Am I Entitled to Receive a Lump Sum After Suffering a Work Injury?

Am I Entitled to a Lump Sum for my Work Injury?

Getting injured while at work is not an uncommon phenomenon. Employees who are met with an injury at the workplace are liable to receive workers’ compensation. And, if you have been fortunate enough never to have sustained a work injury until now, then workers’ comp may seem like a somewhat foreign concept. Workers’ compensation is defined as “a remedial social legislation to ensure that employees injured on the job will be paid without regard to fault.”


The workers’ compensation program was created to protect employees injured on the job. Typically, casual and contractual employees may not receive benefits covered under this program. These benefits may include medical costs, lost wages, and rehabilitation costs. Workers’ compensation program is a state-mandated insurance program.


If you have suffered an injury at work, but the insurance company has denied your claim, or in some other way disputed your claim, you may have the option of accepting a lump sum settlement. But, there is much more involved in this possibility than most are aware of.


What is a “Section 20 Settlement?

If you are wondering if there is a possibility to be granted a lump sum settlement following a work injury, you are in luck. However, there are many more details that you need to be informed of before seriously considering this option.


Specifically, in the state of New Jersey, you may be eligible to receive a lump sum workers’ comp settlement which practitioners might often refer to as a “Section 20” or a “lump-sum” dismissal.


However, this type of settlement does have its limitations.


By accepting a Section 20 Settlement, you essentially agree to accept the lump sum in exchange for a dismissal of your workers’ compensation claim. When you accept this lump sum settlement, you are thereby giving up any rights to future medical treatment, temporary disability benefits, permanent disability benefits, vocational rehabilitation services – and any other benefits or compensation that you would be awarded through a workers’ comp claim.


And, if you accept a Section 20 Settlement, you are not eligible to reopen the claim if your condition continues to grow worse over time.


Why Would You Accept a Section 20 Settlement?

If you are currently involved in a work injury claim, then you most likely already know how tricky workers’ compensation claims can be. That being said; is a lump sum of compensation worth dropping the benefits awarded in a workers’ comp claim?


In some particular and unique cases, yes. Since a Section 20 Settlement is final, this type of settlement should only be considered if the risks associated with taking the case to trial are detrimental enough to make dropping any future rights granted through a workers’ compensation claim worth it.


And, while taking the “easier” and quicker way may seem much more appealing at the moment, you have to remember to think in the long-run scope as opposed to just the short-term; which can be rather difficult since you are going through such an emotional and stressful time in your life.


How do You Know if You Should Accept a Section 20 Settlement?

As you can most likely imagine, the Section 20 Settlement route is usually preferred by the employer more so than the claimant. This is because it is an opportunity for the employer to put an end to the issue for good; meaning they will not have to follow up with the workers’ compensation claim and put an end to your case for good.


So, is it a wise idea to accept a Section 20 Settlement from your employer rather than seeing your claim through? The answer will vary depending on the important details of your case, and should not be decided without serious consideration and experienced counsel.


Get a Work Injury Lawyer Who Can Help You Decide

Obtaining an injury on the job is never an ideal situation, and should not ever be taken lightly. While you might be overwhelmed by the intimidating world of workers’ comp claim, you should make sure to consider all of your options with the help of a knowledgeable attorney in the employment field.


Navigating a work injury claim on your own is never the best way to seek the compensation you deserve. If you are considering filing a claim following a work injury, or are already in the process of filing a claim, you should reach out to an experienced lawyer straight away to explore your options.


If you believe you are entitled to workers’ compensation or want to explore other possible benefits available to you following a work injury, give the Law Offices of Goldberg & Wolf a call today at (856) 651-1600 so we can guide you on how to go about filing your claim.

Work Injury Lawyer: How to Prepare for Winter Workplace Hazards

How to Prepare for Winter Workplace Hazards

As winter rolls in, we feel relieved of saying goodbye to the heat. On the other hand, depending on what part of the country you live, a lot of your days might be snowed in. Not only does this pose a challenge for day to day life, but it also creates issues while commuting to work and also for people who’ve got to work outdoors.


