The Evolution and History of the Workers’ Compensation Law

Through the centuries, the definitions of words have changed, going through a metamorphosis. They have also developed synonyms and slang terms. This occurs in any industry and for any product.

For example, the word automobile became auto and then a car. They mean the mean the same thing. However, a person may use “auto” while another individual may use “car” based on where they live and from social influence.

The same can be said of workers’ compensation. The system not only went through many changes to form the workers’ compensation we know today but in name as well. It has many names, most commonly still used is workmans’ compensation. But how where did this phrase come from?

How Workers’ Compensation Began

According to The Iowa Orthopaedic Journal, workers’ compensation law dates to ancient Sumeria. The law of Ur-Nammu in 2050 B.C. provided monetary compensation for workers’ body parts that were injured on the job.

From there, it went through many changes to focus more on the employer than the employee. In the late Middle Ages, the legal framework of workers’ compensation was formed and was defined by three principles, which lasted until the Industrial Revolution:

  • Contributory Negligence: If the worker was at fault for his injury, then the employer was not responsible.
  • The “Fellow Servant” Rule: If the worker’s injury resulted from the carelessness of a “fellow servant,” then the employer was not responsible.
  • The “Assumption of Risk:” Employees did not realize the danger of their jobs when they signed their contracts. But by signing the contract, the employee assumed the risks that came with the job. These contracts became known as “worker’s right to die” or “death contracts.”

In the nineteenth century, the only way for workers to get compensation was to sue their employer. This was a costly process, and few workers were victorious.

The biggest change to workers’ compensation came with Chancellor Otto von Bismarck in the late 1800’s in Prussia. Bismarck needed the support of the working man, so he created the Workers’ Accident Insurance in 1884, which was followed by the Public Pension Insurance.

It provided a stipend for workers injured from non-work related illnesses and Public Aid for those who became permanently disabled. These programs fueled the notion of providing care to workers hurt on the job across Europe and then to the United States. The focus on the employer was now shifting to the employee.

It wasn’t until many failed attempts by varies states in the U.S. that the federal government created a law (1908) that would cover workers involved in interstate trade. The first workers’ compensation passed in 1911 in Wisconsin. By 1948, every state had workers’ compensation legislation.

Universal Tenets of Workers’ Compensation

Although workers’ compensation laws vary from state to state, they all have these tenets:

  • Employees can receive workers’ compensation benefits even if the worker is at fault.
  • Employees cannot sue their employers if they receive workers’ compensation benefits.
  • Employees can sue third parties (i.e. product manufacturers) that caused their injuries.

How Workmans’ Compensation Became Workers’ Compensation

Just as the framework of workers’ compensation changed over the centuries, its name changed too. In 1880, the English called it “workingmen’s compensation” when Parliament passed the Employers Liability Act.

In 1897, this Act was replaced by the Workmans’ Compensation Act. It wasn’t until the twentieth century in the United States, did “workingmens’” became workmans.’ This change occurred in Florida as they were formalizing their own state-run workers’ compensation system.

In 1978, the state’s workmens’ compensation provided workers with a schedule of benefits based on the type of injury. Workers received a lump sum payment to cover medical bills. Soon the “wage loss concept” took root and system were renamed workers’ compensation (or workers’ comp).

Many still use the term workmans’ compensation (or workmans’ comp) because of the changes Florida made to its workers’ compensation laws. They all mean the same thing: monetary compensation for medical bills and wages lost during recovery.

Hurt at work? Don't know what to do? Contact Goldberg & Wolf

Need Help?

Here, at Goldberg & Wolf Law Firm our experienced attorneys can help you with your Workers’ Compensation claim and understand the complex workers’ compensation law. To speak to one of our highly qualified attorney’s contact us or call us at 856-651-1600.

Remember that workers’ compensation law differs from state to state, if you need help in Pennsylvania reach out to our good friends at Krasno Krasno & Onwudinjo.

