November 6, 2016 By Leave a Comment

when-is-an-injury-work-related-for-workers-compensation-purposes

One of the fundamental rules for eligibility for workers’ compensation benefits is that your injury must be “work-related,” either caused by or occurring on the job. With traumatic injuries, it’s often obvious whether or not the injury happened on the job. But other types of injuries may not be as clear cut. What about joint or tendon pain caused by repetitive stress or motion? What if you suffer a heart attack or a stroke, and you were under intense stress at work? What if you suffer a work-related injury that’s relatively minor, but it causes you to develop a more serious problem?

The bottom line—you need to convince the workers’ compensation judge that something about your work caused or contributed to your accident. Here are some examples:

  • Suppose you have a debilitating stroke, either while at work or during your off hours. How can you get workers’ compensation benefits for that? The first thing you’ll want to do is document the full extent of any stress you experienced at work. If you have co-workers who can testify to your stress level, that can help. In addition, you’ll want expert medical testimony linking your stress level to the likelihood of a stroke, or at least to an increase in your blood pressure.
  • Suppose you’re on the job and you get cut by a piece of metal. The wound may be minor and may not even prevent you from coming to work at all. But what if you seek medical treatment and have an allergic reaction to drugs the doctor prescribes, or what if you develop an infection because of the cut. These are known as "consequential injuries" and can be compensable in a workers’ compensation claim.

Contact Taylor & Boguski

At Taylor & Boguski, we have more than 70 years of combined experience representing injured workers across New Jersey. For a free initial consultation, send us an e-mail or call us at 856-200-8989.

Filed Under: Work - Related Injury, Workers Compensation Tagged With: , , ,
October 20, 2016 By Leave a Comment

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In many states, an injured worker has the right to choose who will be his or her treating physician. That’s not the case in New Jersey, though. Instead, your employer can choose who will examine you and often who will treat you. That begs the obvious question—if the doctor is handpicked by your employer, can you trust that you’ll get a fair shake? The good news—most often the answer is “yes.”

The Doctor’s Professional Obligations

Your treating physician, as a medical professional, has certain ethical obligations. One of the most fundamental is the priority of the doctor-patient relationship. What does this mean? First of all, it means that the doctor’s primary duty is to you, the injured party—not to your employer. If your physician violates that trust in any way, by failing to acknowledge the severity of your injury, or by providing any false information that benefits your employer, he or she can be subject to professional discipline, including the loss of the right to practice. Because of the potential for sanctions, most medical professionals take their responsibilities seriously.

So what can you do if you suspect that your company-selected doctor is wrongfully dismissing your injury claims? You do have the right to seek a second opinion. However, unless you choose a doctor who is approved by your employer, the costs of that visit will probably not be covered and your employer may ignore any finding. If you do choose an approved physician, who makes a different diagnosis than the first doctor, you’ll likely have to go to a third doctor to have the matter resolved. The matter can get complicated in a hurry. That’s why it’s really in your best interests to hire competent legal counsel early in the workers’ compensation process.

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At Taylor & Boguski, we bring more than 70 years of combined legal experience to people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

Filed Under: Medical Malpractice, Workers Compensation Tagged With: , ,
October 5, 2016 By Leave a Comment

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If you have been in a work-related motor vehicle accident and you file a third party claim for injuries suffered in the crash, your company’s workers’ compensation insurance carrier may be entitled to a portion of any recovery you receive in the personal injury lawsuit, if you also received workers’ compensation benefits. A New Jersey appellate court came to that conclusion in August, 2016.

In an appeal that consolidated claims from three different insurers, the court was asked to reconcile competing provisions of two New Jersey statutes: the Workers’ Compensation Act and the Automobile Insurance Cost Reduction Act. All three cases involved public workers who were hurt on the job and who had recovered damages in personal injury actions for medical expenses.

At the trial level, all three courts held that workers’ compensation insurance companies could not seek reimbursement of medical expenses in such occasions, as the Automobile Insurance Cost Reduction Act prohibits reimbursement of medical expenses collected or paid under personal injury protection (PIP) policies. The trial judge concluded that, because an injured employee in a work-related accident is treated as a “no-fault” insured, the worker can’t recover medical expenses from the defendant if those medical expenses have been paid by an insurance company—that would be a double recovery. The judge concluded that, because the injured party could not recover medical expenses, the damage award could not and did not include compensation for medical expenses, so that workers’ compensation insurance company had no basis for reimbursement.

The appellate court disagreed, finding that the Automobile Insurance Cost Reduction Act seeks to minimize insurance costs by guaranteeing medical expense coverage. Since the recovery could include reimbursement of medical expenses, and since the Workers’ Compensation Act allows a workers’ compensation insurance provider to seek reimbursement of any medical expenses paid, the requests of the insurance companies were permissible.

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At Taylor & Boguski, we bring more than 70 years of combined legal experience to men and women throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

Filed Under: Insurance, Personal Injury, Workers Compensation Tagged With:
September 12, 2016 By Leave a Comment

When you have been hurt in a work accident in New Jersey, you have a right to file a claim for benefits through the state’s workers’ compensation system. As a general rule, if your claim is approved, you will be awarded benefits based on your average weekly wage and the extent of your injury. However, if you suffer an injury to one of your extremities, such as an arm, leg, finger or toe, you can also receive a cash payment if the injury is deemed permanent. These payments are referred to as scheduled loss of use, or SLU, awards.