The first snowfall is always something people are not so mindful of. Most people forget to slow down, and as a result, their vehicle skids trying to maneuver around the ice on the road. Brakes might not engage as easily as when the conditions were dry. At workplaces, there are multiple cases of slips and falls because of slipping on ice on the steps that was either not cleaned, or there weren’t any signs. Slips and falls account for the highest work injuries. Most workers who are hurt on the job employ the services of a work injury lawyer to get the best representation for their case.


To keep a workforce healthy and injury free, workplaces should think ahead and prepare beforehand. It helps in keeping workers aware of the hazards that come with the onset of winter. Here’s a list of things to keep in mind while putting together a safety checklist for a workforce when winter is just around the corner:


Safety While Driving: No matter whether you are driving to work or driving on the job, winter can add to your worries and you’ll need to be extra cautious. From vehicles not starting up, car breakdowns on remote highways, and ice covered roads, you should keep yourself prepared for emergencies.


It’s always a good idea to take your vehicle for a thorough winter check before the start of the season. Also, make sure the wiper fluids are undiluted; otherwise, they could freeze. It’s a good practice to keep a set of a scraper, a snow brush, and shovel with some antifreeze fluids. A winter survival kit might also be a good thing to invest in if your area has received heavy snow in the past.


Make sure your vehicle’s tailpipe isn’t clogged and also DO NOT keep the heater on for extended periods of time with all of your windows rolled up. Apart from that, make sure to check out the weather and road conditions on your local news channels before you head out.


Ongoing Safety Training At Work: There is a multitude of things that people need to be made aware of to keep them out of harm’s way.


Constantly remind your workforce through training and handouts about what is expected from each one of them. Designate people with responsibilities and also plan for backups in case of no-shows or people missing work in case of health issues.


Winter Gear: Depending on the type of workplace, companies might need to invest in winter gear like snow boots or gloves to be safe from frostbite or hypothermia. Scrapers and shovels also might be necessary if workers are going to be outdoors.


Power: Electricity is another critical element. Not only having provisions for backup power but also testing them periodically to make sure they are working is vital. Also, consider training supervisors to turn the power on in case it doesn’t switch on automatically.


Fluid Replenishment: There’s a common misconception among people about dehydration happening only in summer. On the contrary, it can also happen during the winter due to the layers of clothing people wear to keep warm which can lead to rapid dehydration. In severe cases, it may lead to dizziness, fatigue, and cramping.


Workers need to be made aware of the ill effects of dehydration and encouraged to keep themselves adequately hydrated.


In summary here are general guidelines to keep workplaces safe in winter:


  • Areas in and around the workplace where hazards like slips and falls could occur should be identified before the onset of winter.


  • Put systems and processes in place to make the potential hazard sites safe by marking, clearing up in the event of snowfall. If possible move operations to a safer site.


  • Review hazard areas regularly and keep workers aware of potential weather changes. Work areas should also be kept well lit and clean.


In the event of a slip, fall or severe injury at work during winter, you should reach out to a workers’ compensation lawyer to help you through the complex process of filing a claim and making sure that you get what you rightly deserve. Give Goldberg & Wolf a call at (856) 651-1600 or contact us to find out if your case qualifies, and the amount of compensation that you could claim.

How a Shoulder Work Injury is Handled When Working in New Jersey


How Work-Related Shoulder Injuries are Handled in New Jersey


Workplaces are prone to a lot of mishaps. People get injured in various ways at work. Shoulder injuries are relatively common. Some of the most common causes of shoulder injuries are:


  • Holding a single position for an extended period
  • Experiencing ongoing, intense vibration
  • Static load, which is carrying your body weight or part of it for a duration of time
  • Experiencing extreme temperatures, and
  • Holding your arms above your head or heart for an extended period or on a consistent basis.


The types of work tasks that tend to cause wear-and-tear shoulder injuries include:


  • Sorting and assembly
  • Stocking and retrieving products
  • Loading or unloading materials
  • Typing or frequent use of a mouse


Employees who meet with any work injury are liable to receive workers’ compensation. Workers’ compensation is defined as “a remedial social legislation to ensure that employees injured on the job will be paid without regard to fault.”