Understanding the New Jersey Workers’ Compensation Process

The NJ Workers’ Compensation Process

It’s a well-known fact that laws differ from state to state, and workers’ compensation laws are no different. If you are residing in the state of New Jersey and get injured at work, then here is what you need to be aware of when you are filing for a workers’ compensation.

 

Benefits under workers’ compensation

If your claim is accepted, then you are eligible for workers’ compensation benefits. You may be eligible for medical, disability, partial and/or permanent benefits when you are injured at work or have contracted a condition that is work-related.

 

Medical benefits: Treatment for your work-related injury or disease is covered under medical benefits. Medical benefits include physiotherapy, hospital visits and other procedures that could be required in your case.

Under New Jersey law if you have a work-related injury then your employer or the insurance provider of your company may choose your doctor for treatment. Your medical bills may not be covered if you choose a doctor who isn’t authorized by the insurance provider for treatment.

 

Temporary disability: If you are out of work or are unable to recover from your work-related injury for seven or more days then you are eligible for temporary disability benefits. In New Jersey, you will receive 70% of your wages, subject to the maximum limit set by the state. The temporary disability benefits end when your doctor certifies you are fit enough to start work again.

 

Permanent Partial Disability: If you have sustained a permanent injury, like a disabled finger, but are still capable of doing some work then you may be eligible for permanent partial disability. These benefits start once you have reached a point where no further medical treatment can improve your condition.

The amount of benefits depends on the disability rating assigned by your doctor and also on the part of the body part you have injured. The NJ workers’ compensation rulebook consists of a list which contains the injury and the number of benefits for each that you would be eligible for.

 

Permanent Total Disability: If your work injury makes you permanently disabled then you may be eligible for permanent total disability. You will receive a weekly payment which is similar to a pension. The ceiling of the benefit amount is 70% of your average weekly pay.

You can refer to the State of New Jersey Department of Labor and Workforce Development website.

 

Filing a Claim

In New Jersey, you must file your workers’ compensation within 90 days of your injury. If you do not file within the stipulated time, then you may lose the right to claim your benefit. Once you notify your employer, he, in turn, will notify his insurance company. The insurance company files your claim, and you start receiving benefits once your claim has been approved. If you claim is denied then you can appeal against it.

 

Appealing for a Denied Claim

You can file a claim if your benefits were denied or there was a dispute between your employer and you. You can file a Formal Claim Petition or Application for Informal Hearing. After filing, your case will be assigned to a court and judge depending on your county of residence. A formal hearing takes longer to resolve than an informal one.

Whatever your case may be, there are certain things you must remember when you file a claim.

  • Do not agree to give any recorded or sworn statements. It may work against you.
  • Talk to a work injury lawyer before filing your claim.
  • If your employer lures you for a settlement, then do not agree to it. Your benefits will most likely be lower than what you will get with workers’ compensation.

 

If you have been injured at work, you are not alone. An experienced workers’ compensation attorney at Goldberg & Wolf can help you navigate through the complex process of filing a claim and make sure that you get the compensation you are entitled. Contact the Law Offices of Goldberg & Wolf today at (856)-651-1600 for a free consultation.

Governor Christie’s Impacts on Workers’ Compensation in NJ

These are the new laws that have been put in place by Governor Christie which has had impacts on workers’ compensation in New Jersey.


Opioid Law

Governor Chris Christie on February 15, 2017, signed a new law that is meant to regulate opioid prescription. Also, by signing the new law, he has mandated insurance coverage for substance abuse treatment. This is not a fault of his, as New Jersey ranks third in the US for overdoses related to opioid, and is probably signed into effect keeping this fact in mind. Most commonly asked questions by practitioners licensed by the Board of Medical Examiners are outlined by NJ Consumer Affairs.


So, it’s still a great move even despite some of its shortcomings. According to this law, someone suffering from acute pain will be given a prescription for five days. But it does let the doctor renew the prescription for twenty-five days in case the pain doesn’t subside. This stands
in contrast with the seven-day prescription plan used by other states.

 

Workers’ compensation insurers are one of the beneficiaries of the new law. They will benefit from the reduction of the useless and unnecessary medication prescribed to some acute pain patients.