As defined in the New Jersey workers’ compensation laws, “extremities” include all body parts other than your head, neck or back. Accordingly, you can pursue a scheduled loss of use award if you sustain a permanent injury to your arms, hands, fingers, legs, feet or toes.

Here’s how to seek a scheduled loss of use award. You’ll have to wait until your case is finalized (usually around a year after your accident). Once you have reached what is known as “maximum medical improvement,” you can see your doctor and request a report to document the degree to which your injury is permanent. Once your doctor has determined the percentage of permanent injury, you look at the statutory schedule for your type of loss and apply the percentage to determine the amount to which you are entitled.

It’s important to understand that, once the award is determined, your workers’ compensation case is generally closed. If your injury becomes worse, though, you can always seek to reopen your claim. So, for example, you may have 50% use of your hand now and receive a scheduled loss of use award based on that percentage. If your injury progresses and you lose permanent use of the entire hand, you can reopen your case and seek an additional amount.

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At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured workers throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

Filed Under: Work - Related Injury, Workers Compensation Tagged With: , , ,
September 1, 2016 By Leave a Comment

When you have been injured at work in New Jersey, your exclusive remedy will typically be through a workers’ compensation claim. It’s often referred to as the “grand bargain,” as it is designed to benefit both employers and employees. Business owners (and workers’ compensation insurance companies) don’t have to worry about large damage claims from a judge or jury because the workers’ compensation laws establish specific payouts. Workers generally have access to compensation more quickly, as they don’t have to go through all the procedures involved in a lawsuit.

At its best, it’s a straightforward and simple system—you see a doctor, get a medical opinion that you’ve suffered an injury and can’t work. You file your claim, continue to see the doctor regularly, and receive temporary benefits until you can return to work, or permanent benefits if you can’t go back to your job.

Workers’ compensation insurance companies, though, take a completely different view of your claim. It’s all about their bottom line, and the way they maximize their bottom line is to minimize what they pay you. It’s how their business model works. They charge premiums, which represents the bulk of their income. In order to maximize their profits, they need to maximize income and minimize expenses. The more they pay out in claims, the less profit they’ll show at the end of the year.

So it’s really in the workers’ comp insurance company’s best interests to make the process difficult for you. They may refuse to pay for necessary testing, or they may allege that you can return to work, or that your injury is less serious that you know it is. That’s why you need an experienced and aggressive workers’ compensation attorney to protect your rights.

Contact the Law Office of Taylor & Boguski

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured workers throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

Filed Under: Insurance, Workers Compensation Tagged With: , , ,
August 24, 2016 By Leave a Comment

If you’ve been hurt on the job and need to apply for workers’ compensation benefits, but you’ve heard from others that it can be a complicated process and that most claims are denied. It’s true—employers and insurance companies have a vested interest in not paying workers’ compensation benefits and will look for every opportunity to reject your claim. That’s why it’s so important to hire the right attorney to handle your case. Here’s what you should seek in counsel.

Make Certain Your Lawyer Focuses on Workers’ Compensation

The workers’ compensation process has its own set of rules and if you don’t follow them, your claim can be denied or delayed. Don’t hire a general practitioner who may not be familiar with all the inner workings of the workers’ compensation system. Verify that your attorney has extensive experience handling workers’ compensation cases.

Make Certain You Hire an Experienced Trial Lawyer

The skills required of a trial attorney are different than those of a transactional lawyer. You want a lawyer who has skill and experience at oral argument, who can think and respond at the spur of the moment, and who is well-versed in the rules of trial procedure.

Make Certain Your Attorney Be Available and Accessible on a Regular Basis

You’ll have questions throughout the process and you need to know that your lawyer will respond to your calls or e-mails in a timely manner. Confirm that you’ll have direct access to the attorney, and won’t be dealing with a paralegal, secretary or inexperienced associate.

Know What Approach Will Your Attorney Take in Court

Some lawyers will aggressively advocate for you in every proceeding, while others prefer to negotiate an outcome that meets your needs. Be sure that your lawyer will take whatever approach is necessary to get the benefits you need.

Contact Our Office

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured workers throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

Filed Under: Workers Compensation Tagged With: ,
August 10, 2016 By Leave a Comment

When you suffer an injury or illness that’s job-related in New Jersey, you have a right to seek benefits under the state’s workers’ compensation system. It may even be your exclusive remedy, which means that you can’t file a lawsuit in court to recover for your losses. But if you’ve never hired a lawyer before, or even if you have, you can have significant concerns about the costs of retaining counsel. Chances are pretty good that, because of your work injury, things are already pretty lean financially. That’s why it’s important to know just what it will cost you out-of-pocket to pursue a workers’ compensation claim.