There is workers’ compensation specific to shoulder injuries. Workers’ compensation for shoulder injuries are treated like any other work injury. There are five main benefits which can be enjoyed by the injured employee under the New Jersey workers’ compensation law:


  1. Medical benefits to pay for the treatment required to recover from any shoulder injury
  2. Total disability benefits to replace the wages lost while being off work or on light duty and thereby earning lower wages.
  3. Permanent partial disability benefits to compensate for any permanent impairment or loss of function to any body part (legs, arms, fingers, toes, lungs, etc.) as a result of the injury.
  4. Permanent total disability benefits to compensate the injured employee if he/she is permanently and impaired due to a work-related injury and cannot return to any productive employment
  5. Death benefits to be paid to the employee’s dependents if he/she is killed or dies; as a result, a work-related accident or injury.


A person’s shoulder can be injured in various ways, some which are long-lasting compared to the others. The most common shoulder injuries are:


  • Dislocation of the shoulder joint
  • Strain to the muscles around the shoulder and upper back
  • Impairment of range of motion
  • Damage to rotator cuff
  • Nerve damage
  • “Frozen” shoulder and
  • Bursitis


The rotator cuff tear is one of the most common types of work-related shoulder injuries. An MRI scan is required to diagnose this kind of shoulder injury. Surgery which is mandatory may still result in recurring problems with the shoulder. Chances of 100% recovery are slim.


A life-altering problem with your shoulder can make it difficult for you to return to work. If your job requires you to lift heavy objects or carry out repeated motion or exertion, continuing in that same kind of work would become difficult.


You may be out of a job until you are well enough to continue in the same position. In most cases, New Jersey workers’ compensation only provides wage replacement benefits for a fixed amount of time, which will then lead to a reduction in the amount of your total disability benefit.


Your workers’ compensation claim for a shoulder injury may be opposed by your employer. Very often employers or its insurer claim that a shoulder injury was a pre-existing condition or that it was not job-related. Work injury lawyers would be your best option in such a situation. If you have suffered a shoulder injury at work, trust your case to an attorney with a record of success.


They can help injured workers by proving that their shoulder injury was genuinely the result of an accident. Working with an experienced New Jersey workers’ compensation attorney can ensure that you receive the proper medical treatment while maximizing the amount you receive as compensation for the wages lost.


Any resulting impairment you have as a result of your workers’ compensation shoulder injury can also be dealt with. Apart from recovering all the workers’ compensation benefits, you are entitled to, they also make sure you get an appropriate disability rating with an apt lump-sum settlement if you are not expected to fully recover from your shoulder injury.


In cases of shoulder-injury accidents in which a subcontractor, property owner or manufacturer has liability, you may be entitled to file a third-party personal injury lawsuit for compensation above and beyond workers’ compensation benefits.



The work injury lawyers at Goldberg & Wolf, in Cherry Hill, NJ, have compassion for your plight and real courtroom litigation experience needed to tell your story to the jury and win your workers’ compensation case. Contact us today at (856) 651-1600 for a free consultation.

Be Careful What You Post Online After Sustaining A Work Injury

Be Careful What You Post Online After a Work Injury


Apart from being connected to our near and dear ones and knowing what is going on in each other’s lives, today the information available on social media can sometimes work against us. You can unknowingly jeopardize your chances of employment if your employer finds out information that contradicts what you have declared on file. There are also various instances where a person has lost a legal battle or compensation claim where they were hurt on the job because the pictures they shared on social media depicted a different story.


A work injury affects your life in more ways than one. From having to take time off from work to recover from injuries or living with disability in serious cases. A lawsuit aims to recover damages because the injury you suffered at work is taking a toll on your life. On the other hand, the defense lawyer will try to find proof of the fact that your life is not negatively affected and try and prove that you are exaggerating.


It would not be wrong to call our generation social media obsessed. Sharing selfies and instant images of our day to day happenings on facebook, twitter, and other social media platforms have become like second nature. Even with people fighting for privacy rights, the amount of information that you post online, which is available for the taking is mind-boggling. Social media is now being used a tool by insurance carriers and investigators to conduct investigations. If you were hurt due to a work injury, you should avoid posting images or put out statements which are contradictory and could harm your workers’ compensation claim.


We came up with four critical things that you should keep in mind when you plan to post something online, while you’ve filed a personal injury claim.