 

However, the insurers are expected to pay for any unnecessary follow-up visit by any patient, even when it is obvious that the person in question will need more than five days of prescription.

 

Loss of funds is one of the factors; add to it the loss of time for repeated doctor visits. And
that is one of the reasons why the Medical Society of New Jersey opposed it.



The law is meant to prevent addiction. Though, it might adversely affect patients suffering from acute pain. Patients with other types of pain might need opioids in stronger doses.

 

Veto of the bill for Correctional Officers:

Governor Christie’s has also vetoed a bill that paid correctional officers injured on duty. He has cited fiscal issues for this measure.

 

Previously officers, who were hurt on the job by inmates or due to other injuries, were paid full salaries on their time off recovering. After the veto came into effect they will be only eligible for workers’ compensation which is significantly lower than their salaries. It will also limit sick leave and injury benefits under state laws. Anything categorized by “serious injury” will
have a cap of six months of benefits pay.

 

In spite of this, the corrections officer union and some of the bill’s sponsors are optimistic about working through the kinks and having a bill that will be favorable for everyone.

 

Restoration of Pay for Workers Furloughed During State Government Shutdown:

Though Gov. Christie wasn’t keen on paying for more than 30,000 employees who were off the job for 3 days, he has promised to sign a bill for reinstating pay if the legislature would send him one. He denies the fact that he has any executive powers to reinstate retroactive pay.

 

 

Compensation of Workers’ Compensation Attorneys:

On January 12, 2016, the New Jersey Governor (Christie) turned down a proposed statute which would have increased fees for work injury lawyers. The bill would have allowed workers’ compensation attorneys to collect fees on any payment made by employers to
injured workers before any compensation judgment will be issued.


His rejection of the statute was because of his belief that the law would have a negative impact on immediate relief for injured employees. Although, under New Jersey laws, employers could voluntarily offer payments within the 26 weeks that the employee has either returned to work or has medically healed from the injury.


This law has been in place for a while, and unlike it, the new law would create effects not seen before. The proposed law, if it came through, would have hurt employers and employees alike, to the benefits of workers’ compensation lawyers.

 

If you have been injured at work, you are not alone. An experienced workers’ compensation attorney at Goldberg & Wolf can help you navigate through the complex process of filing a claim and make sure that you get the compensation you are entitled. Contact the Law Offices of Goldberg & Wolf today at (856)-651-1600 for a free consultation.

The Most Important Facts About Workers’ Compensation in New Jersey

The History of Workers’ Compensation in New Jersey

The State of New Jersey leads all other states in the United States for encouraging and advocating the law and legislation related to safeguarding workers rights. The workers’ compensation law came into effect in this state in the year 1911, primarily for safeguarding injured workers. Prior to Workers’ Compensation law, employees who got injured during employment were forced to file a suit against their employers for negligence and carelessness under the common law.

 

It used to be a long process and would create various troubles for the injured worker. It would leave them without medical benefits or any source of income till the time the case was pending at the court. Apart from that, many who alleged would be proved futile due to the multiple shields available to the employer under common law, such as the assumption of risk and contributory negligence.

 

In 1979, the Workers’ Compensation Act was reformed. A selective blue ribbon panel including representatives from the government, labor and different industries conducted a thorough study contributing to such reform. The primary objective of this modification was to increase benefits to the critically disabled workers. Considerations were also given to cost-of-living for permanently or totally disabled employees, Second Injury Fund beneficiaries, and dependents of deceased workers.

 

Functions of the New Jersey Division of Workers’ Compensation

The New Jersey Workers’ Compensation Act aims to set up a fair balance between the requirements of the employers and the injured workers of the state. The Act is established to protect both, the employees and the employer. Injured workers receive temporary disability benefits, practical and essential medical care and a reasonable award for permanent disability. Employers get workers’ compensation employer defense in the form of protection from costlier litigation and proceedings.