As with most personal injury claims, workers’ compensation cases are typically handled on what is known as a contingency basis. This means that, instead of billing you on an hourly basis, your lawyer will usually take a percentage of any amount recovered on your behalf. There’s usually no requirement that you put any money down to initiate the process, either (known as a “retainer”). Because your attorney gets paid more if you get paid more, there’s the added incentive to maximize your recovery.

The final determination as to how much you will receive will be made by either the workers’ compensation judge or the Workers’ Compensation Board. As a general rule, the only out-of-pocket costs you’ll have will be filing fees or any costs associated with obtaining evidence, such as court reporter fees if depositions are required. But you won’t incur any fees for your attorney’s time.

Contact Our Office

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured workers throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

Filed Under: Work - Related Injury, Workers Compensation Tagged With: , , ,
July 20, 2016 By Leave a Comment

Most people feel some level of stress at work. But what if your job exposes you to a high level of stress on a daily basis—maybe you’re a police officer, emergency room nurse or firefighter. Or suppose you witness a traumatic event at work—the serious injury or death of a co-worker, or an act of workplace violence, such as a shooting. Are you entitled to file for workers’ compensation benefits if the effects of post traumatic stress disorder (PTSD) make it difficult or impossible for you to do your job? The answer depends, but it’s clear that mental illness can be the basis for a workers’ compensation claim.

When you file for workers’ compensation benefits based on a mental illness, your claim will fall into one of three categories:

  • Physical-mental injuries
  • Mental-physical injuries
  • Mental-mental injuries

A physical-mental injury is one that is initially entirely physical, but ends up creating mental health challenges. For example, you might hurt your knee lifting boxes or performing some other task at work. If the knee doesn’t heal quickly, and you can’t maintain the active lifestyle you had before the injury, you may become depressed, and the depression can contribute to your inability to work.

A mental-physical injury works in exactly the opposite manner. You may be exposed, for example, to a high level of stress on your job, which in turn can elevate your blood pressure, or cause you to either gain or lose a lot of weight. High blood pressure or increased weight can put you at risk of stroke, heart attack or joint injury.

A mental-mental injury is one that starts with a psychological event and manifests with PTSD, such as witnessing a traumatic injury or act of violence.

Contact the Law Office of Taylor & Boguski

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured workers throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

Filed Under: Work - Related Injury, Workers Compensation Tagged With: , , , ,
July 6, 2016 By Leave a Comment

So you’ve been hurt at work—maybe you sprained your left knee unloading a truck—and you seek medical care for the knee sprain. Because of the pain and stiffness in your left knee, you naturally favor the left leg, putting additional stress on the right side of your body. Your knee gets better, but a couple weeks later, you wake up to terrible pain in your right heel. Your doctor diagnoses it as a heel spur, the result of changing your gait because of the injury to your left knee. Can you file for workers’ compensation benefits if the pain from the heel spur makes it impossible to do your job?

What we’re talking about here is what the law refers to as a “consequential” injury, i.e., one that is not immediately caused by a work accident, but arises only because of your work injury. Under workers’ compensation laws you have a right to file a claim for any injuries that can be shown to have “reasonably” been the result of a work-related injury. If you can bring in medical evidence to show that a subsequent injury (here, the heel spur) would not have happened “but for” the work accident, you can obtain workers’ compensation benefits for that injury.

Of course, the challenge, when an injury is not immediately apparent, is demonstrating that it resulted from the work accident. That’s one of the reasons it’s so important, when you see a doctor, to carefully describe everything that seems abnormal and to document every pain or injury. It’s a pretty common occurrence that injury to one part of the body will lead to overcompensation and injury somewhere else.

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured workers throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

Filed Under: Work - Related Injury, Workers Compensation Tagged With: , , ,
June 30, 2016 By Leave a Comment

Most people understand that, when you’ve been hurt at work, your first (and often exclusive) remedy for lost wages and medical expenses is a workers’ compensation claim. But what if it’s not an injury suffered in an accident, but an illness caused by something at your job? Can you still seek benefits if your job has made you sick?

The good news—yes, workers’ compensation laws in New Jersey allow claimants to recover benefits for any disease or illness caused by conditions at work. If you work in an environment with toxic chemicals or other substances, you may have a valid claim for workers’ compensation if you contract cancer or some similar illness. If your job involves exposure to dust, fumes or fibers, you may be able to file a workers’ compensation claim for silicosis or for asthma-like conditions. In addition, if you are employed in a high-stress job, working as a law enforcement officer, a firefighter or an EMT, you may be able to file a claim for workers’ compensation if you develop high blood pressure, or suffer a heart attack or stroke.

In order to successfully recover workers’ compensation benefits for an occupational disease, you must demonstrate a clear connection between the job and your illness. If you suspect that you have a health problem because of exposure to something at work, your first course of action should be to see a physician. Be certain to document exactly when the symptoms first appeared and where you were working at the time.

It’s also important to understand that, if the substance that caused your illness was manufactured or installed by someone unrelated to your employer, you may be able to file a lawsuit in court against that party. You will likely have to wait longer to resolve the dispute, but you won’t be limited to the damages available through a workers’ compensation claim.

Contact Our Office

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured workers throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

Filed Under: Work - Related Injury, Workers Compensation Tagged With: , , ,
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