Don’t Post Negative Comments About the Defendant:  It’s natural to be angry about an injury that was caused by the negligence of the defendant and was no fault of yours. An extension of venting can include going on social media and announcing it to the world. This is an absolute no-no.


There have been a lot of cases where the party who’s suing is labeled as “sue-happy” and rightly so because they have exaggerated their claims and have got away with it.  You will make it easy for the defending lawyers to use the hateful post against you, and claim that you’re just out to malign their name.


Don’t Post Details of Your Accident:  Your family and friends might rightfully care for you and might want to know of your progress after an accident. But it’s not a good idea to post pictures or update your status on social media. It could seriously damage your chances of receiving the compensation you deserve, thus end up costing you a fortune.


It will work against you if it can be proved from your accounts on social media that you’ve recovered beyond what you have claimed or your activity level is more than what’s required to claim compensation. Though your intention might be just to update your near and dear ones with progress, always keep in mind that the other side is watching.


Don’t Use the “Check-In” Feature: Social media, especially Facebook now has location tracking capabilities. You can use this to let people know where you’ve been. In normal situations, it gives your friends or colleagues who are in the vicinity an opportunity to catch up. Even in distress situations, it can help track you down.


When it comes to claiming compensation for your work-related injury, it’s a good idea to stay away from using this feature. While you are recovering, if you are out and about especially visiting places where an injured person shouldn’t be in the first place; checking-in can be interpreted that you aren’t as immobile as you claim to be. This could be perfect grounds for you lose your compensation claim. It is wise to stay away from this feature until you have completely recovered or your case has reached a logical conclusion.


Check Your Privacy Settings: Make sure that your privacy settings are set to the maximum before you post anything. Images shared by your friends and family members should also be restricted so that only known people can access those. Posts from your timeline before the date of injury could also cause issues to your injury claims case.


For example, even if you post an earlier picture of you involved in a demanding physical activity after you have filed a case can make your claim look fraudulent. It might not matter if the picture was taken earlier.


Being cautious is better than falling prey to unmindfully posting updates on your social media platform that the other side can use against you.


If you have suffered a work injury and are seeking compensation, you need an experienced work injury lawyer to help you navigate your case and receive the compensation to which you are entitled. Since 1992, the attorneys the Law Offices of Goldberg & Wolf have been dedicated to winning our clients’ work injury cases and getting them the benefits they deserve. Contact us today at (856)-651-1600 to speak with a member of our legal team regarding a case or to schedule a free consultation.

What to Know About a Work Injury Caused by Third Party Negligence

What you should know about injuries caused by third-party negligence?

Recently my friend Paul (a limousine driver) met with an accident. His limousine was rear-ended by a truck. Thanks to heavy traffic the impact was not too much but, my friend suffered some serious back injuries which will keep him out of work for at least a couple of months, if not more. He has been advised to file for third-party negligence in addition to workers’ compensation.

Who could be termed as the “third party” in the case of a work injury?

Third party liability or negligence comes into play when a work injury is caused by someone who doesn’t work for your employer, similar to what happened to Paul. The third party as the name suggests is another person or entity who is not your employer.

Here are a few examples of who are categorized as the third party:

  • Companies who manufacture and/or distribute toxic materials (without proper safety  instructions)
  • Manufacturers and distributors of defective machinery or unsafe products
  • Manufacturers of unsafe equipment which are used in industry
  • Motor vehicles belonging to a third party which has been involved in an accident
  • Property owners who put others at risks due to their negligence like not clearing sidewalks after a snowfall, not putting up caution signs)

All of the above can cause people at work to suffer significant injuries as a result.

We have made it easy for you to identify the term “third party” negligence in the following situations where you can file a personal injury lawsuit and claimed compensation related to your injuries:

  • You are on the road in a company vehicle or a paid vehicle doing company related work, and you meet with an accident. Then the person who causes the accident is the third party.
  • You get injured due to defective tools or products. The manufacturer is the third party and can be liable.
  • You get injured when a delivery truck is trying to pull into the bay of your warehouse. Since your injury is caused by the truck driver, he becomes the third party.
  • You get injured due to a toxic substance manufactured by a third party.

