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.

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

Construction Accidents, Third Party Liability, and Workers’ Comp

Mount Laurel Third Party Construction Accident Attorneys

While workers’ compensation covers medical costs for work – related construction accident injuries, it doesn’t always cover lost wages or pain and suffering. That’s important to remember in cases where construction accident injuries involve negligence on the part of a contractor or subcontractor other than your employer. In fact, it’s not uncommon for painters, electricians, carpenters, drywallers, and concrete workers to come and go, each working for a different employer. As a result, it’s not uncommon for certain safety violations to occur, resulting in construction site accident injuries that incur costs beyond what workers’ compensation can cover.

Third Party Liability and Construction Site Accidents

If you’ve been injured due to negligence on the part of a contractor or subcontractor, your employer’s worker compensation should cover most of your initial medical costs. However, if your injuries are serious and result in partial or long-term disability, workers’ compensation may only cover a portion of the total financial impact of your injuries. For instance, serious head trauma, spinal cord injuries, burns, or amputations often involve pain and suffering and long-term costs that exceed what you can recover through workers’ compensation benefits.

Holding Third Parties Legally and Financially Liable for Your Injuries

A negligent electrician, backhoe driver, crane operator, welder, or carpenter isn’t going to volunteer information regarding their negligence. As a result, you’ll need to work with an experienced construction accident attorney who has access to the necessary investigative resources needed to expose OSHA violations and departures from New Jersey state law governing everything from the use of ladders, scaffolding, asphalt, electrical work, drywall, concrete, and heavy equipment at construction sites. This involves collecting eyewitness statements, reviewing company records, collecting evidence from the scene of the accident, and reconstructing what happened.

Contact Mount Laurel Construction Accident Attorneys at Taylor & Boguski

If you’ve been injured in a construction site accident, there may be other considerations beyond what your workers’ compensation benefits will pay. If your injuries were caused in part by the actions of a third party, you may be able to collect additional compensation to offset the long-term financial consequences of your injuries.

To discuss your case and learn more about our personal injury practice and how we can help you, contact Mount Laurel construction accident injury attorneys at Taylor & Boguski today.

Filed Under: Construction Accidents, Personal Injury, Work - Related Injury, Workers Compensation Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
February 9, 2012 By

Workers’ Compensation Claims – Do I need to See My Doctor?

Mount Laurel Workers’ Compensation Attorneys

If you’ve been injured in a work-related accident, your employer’s worker’s compensation insurer will likely ask you to see one of their doctors to verify your injuries and condition. While this may seem reasonable and simply part of the worker’s compensation process, don’t assume the doctor who exams you is primarily interested in making sure you are okay and being taken care of. A doctor that works for an insurer is interested in determining if your injuries are due in part to a prior condition or as serious as you claim.

In this capacity, an insurance doctor is in part an agent of the insurer and has an incentive to protect the interests of the insurer. As a result, the severity of your injuries may be questioned or downplayed while your length of recovery shortened by recommendation of the doctor.

Consult Your Doctor | Protecting Your Interest after a Work – Related Injury

Under New Jersey’s worker’s compensation laws, an employer (or the employer’s insurer) can select the doctor you have to see. However, you can elect to consult your own doctor if you tell your employer (or their insurance carrier) that you are under the care of a particular doctor. If your employer requires you to see a particular doctor you should be able to see your own doctor after a certain amount of time has passed or to get a second opinion. However, you may be responsible for any expense incurred in seeing a doctor of your selection.

Getting a Second Opinion | Disputes and Worker’s Compensation Claims

When you see the insurance doctor, you’ll likely be asked a series of questions about your medical history and the accident that injured you. If the insurance doctor has reason to believe your injuries are due completely or in part to a prior condition, you benefits may be reduced or denied altogether.

For example, suppose you suffer from carpal tunnel syndrome after being on the job for a year and a half. The insurance doctor might ask if you’ve ever had trouble with your wrist or arm before. Suppose you play guitar and tell the doctor that you’ve struggled on and off with pain and soreness for a few years. He might conclude that your injury is due to your guitar playing and constitutes a prior condition.

At this point, if your claim is denied or you contest the benefits offered, you’ll have to file a Claim Petition or Application for an Informal Hearing with the Division of Workers’ Compensation. Being prepared with a second opinion from your doctor may provide grounds for honoring or increasing your claim if the court is persuaded by the facts.

Contact Mount Laurel Workers’ Compensation Attorneys Taylor & Boguski

Employers don’t always inform their employees about their rights, nor do they always treat them fairly when it comes to protecting their job and returning to work. If you’ve been injured on the job, it’s important to talk to an experienced workers’ compensation attorney to ensure your rights are protected. To learn more about your rights under New Jersey workers’ compensation laws, contact Mount Laurel workers’ compensation attorneys at Taylor & Boguski.

Filed Under: Work - Related Injury, Workers Compensation Tagged With: , , , , , , , , , , , , , , , , , , , , ,
November 28, 2011 By Leave a Comment

The attorneys at Taylor & Boguski have extensive experience with all on-the-job injuries and deaths, including traumatic accidents, exposure to lung irritants and other chemicals as well as traffic accidents.

Filed Under: Workers Compensation
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