Blog
In this article, you can learn about: The importance of getting medical treatment as a way to tie your injuries to the time of the accident. What to do if there were no witnesses at the scene of your accident. What circumstances lead some claims to settle – and others...
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The N.J. Workers’ Compensation Act provides injured employees with three types of benefits: (1) medical treatment related to the work injury; (2) temporary disability benefits of up to 70% of wages while out of work under the care of a doctor; and (3) an award of permanent partial or total...
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The New Jersey Workers’ Compensation Act offers injured employees three primary types of benefits: Medical Treatment: Coverage for medical care directly related to the work injury. Temporary Disability Benefits: Payments of up to 70% of the employee’s wages while they are unable to work and are under the care of...
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In this article, you can discover… The most common injuries following a car accident. The importance of medical documents in proving injuries. How a caring and diligent personal injury lawyer can help you following an accident. What Are the Most Common Injuries in Motor Vehicle Accidents? Common injuries include orthopedic/musculoskeletal...
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In this article, you can discover… How to gather evidence immediately after an accident. The importance of recording injuries and symptoms. How to not compromise evidence following a car accident. How Can I Gather Evidence Immediately After An Accident? The first piece of evidence to collect is photo and video...
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In this article, you can discover… The possible impacts of failing to report an injury. Why accurate medical information matters. The risks of speaking to insurance adjusters without an attorney present. How Can Failing To Report An Injury Immediately Affect My Claim? Failing to report an injury immediately after it...
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In this article, you can discover… Common reasons a workers’ comp claim is denied. The documents needed to fight an insurance carrier’s denial of your claim. How a seasoned attorney can help successfully guide you through the process of filing a Claim Petition in the Division of Workers’ Compensation. What...
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You may be entitled to receive compensation if you were involved in an accident which was caused by the negligence of another person. Examples include motor vehicle accidents, slip/trip and fall incidents, injuries from dangerous products, negligent security resulting in criminal assaults, and negligent supervision. Such claims can be filed...
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In many states, workers’ compensation laws allow the insurance carrier to select the medical providers who will treat injured workers. This situation can put injured workers at a disadvantage when communicating with their assigned physicians. Since injured workers cannot easily switch doctors, the incentive for workers’ compensation physicians to satisfy...
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I had the privilege of delivering a presentation to my colleagues at the NJ Association for Justice’s (NJAJ) annual Boardwalk conference in Atlantic City on April 19, 2024. This continuing legal education event features a diverse range of seminars covering personal injury, employment law, matrimonial law, criminal law, ethics, and...
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Imagine that you were injured at work close to the age of retirement. The insurance carrier provides you with medical treatment and temporary disability since you are medically unable to return to work due to your injuries. The question arises: should you proceed with your retirement? The answer is unequivocally...
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The New Jersey Workers’ Compensation Act provides that temporary disability benefits equaling 70% of the employee’s gross average weekly wages (up to the state maximum rate) shall be paid if the employee is unable to work as a result of a work accident, until he has reached maximum medical improvement...
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On February 13, 2023, NJ State Senator Zwicker (D) introduced a bill regarding “gender-affirming healthcare” for children. Given the title of the bill, one might be forgiven for thinking that the proposed legislation sought to protect children by affirming that they are perfect just the way they were born, even...
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For the past 11 years, the phones at Pezzano Law Group have been answered by Christa, who always greeted clients and attorneys alike with the same friendly manner. Christa eventually became our “client intake specialist” since she displays empathy and compassion to those experiencing difficulties. She also kept the office organized,...
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On August 2, 2022, the New Jersey Supreme Court issued a major decision regarding independent contractors. In East Bay Drywall, LLC vs. Dept. of Labor, the Court ruled against a drywall company in finding that it misclassified employees as independent contractors. As a result, the company owes the State over...
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Courthouses have long been protected by armed Sheriff’s officers or security guards, for good reason. Irate litigants have been known to make threats against Judges and Court personnel when they are unhappy with the outcome of a Court proceeding. In 2005, one injured worker drove his pickup truck through the...
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The New Jersey Workers’ Compensation Act [“the WC Act”] requires an employer to furnish to an injured worker all medical treatment necessary to cure and relieve her from the effects of the injury and restore function whenever possible. Courts have interpreted this responsibility as empowering the workers’ compensation insurance carrier...