 

The NJ Workers’ Compensation Act is administered by the Division of Workers’ Compensation (DWC). The department also disposes of any dispute raised under Workers’ Compensation Act. The Division ensures that the injured workers receive reasonable and timely compensation benefits from their company and the insurance carriers of their employers through two specific programs:

 

Workers’ Compensation

When the employer and the injured employee are unable to resolve their arguments over workers’ compensation benefits cordially, the Division offers an impartial and fair forum to mediate and arbitrate disputes, if required. Such functions are carried out by the administrative and judicial personnel of the Division.

 

Administrative Staff

The administrative staff of the Division manages the general functions of the Workers’ Compensation (WC) Act. They are responsible for the reviewing, recording, processing and entering the data of the case. The staff collects the statistics and maintains the records of reported injury as well as assigns and schedules informal hearings and claim petitions. The administrative division also processes the requests for copies of case files required by the workers’ compensation attorney.

 

Judicial Staff

Judicial staff are the Supervising Judges, Administrative Supervising Judges, and Judges of Compensation. Their responsibilities include intervening and adjudicating the workers’ compensation disputes as well as evaluating the proposed claims’ settlements.

The ruling of the judicial staff is binding, and they have the authority to make all critical decisions related to workers’ compensation claim and settlement.

 

Office of Special Compensation Funds

The office includes Uninsured Employer’s Fund, Compliance Enforcement, and Second Injury Fund. They are responsible for enforcing the regulation that needs employers to lock the necessary insurance coverage through self-insurance schemes or secure them from insurance carriers. The Office of Special Compensation Funds also provides medical expenses and provisional disability benefits to injured workers. It provides benefits to all those employees who are already partially disabled and experience a work-related injury resulting in a complete disability.

 

Contact a Workers’ Compensation Attorney

If you have been injured at work, understandably you are going through a lot. An experienced workers’ compensation attorney at Goldberg & Wolf can help you navigate through the complex process of filing a claim and make sure that you get the compensation you rightly deserve. Contact the Law Offices of Goldberg & Wolf today at (856)-651-1600 for a free consultation.

What is Workers’ Compensation and How Does it Help Your Claim

What is Workers’ Compensation?

You might have heard about several incidents about employees getting injured at work. Work-related injuries are inescapable despite several precautionary measures adopted by the employer. Ryan, an employee at a private manufacturing unit, injured himself while trying to operate an ‘out of order’ machine. He was not aware that the machine was not to be touched as the machine wasn’t labeled ‘out of order.’

Ryan, in this case, is eligible to receive workers’ compensation because the incident occurred due to employer’s negligence. Under workers’ compensation laws, an employee who gets injured during work is entitled to insurance coverage including cash benefits or medical care provided by the employer.

Workers’ compensation requires the employer to pay the medical expenses and lost wages of the injured employee. And no employee is asked to contribute to such compensation as instructed by the Workers’ Compensation Board, which is a state agency. The Board processes the claims and determines the settlement amount. It also decides whether the injured employee should get medical care, cash benefit or both if a dispute arises.

Though the workers’ compensation policy may vary from state to state; the New Jersey State Department of Law and Public Safety, provides legal advice and litigation support in such cases. The workers’ compensation cases are primarily handled by the DRM (Division of Risk Management). They are responsible for deciding the budget, approving and processing the claims including cash benefits, expenses for medical treatment, permanent or temporary disability and any other related claim.

Workers’ compensation facts are treated as ‘no-fault’ cases, and thus, the amount that the claimant receives doesn’t decrease due to his/her negligence nor does it increase due to the employer’s fault. But if you are an employee and addicted to drugs or alcohol; you would certainly lose your right to workers’ compensation. You might also lose your claim if you are injured or if you had the intent to injure someone else while you were under the influence of alcohol or drugs.

When the insurance carrier and/or employer believe that the injury is work-related, the claim is paid off. If the employer refuses the claim, the worker may contact workers’ compensation attorney, and the judge has to intervene and award the final decision. The claimant is entitled to disability benefits until the final decision comes.