Unfortunately, workers’ compensation doesn’t cover everything. There’s no compensation for your pain and suffering, or disfigurement, or wage loss beyond the limits of workers’ compensation.

The only way to recover these additional damages caused by a third party (someone other than your employer or coworkers), is a personal injury lawsuit against the equipment supplier, manufacturer or driver (in the case of road accidents).

You would need to prove the following in order to establish your claims:

  • A duty existed: It was the duty of the “third-party” to keep you free from harm.
  • Breach of duty: The “third-party” didn’t adhere to their duties of keeping you safe.
  • There was an injury: You as a victim suffered damages.
  • Cause: Their (third-party) negligence caused your injury.

The important point to note when filing for third-party negligence is to make sure that you can prove or have facts that the injury was indeed due to their fault. Consultation with a work injury lawyer is important when filing for third party liabilities. Third party claims can allow an injured worker to claim 100% compensation and wage loss for the past and future. 100% of the medical treatment can also be claimed along with compensations for the pain and suffering.

The possibility of financial recovery from a personal injury case caused due to third party negligence may be greater than what could be recovered in a normal workers’ compensation claim. Your employer can also stake a claim on the compensation benefits that you receive from the third party negligence.

Work injuries as the result of third-party negligence can be confusing. If you have questions regarding a case or want to speak to a representative, the attorneys at Goldberg & Wolf are more than happy to help. Contact a member of our legal team today at (856) 651-1600 for more information.

NJ Construction Workers Often Suffer Back-Related Work Injury

New Jersey Construction Workers Often Suffer Back-Related Work Injuries


Construction workers are vulnerable to work-related back injuries. Working at construction sites is a physically taxing job, that is a known fact. It involves a lot of heavy lifting, lugging big loads, bending at awkward angles and also involves the risk of falling from heights. For construction workers; this implies a constant threat of getting hurt on the job.


Injuries to the spinal cord or back muscles can hinder a worker’s movement. So, it wouldn’t be wrong to assume that a back-related work injury could put a worker out of action at least for some time.


There could be a number of reasons for back injuries taking place at construction sites.


  • Repeated stress injuries happen if a repeated movement puts a strain on the back. For instance, bending at an abnormal angle on a regular basis over a period of time can leave a worker’s back susceptible to injury.


  • Spraining back muscles can also result in an injury, and this is pretty common. For example, a worker could get hurt while twisting the back and carrying a heavy load at the same time.


  • Workers could also hurt their backs due to a fall or collision with a heavy object.


Back injuries are not always immediately apparent. If the work injury is due to a fall or an accident which results in back pain or any other back-related symptom, the association between the two events can be made right away. However, there are times when the association is not as clear.


A worker who maintains improper posture while carrying out his duties or work-related activity is more likely to suffer a back injury if the action continues for many days at a stretch. Or a worker who needs to push, pull, or carry heavy loads on a regular basis could also sustain a back injury that might not be visible immediately. In such cases, the injury will manifest itself after a period of time, usually in the form of pain or stiffness in the back.

As soon as a worker gets the feeling that the back might be injured, he or she should consult a doctor. In most cases, the doctor will advise the patient to undergo scans of the back like an MRI or X-Ray to determine the type of injury as well as its severity.


Treatment of back injuries varies based on the type and extent of the injury. Depending on the severity of the injury, the worker might be advised active rest of back muscles by refraining from strenuous activities. In some cases, complete bed rest might be advised as well.


Treatment for back injuries usually involves physiotherapy, strengthening exercises, or sessions with a chiropractor. The doctor might prescribe pain-relieving medication if necessary. In some severe cases, surgery could be the only solution.


The pain from back injuries can be quite intense, but timely treatment can help resolve the issues. Scans to determine the extent of damage and a particular line of treatments can be quite expensive, though. Injured workers who are advised to rest will also end up missing work. Workers are entitled to receive workers’ compensation to cover the expenses incurred from a work-related injury.


Workers who get hurt on the job should consult with a work injury attorney to understand their rights and ways to file a compensation claim. Construction workers in New Jersey who sustain work injuries can get compensation benefits which could cover their medical costs entirely. Discussing your case with an experienced attorney will help you figure out the way ahead.

