Helpful Legal Articles
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 either in the state(s) where the parties reside or where…Read More
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 their patients may be diminished. It's crucial for injured workers…Read More
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 workers’ compensation. It's an invaluable opportunity for attorneys to refine…Read More
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 from treatment. How Long After a Workers’ Compensation Claim Is…Read More
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 if they do fit into traditional gender stereotypes. Rather, Senator…Read More
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 $42,000 in unpaid unemployment and temporary disability contributions for those…Read More
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 front window of the Division of Workers’ Compensation in Morris…Read More
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 to direct medical care to specific physicians. Unfortunately, many carriers…Read More
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 workers’ compensation benefits, the family is not entitled to receive…Read More
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 medical or religious reasons. Governor Murphy took Medicare’s vaccine mandate…Read More