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What if the ultimate tragedy occurs at the workplace and an employee is killed at work or dies as a result of work-related injuries? The employee’s family is entitled to receive “dependency benefits,” to compensate them for the loss of their loved one’s income. Similar to the limitation of lifetime...
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The United States Supreme Court recently issued opinions on January 13, 2022, striking down OSHA’s vaccine mandate for large employers, but also permitting the Centers for Medicare and Medicaid Services (CMS) to mandate the COVID vaccine for all healthcare workers employed at facilities which accept Medicare funding, unless exempted for...
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Both the Centers for Disease Control and Prevention [CDC] and the Centers for Medicare and Medicaid Services’ [CMS] fall under the umbrella of the Department of Health and Human Services [HHS]. The Occupational Safety & Health Administration [OSHA], is the agency within the Department of Labor, tasked with implementing rules...
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Franklin Delano Roosevelt once said, “there is nothing to fear, but fear itself.” Yet today, we seem to be in a constant state of fear. There is undoubtedly much to be concerned about, including the novel coronavirus. However, I wonder if we have become irrationally fearful. As a young mother,...
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In September 2020, the New Jersey Legislature passed, and the Governor signed a new law S2380, amending the Workers’ Compensation Act, in light of the COVID-19 pandemic. The law provides for a rebuttable presumption that “essential employees” contracted the disease on the job. The law further expands the “Canzanella First...
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We do not like to brag, but we are good at what we do. As a firm, we take pride in helping members of our community to get their lives back together following an accident or injury. We are not “ambulance chasers” though – and we will decline any case...
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If you have read the information in this website, it should be abundantly clear that there will be legal ramifications to decisions made in the aftermath of a work injury, which will impact your medical and financial well-being in the future. The insurance carriers have an army of lawyers, doctors,...
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There are several areas of the law which may touch the lives of injured workers but are not covered by the New Jersey Workers’ Compensation Act. The Division of Workers’ Compensation does not have any jurisdiction to decide issues which arise under these areas of the law, although decisions you...
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What is the Deadline for Filing a Workers’ Compensation Claim? A formal Claim Petition must be filed within two years of the date you last received medical treatment authorized by the workers’ compensation carrier. If no benefits were provided through workers’ compensation, the two-year deadline starts from the date of...
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Injured workers who are totally disabled as a result of a work injury in New Jersey certainly do not live out the remainder of their lives in the lap of luxury. Their weekly benefits are capped at 70% of the average wages they were being paid at the time of...
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Settlements or judgments entered in the Division of Workers’ Compensation may include the right to “reopen” the claim, depending upon the type of award. Only a lump sum settlement under “section 20” of the Workers’ Compensation Act is final and cannot be revived to obtain additional benefits. If you received...
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You will be disappointed if you expect to see the level of courtroom drama depicted on the big screen in the Division of Workers’ Compensation. While there are always a few moments during any trial which include a surprise question or unanticipated answer, explosive testimony is rare in the Division....
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Your attorney cannot begin the process of negotiating a settlement of your claim until the reports of all of the medical experts who performed permanency evaluations have been received. Thereafter, your attorney and the attorney for the insurance carrier will begin to discuss the nature and extent of your injuries....
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Your attorney cannot move forward with a settlement of your claim until you have completed curative medical treatment (in other words – additional care is not going to make you better). Once a physician determines that you have reached maximum medical improvement (“MMI”) from treatment, the next phase of your...
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Both the temporary disability and unemployment programs provide “lost wage” benefits, but for very different reasons. You are generally qualified to receive temporary disability benefits if the authorized physician indicates that you are medically unable to return to work and are receiving active medical treatment. By contrast, you are only...
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The New Jersey Workers’ Compensation Act provides that an employer must provide all medical treatment necessary to “cure and relieve” the effects of a work injury. The employer or its insurance carrier must pay 100% of the medical bills, with no co-payment or deductible owed by the injured worker. Can...
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The claims process should start immediately after an accident occurs at work. The following is a rudimentary roadmap of a claimant’s usual journey through the workers’ compensation system: Report The Accident/Injury It is sometimes uncomfortable for employees to report a work accident. They may be fearful of being reprimanded for...
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An employer must post the name of its workers’ compensation insurance carrier in a conspicuous place at the workplace. In order to avoid denial of insurance coverage, the employer must also place the workers’ compensation carrier on notice of any work accidents or claims of injury. After notifying the insurance...