If you’ve been a victim of a work-related injury, but your employer is trying to lowball, you will require a team of seasoned lawyers by your side to get a just compensation. Contact the Law Offices of Goldberg & Wolf at (856)-651-1600 to speak with a member of our legal team regarding your case.

Are You Aware Of What Constitutes A Work Injury?

Are You Aware Of What Constitutes A Work Injury?

Ever had a bad day at work? We all do, don’t we? But if you’re injured at work there’s no way to tell at that point on how bad things might get. Most people are aware that if there’s a work-related injury,  Workers’ Compensation has them covered.

Let’s take a look at what constitutes a work injury.

An injury or an illness can be considered work-related if it aggravates a pre-existing condition and/or exposure or an event at your work environment cause an illness or injury.

What is the “work environment”?

OSHA defines the work environment as “the establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations but also the equipment or materials used by the employee during the course of his or her work.”

However, according to OSHA, there are some exceptions to what can be considered a work injury. Being aware of these exceptions is good. An injury is not considered work-related if:

  •       You were present at the site where the injury occurred as a general public and not as an employee.


  •       The signs of injury appear when you are at work but are actually due to a non-work related event or exposure that occurred outside the work environment.


  •       The injury came from something you had voluntarily participated in. Examples could be a blood donation drive that you participated in, or the flu shots you got, or injuries sustained while playing sports.


  •       You are injured or taken ill at work due to eating or drinking contaminated food bought from outside. Imagine you got food poisoning because of eating a contaminated salad that you brought to work. This will not be considered as a work-related injury.


  •       You are injured doing personal tasks outside your workspace.


  •       You self-inflict an injury or take medications for non-work related injuries.


  •       You have a common cold or flu.


  •       You have a mental illness unless a doctor certifies that the illness was caused due to the work you do.


  •       You meet with an accident on the work premises while commuting to and from work. This exception is not all black and white, as there have been cases where compensation has been awarded. It’s best to consult with a lawyer who specializes in work-related injuries to know if your case qualifies.

So you must be wondering what types of injuries are covered by workers’ compensation. You will most likely be covered by workers’ compensation if:


  •       You are injured in the company’s cafeteria while you are having your meal since it is on the company’s premises.


  •       You sustain injuries while on a company outing, annual meet or any other company sponsored event.


  •       You suffer an accident or injury while traveling for work related to the company.


  •       You have a pre-existing condition and your job aggravates or elevates it. For example, if you’ve had a lower back injury before and it is amplified, or sustain injuries in the same area because you were lifting heavy objects at work then you are most likely to be covered under workers’ compensation.


  •       If you lose your hearing because you work in a noisy environment like a construction site.


  •       You develop a mental condition because of trauma at your work.


However, it is very important that you report an injury immediately. Delay in reporting may affect the benefit amount you would be awarded. You should remember the fact that every injury is a unique one and you might not always be aware of the best possible outcome for your scenario.

That’s why you should always consult a work injury lawyer before taking any decision.  If you or someone you know has been injured on the job, contact The Offices of Goldberg & Wolf at (856) 651-1600.  

If you are in the Pennsylvania area and are in need of a workers’ compensation representative, contact the attorneys at Krasno Krasno & Onwudinjo.

Top Mistakes to Avoid When You Get Hurt at Work

If you got injured at work, your mind would be flooded with many questions.

What should you do next? What will happen to your family, especially if you are the sole breadwinner? Who will pay your bills? How serious are the injuries and will you have to be admitted to the hospital? And possibly the most important question….Will you get workers’ compensation?

These questions are valid, and almost every one of them leads to the last question and whether or not you get workers’ compensation. Logically you should be eligible for workers’ compensation, but there are certain actions you could do without realizing that it can potentially ruin your chance for compensation.

One of the most important things to keep in mind when you get injured at work is not to panic. Panic often fogs your mind, and it is possible that something that might seem harmless at the moment could affect your workers’ compensation benefits.

So if you or someone you know is injured at work here are six things you should avoid doing:

  1.    Delay in reporting the injury: Pennsylvania law requires you to report the injury within 21 days of the incident occurrence. If you’ve allowed 120 days to pass and still have not reported, anything then you risk forfeiting you workers’ compensation benefits.

