters of FELA cite it as more than a railroad workers’ compensation plan, providing critical encouragement to the railroads to curb unsafe practices and improve dangerous work environments.

In the event of a work-related accidents

The railroads and other employers will attempt to minimize costs resulting from an on-the-job accident or work-related illness. Supervisors are trained to immediately collect information and evidence to support the employer’s defense against any claim for damages. To preserve the right to FELA or workers’ compensation benefits, an injured worker should report the accident or illness, but not make any statement until after consulting with a workers’ compensation or FELA lawyer or with a union representative. The worker should immediately record the names and contact information of any witnesses, and write out a private record of any events surrounding the accident.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

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April 22, 2012 By

Choosing a Doctor & Getting Medical Treatment

You have been hurt on the job, or are showing symptoms of an occupational illness. Your first responsibility was to notify your employer of the accident or injury. Next, you need to submit a request to your employer to get medical treatment. Under New Jersey Workers’ Compensation law, your employer or your employer’s insurance company can select the health-care provider to treat your work-related injury or condition. Some employers will agree to let you see your own doctor or chiropractor. Be sure to have that written permission with you before visiting your own clinic.

You will not have to pay any co-pay or deductible—the entire cost of treatment, including physical therapy, chiropractic treatments, doctor’s visits and other expenses, is covered. The doctor chosen by your employer will typically be under contract with your employer’s insurance company. Unfortunately, some of those providers take advantage of the relationship and do not provide the customer service, quality of diagnostics, and referrals to specialists you would find at your regular clinic.

If you are not happy with the workers’ comp doctor

Your employer does have the right to choose your doctor. However, if that means you are not receiving reasonable and necessary treatment that will cure you, relieve pain, or restore function, you have options. DO NOT go to your regular clinic and try to use your regular health insurance—treatment for a work-related injury is probably excluded from the policy.

You can file a claim in Workers’ Compensation Court, a Motion for Medical and/or Temporary Disability Benefits. Your motion will be scheduled to be heard by a judge within 30 days of filing. The judge can order the insurance company to pay for the treatment, diagnostic studies, or an evaluation by a specialist. If a doctor provides a statement that you need medical care before the hearing, and that a delay will result in irreparable harm, you can file a Motion for Emergent Medical Care.

Should you represent yourself in workers’ compensation court?

The claim process is complex and it is recommended that you retain a workers’ compensation attorney to represent you. Your lawyer will not charge a fee in a workers’ compensation case until the matter is ended, at which time the fee is determined by the judge. That fee will never be more than 20% of the award.

What is maximum medical benefit?

The workers’ compensation authorized doctor will eventually declare you have reached “maximum medical benefit” and should return to work. You may not have completely recovered from your injury and still experience pain and other symptoms, but if you have reached maximum medical improvement, you will not benefit from further medical treatment.

For more than a century, Workers’ Compensation Law has provided New Jersey workers with a no-fault insurance plan for on-the-job injuries and occupational diseases. The system may be challenging at times, but protects workers and forces employers to provide employees with care and compensation in the event of injuries.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

Filed Under: Work - Related Injury, Workers Compensation Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
March 14, 2012 By

Amputation Claims, Settlements and Awards

A woman crossing the street in Paterson New Jersey was struck by a bus. Her injuries required amputation of her left leg above the knee, and amputation of part of her right foot. New Jersey.com news reported that more than two years after she filed a claim, she reached a $7.7 million settlement with the transit agency.

A 24-year-old man entered the emergency room after the tip of his finger was severed in an accident. In a paper presented as part of the New Jersey Medical School Interesting Case Series, authors Hahn and Travato suggest that treatment options might vary depend on, among other things, the patient’s age.

The U.S. Consumer Product Safety Commission toddler chair was recalled after two cases of finger amputation or severe finger injury.

What is the value of an amputated leg, finger, or arm?

A person who loses a limb as the result of the negligence or intentional act of another is legally entitled to compensation. What wisdom do the courts and insurers employ to determine the value of a toddler’s finger or an athlete’s leg?