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What If I Did Not Have a Traditional 9 – 5 Job When I Was Injured? If you were not employed at the time of the accident then the injuries will not be covered through workers’ compensation. For instance, if you were injured while assisting a friend with a project,...
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For an injury to be compensable under the New Jersey Workers’ Compensation Act, it must occur “during the course of employment.” The geographic location of the accident is less significant than whether the employee was performing work to benefit the employer. The accident need not occur on the employer’s property...
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The simple answer is that if you were hurt during the course of your employment, you most likely have a valid workers’ compensation claim. Do I Still Have A Claim If My Employer Did Not Cause The Accident? In New Jersey, workers’ compensation is basically a no-fault system. In other...
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You will be disappointed if you expect to see the level of courtroom drama depicted on the big screen in the Division of Workers’ Compensation. While there are always a few moments during any trial which include a surprise question or unanticipated answer, explosive testimony is rare in the Division....
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Both the temporary disability and unemployment programs provide “lost wage” benefits, but for very different reasons. You are generally qualified to receive temporary disability benefits if the authorized physician indicates that you are medically unable to return to work and are receiving active medical treatment. By contrast, you are only...
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Injured workers who are totally disabled as a result of a work injury in New Jersey certainly do not live out the remainder of their lives in the lap of luxury. Their weekly benefits are capped at 70% of the average wages they were being paid at the time of...
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Your attorney cannot begin the process of negotiating a settlement of your claim until the reports of all of the medical experts who performed permanency evaluations have been received. Thereafter, your attorney and the attorney for the insurance carrier will begin to discuss the nature and extent of your injuries....
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Can You Walk Me Through The Process Of Filing A Workers’ Compensation Claim? 1) NOTIFY YOUR EMPLOYER OF THE INJURY If you are injured at work, you should bring the injury to the attention of a supervisor, to document the incident. The Workers’ Compensation Act provides that unless the employer...
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The New Jersey Workers’ Compensation Act provides that temporary disability benefits equaling 70% of the employee’s gross average weekly wages (up to the state maximum rate) shall be paid if the employee is unable to work as a result of a work accident, until he has reached maximum medical improvement...
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What is a Fair Settlement Value for My Permanent Partial Disability Claim? Most claims for partial permanent disability benefits settle somewhere between the estimates provided by the competing medical experts. The dollar value of the claim will depend on several factors, including: Your average weekly wage at the time of...
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There are several areas of the law which may touch the lives of injured workers, but are not covered by the New Jersey Workers’ Compensation Act. The Division of Workers’ Compensation does not have any jurisdiction to decide issues which arise under these areas of the law, although decisions you...
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The New Jersey Workers’ Compensation Act does not require your employer or the insurance carrier to provide you with retraining. If you are not ready or financially able to retire, you should make plans to start a new career. The New Jersey Division of Vocational Rehabilitation Services (“DVRS”) does provide...
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If your employer does have a light-duty work program, then you must attempt to return to work, since your temporary disability benefits will be terminated. Unless you have secured a position with another employer, it is advisable to make yourself useful to the company when you return to work. However,...
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If you are released to return to work full duty then you should at least attempt to return to work, even if you do not feel able to do so. If you try to work and cannot perform your job duties, advise your employer if you experience additional pain while...
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If you are a high wage earner, your temporary disability benefits are capped at the State maximum rate. In 2020, the maximum rate in New Jersey is $945/week. Some employers may voluntarily offer to pay the difference between the workers’ compensation rate and your salary. However, they are not required...
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Temporary disability benefits are, by their very nature, “temporary.” The maximum period of time that you may collect temporary disability benefits is 450 weeks (approximately 8.5 years). However, you must be under active medical treatment during this period to qualify for continued lost wage benefits. To be considered “active,” the...
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Temporary disability benefits will be terminated once you have reached “maximum medical improvement” from treatment, even if you cannot return to work full duty or even to the same line of work. The New Jersey Law Against Discrimination and the federal American with Disabilities Act require employers to offer “reasonable...
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The workers’ compensation carrier may encourage the physician to release you back to work, at least on a light-duty basis. While you are still receiving medical treatment, you should provide the doctor with a copy of your job description. You should explain exactly what job duties you feel that you...