In New Jersey, the time you get to report an injury at work is 14 days from the day you have been injured. Timely reporting is the key to getting benefits through workers’ compensation. If you are unsure if your injury qualifies or any other doubts regarding workers’ compensation, then you must consult a work injury lawyer immediately.

  1.    Give anything in writing or recorded a sworn statement: Your employer may ask you to give a recorded or written statement after you report any injury.

You should avoid doing anything of this sort, as this could be used against you by your employer in a court of law. If you’re in doubt, a free consultation with a workers’ compensation lawyer could be very helpful.

  1.    Pretend that you haven’t got injured: Pretending that you have not got injured will only worsen your injury and might even make you incapable of working. It can also impact your compensation benefits.

Legally an employer cannot intimidate you and make you retract your claim. Also, the workers’ compensation fund of an employer is separate from their financial assets, so it doesn’t affect their finances in any way.

  1.    Sign any document: Your employer or his agents might ask you to sign documents which look like a settlement or release.

Signing on the dotted line without knowing the legal implications or without prior consultation with your lawyer could hurt what you stand to gain financially as a part of workers’ compensation. Signing a settlement or a release might not keep your best interest first.

  1.    Publish anything about your injury on social media: We all have the habit of opening up our lives and sharing the day-to-day happenings on social media.

Your employer’s’ insurance firm could scrutinize your social media posts. They also might look through your posts for information that could be used against you. If they do find anything substantial, it could jeopardize your compensation claim.

  1.    Forget to document: Make sure you keep all records of doctor visits, hospital bills, and medical records. These will serve as evidence and will also be used to determine compensation that needs to be granted to you.

If you forget to document or preserve an injury related expense, it will be difficult for you to make your case for those expenses. Make sure you ask your workers’ compensation attorney on the types of documentation that are permissible.


To ensure the success of your case, contact Goldberg & Wolf today at (856) 651-1600 for a free consultation!

Injured While Commuting – Will Workers’ Compensation Cover my Injury?

Generally, if one is injured while commuting to or from work, they are not covered by Workers’ Compensation. However, several exceptions do exist.

Some of the exceptions include:

  • Employees who have no fixed place of work. An example of this is if a salesperson or service person works in the field.
  • Employees who are on-call. Any injuries that have occurred while commuting to or from the job may be compensable.
  • Employees who are injured while driving a company car. Depending on the circumstances concerning the incident, workers’ compensation may apply.
  • Employees who are traveling for business. Any injuries that have occurred while traveling on business will likely be covered.

If you are injured while commuting to or from work or driving between designated appointments, it is advised to contact a qualified work injury lawyer to ensure the most favorable outcome.

Does Workers’ Compensation Apply to a Lunch Break Injury?

An injury that occurred while away from the work location is usually not covered. However, if a worker’s job description includes food delivery, an injury may be compensable.

If the injury is sustained at an employer-sponsored social event, such as a birthday celebration at a restaurant or the workplace, workers’ compensation may apply. If an employee’s attendance was expected by the employer than workers’ compensation can apply regardless of whether the employee is on or off the clock.

When Workers’ Compensation Doesn’t Cover the Damages

Many people will believe that the case is closed if injuries occur off the clock or offsite. That is not necessarily true.

An injured worker has the right to file a personal injury lawsuit outside of the workers’ compensation system. Workers’ compensation doesn’t include punitive damages for lax safety or dangerous conditions, nor does workers’ compensation cover pain and suffering.

If the responsibility for the injury lies with a third party or the employer, a personal injury lawsuit may be in order.  If the injury is a result of a defective product or a toxic substance, the manufacturer may be liable.

Additionally, social security disability benefits may apply if an injury results in a partial or total disability.

Note:  If the employer does not have workers’ compensation insurance, the injured worker can sue in civil court. There may also be a state fund from which to collect.

Does Workers’ Compensation Apply in Cases of Employee Misconduct or Illegal Acts on Job?

Workers’ Compensation laws were developed to protect employers from liability while ensuring workers’ injuries would be covered. This is regardless of most circumstances but also with the exception of many self-inflicted injuries.

Although an employer may state that misconduct may be a factor in the determination process, even the criminal activity does not automatically disqualify a worker from workers’ compensation benefits.

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