The first and foremost concern of an insurance company is keeping the award low. Typically, the insurer will offer a quick, simple settlement for an amputation injury. A victim is advised to consult with a personal injury attorney before speaking with insurance company representatives about the accident or any settlement. There will be no legal fees for a consultation. The lawyer, experienced in dealing with insurers, will handle the claim while the amputee deals with pain, recovery, and grief over the loss. An appropriate personal injury law firm will have a proven record of successful representation, and have the resources to arrange for investigations, medical and rehabilitation evaluations.

A broad range of factors may affect the outcome of an amputation claim. The judge, jury, or insurance adjuster awarding damages or negotiating the settlement will consider circumstances surrounding the accident, age of the victim, any permanent loss of function, cosmetic effects of the amputation, cost of future treatment, disability accommodations, and any other issues brought to light at trial or in negotiations. The quality of legal representation is critical—insurance companies have entire legal departments employed to contest claims.

A personal injury attorney will file claims for damages against all negligent parties. Causes of accidental amputation and related liability claims may include dangerous conditions on property (premises liability), defective toys, tools, auto parts and other manufactured products (product liability), doctors’ errors and hospital negligence (medical malpractice), construction accidents, and all types of motor vehicle accidents.

If the amputation was due to a work-related injury, the state of New Jersey Workers’ Compensation Law provides a schedule that outlines in specific detail compensation for loss of an eye, loss of the thumb to the first joint, loss of a tooth, amputation of a leg at the knee, and other amputations. Compensation is defined in terms of weeks of work.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

Filed Under: Work - Related Injury, Workers Compensation Tagged With: , , , , , , , , , , , , , , , , , , , , , ,
February 23, 2012 By

Workers’ Compensation: Keeping Your Benefits

If you suffered a work-related injury or illness, you are entitled to compensation and support. In New Jersey, workers’ compensation benefits include medical benefits, wage replacement, and permanent disability compensation. Wage replacement and disability compensation can be awarded as temporary total benefits, permanent partial benefits, or permanent total benefits. If you are the dependent of a worker who died on the job or as a result of employment, you are entitled to a death benefit. Workers’ compensation is a no-fault insurance program. Regardless of who was at fault for the injury or illness, the insurance must pay. In exchange for the benefits, the employee cannot bring a suit against the employer, for example, suing for pain and suffering, unless the employer’s act was intentional.

The system is not simple. Your employer may dispute your claim, in whole or part, arguing that the injury was not work-related, medical treatment was inappropriate or unnecessary, or temporary disability benefits are not justified. Keeping your benefits will require filing a claim petition or an application for an informal hearing with the New Jersey Division of Workers’ Compensation. You have the right to file the claim petition on your own, but the Division recommends you consult with a workers’ compensation attorney if you are involved in a dispute, filing a claim petition or filing an application for an informal hearing. An attorney cannot charge a fee to represent you in a workers’ compensation matter. The fee will be set by the judge assigned to your case. Attorney fees are normally limited to 20% of the amount awarded to you. An employer will generally be represented by a lawyer hired by the insurance company. A self-insured employer is required to hire counsel.

Threats to your workers’ compensation benefit payments

Aside from disputing the claim, your employer may use other strategies to attempt to stop your workers’ compensation benefits, including the following:

  • You may be offered an inappropriate work accommodation, a job for which you are under- or over-qualified. Your employer may attempt to stop your benefit payments when you refuse the position.
  • The employer’s insurance company may offer a lump sum settlement in place of weekly workers’ compensation payments, permanently limiting the total amount of your compensation.
  • Your employer may refuse to report your accident to the workers’ compensation insurance carrier.
  • The employer may attempt to limit your temporary total disability benefits on the basis of a single impairment rating evaluation.

Retaliation for filing a claim or testifying

It is illegal for your employer to fire or discriminate against you for filing a workers’ compensation claim or for testifying in a workers’ compensation case. You can file a claim of workers’ compensation discrimination with the New Jersey Office of Special Compensation Funds. If your employer terminated you because of a work-related disabling condition, you can file a federal claim of violation of the Americans with Disabilities Act (ADA) with the Equal Employment Opportunity Commission in Washington, D.C.

If you have been treated unfairly or illegally by your employer, New Jersey State and federal agencies provide avenues for compensation under laws governing discrimination and workers’ compensation. A lawyer with experience in those areas can explain your options and how you may be able to challenge your employer’s actions.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

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