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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 a workers’ compensation award in the past and cannot recall…Read More

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. How Is The Value Of My Claim Effected By The…Read More

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. What Occurs During a “Pre-Trial Conference,” And Do I Need…Read More

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 workers’ compensation claim then begins the process of establishing your…Read More

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 eligible for unemployment benefits if you were terminated from your…Read More

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 You Be Treated by Your Own Doctor? The insurance carrier…Read More

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 failing to follow safety protocol, or they may not want…Read More

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 carrier of the accident, the employee should receive a claim…Read More

The location of the injury is not as important as the question of whether an injury occurred during the “course of employment.” Many jobs are performed at varying locations, such as a sales position which entails traveling on a regular basis. The location of where the injury occurs will not alone determine whether the salesperson is qualified to receive workers’…Read More

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, even if you received some sort of payment for your…Read More