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It is common for the workers’ compensation carrier to pressure employers into providing a light-duty return to work program, even when employers practically do not have such work to offer. If your employer is only able to find a few hours of light-duty work for you to perform then you...
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Even during a good economy, some people find it necessary to work at a second job to make ends meet, or choose to do so to get ahead. But what happens if you get hurt at one job, and can’t work at the other because of your injury? Workers’ compensation...
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I Returned To College After My Injury. Am I Still Entitled To Receive Temporary Disability Benefits?
Generally, if you return to school on a full-time basis then you are not entitled to receive continued temporary disability benefits, on the basis that you removed yourself from the workforce for the purpose of furthering your education. However, if you are able to prove that you worked while attending...
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Temporary disability benefits are payable when the employee is out of work for seven consecutive days, although it often takes longer for the insurance carrier to administer the benefits. In other words, if you are sent back to work by your doctor in less than a week, you are not...
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To determine whether the workers’ compensation carrier is paying you the correct temporary disability rate you must first calculate your “average weekly wage,” including overtime. Take a look at your paystub. Do you make the same amount every week or does your salary vary? If you earn an annual salary,...
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After an accident or injury occurs at work, it is insufficient to merely advise your supervisor that you do not feel well and need to take off a few days to recover from your injuries, to qualify for temporary disability benefits. Of course, if your company has a sick leave...
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Yes, there is an alternate source for you to obtain some financial relief if your workers’ compensation temporary disability benefits are terminated and you are medically unable to return to work. Your employer may have purchased a disability plan through a private insurance company, or you may be qualified to...
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The workers’ compensation system in New Jersey was designed to provide injured workers with prompt medical attention and wage replacement benefits when they are disabled due to a work injury. There is no need for an employee to prove that the employer committed negligence in order to collect benefits. As...
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Under the New Jersey Workers’ Compensation Act, you are entitled to receive medical, temporary, and sometimes permanent disability benefits after suffering a workplace injury. But how do you access these benefits? First off, it’s important to know that you don’t need to prove that your employer is at fault to...
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This past January, Lisa J. Pezzano was invited to speak at the 2018 Advanced Workers’ Compensation Law Conference, sponsored by the New Jersey Council on Safety & Health (COSH). It was an honor for our firm to be represented at this event, which featured several prominent attorneys in the workers’...
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The New Jersey Supreme Court issued a ruling on February 19, 2019, which affects all volunteer firefighters in the state. Workers’ compensation claimants are entitled to receive temporary disability benefits equaling 70% of their gross average weekly wage, up to the state maximum, if they suffer a “lost wage” due...
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We’re not your average attorneys. For one thing, without her signature heels, Lisa is only 5 feet tall. Lisa is as cool as a cucumber, even under pressure. But the real difference is in how we tackle your case. We only handle two types of cases: personal injury and workers’...
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Throughout his legal career, Frank Morelli earned a reputation as being a fair but tough enforcer of justice. After serving as a fighter pilot in the Air Force, Frank made good on a pact he’d formed with a couple friends and used his GI Bill to attend Seton Hall Law...
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I recently read the book “Dreamland” by Sam Quinones, an investigative reporter who tracked the roots of the opioid crisis in America. I was interested in the subject because I have unfortunately seen several of my clients develop devastating addictions due to pain caused by work injuries. The title of...
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Our team is passionate about getting clients the compensation they need. Recently, attorney Lisa J. Pezzano testified before the New Jersey Labor Committee on the topic of workers’ compensation permanent disability benefits. Lisa shares the story of one of her clients and explains why this bill is so important to...
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With the celebration of Independence Day, our thoughts often turn to our love of country and the precious gift of freedom that we have here in America. Every freedom has its limits, of course. The classic example of a limit on the First Amendment is that we cannot yell “Fire!”...
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In February, it was disclosed that Aetna’s medical director had been denying medical claims without ever looking at patients’ records. Thanks to a lawsuit, this negligence was brought to the public’s attention. In his deposition, former medical director Dr. Jay Ken Linuma said he was simply following the training guidelines...
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Expert Advice From Attorneys Who Deal With
Clients Day In And Day Out In Phillipsburg,
NJ - Call Us Now - (908) 454-0200
Clients Day In And Day Out In Phillipsburg,
NJ - Call Us Now - (908) 454-0200