A workers’ compensation attorney may also be contacted if the worker is dissatisfied with the settlement amount. Hearings related to workers’ compensation are administrative proceedings which take place in a separate court.

Since every state may have its own workers’ compensation policy, some states allow employees to sue the third party if the injury occurred due to defective machinery or materials provided by the third party vendor.

Workers’ compensation coverage is made mandatory for every employee by the state. However, the state law allows certain exemptions for small companies with five or lesser employees, independent contractors, farm hands and domestic workers.

While processing the workers’ compensation, it is important to determine whether the injury is work-related or not; any injury that occurs during the course of employment is a work-related injury. This does not imply that the worker has to be physically present at the office premises at the time of the accident. If he/she was traveling as was required by the employer, it also constitutes the work-related injury.

Most importantly, no employer shall be held liable for any compensation until the notice of work-related injury has been given to the employer. Workers’ Compensation Statute requires the employee or someone on his/her behalf to report any work-related injury to the employer within fourteen days from the time of occurrence of such incident.

If you or your loved ones have been in an accident at work, understandably you’re going through a lot. An experienced workers’ compensation attorney at Goldberg & Wolf can help you navigate through the complex process of filing a claim and make sure that you get the benefits that are rightly deserved. Contact our legal team at (856)-651-1600 regarding your case.

Everything You Need to Know About Workers’ Compensation in NJ

Workers’ Compensation in New Jersey

Residing and working in New Jersey can be a pleasure, especially in the summer. Unfortunately, the experience can be suddenly reversed when you find yourself stuck in the middle of a workplace accident.

 

This accident might result in an injury, or worse, a disability. Well, you do not have to spend anxious moments worrying about the medical expenses that will follow. Your employer is supposed to take care of that via the New Jersey workers’ compensation legal stipulations.

 

The long process of filing for workers’ compensation can appear to be intimidating, but do not let this deter you. This is because your claim for reimbursement for being injured on the job is going to be met. Your employer is required to carry insurance that covers work-related injury expenses. So do not worry, you are sure to get justice once you confront your employer by getting in touch with a workers’ compensation lawyer.

 

However, before getting started, it helps to become aware of workers’ compensation in New Jersey. Be sure not to make a claim without knowing the facts first. Here is a checklist to follow closely:

 

  1. Prepare a report, preferably in some form of writing, carefully stating the reason and location of the accident that resulted in your injury. It is advised to follow the set procedure for reporting the incident to your employer.

 

  1. If you find out the carrier of the workers’ comp is required to compensate your medical bills, be prepared to visit an authorized medical professional for treatment. You are likely to lose your claim otherwise.

 

  1. Do not be worried if the carrier decides that you do not need further treatment, especially when your doctor is recommending you to continue with treatment. A workers’ compensation attorney can help you fight this bluff and get you the help you need.

 

  1. Being hurt on the job in New Jersey entitles you to claim benefits for temporary disability especially when you have been confined to a hospital bed for seven days or more. You are likely to be awarded 70% of your wages subject to the minimum/maximum limits. However, returning to your job may not be possible after just a week, so do not forget to have this advice authorized by your doctor.

 

  1. If your employer or the carrier refuses to compensate you adequately for temporary disability, but your doctor’s advisory says otherwise, you are still well within your rights. Be sure to contact an attorney for further information on how to dispute this.  

 

  1. You are entitled to certain workman’s compensation in New Jersey regardless of the limitations. Do not hesitate to consult an experienced lawyer specializing in workers’ compensation when your employer declines to pay for partial disability that is permanent in nature. However, there are a number of regulations to adhere to, so it is best to request a lawyer to assist you in making the claim.

 

  1. Being involved in a crash or sustaining injuries by falling from a height is not the only reason to claim workers’ comp. You are entitled to compensation even when you suffer from discomfort due to specific ‘occupational exposures.’ However, you cannot just make a simple claim. You need to have your claim substantiated by a medical professional. It would be wise to endorse the fact by taking the assistance of an attorney as well.

 

Do not wait to file your workers’ compensation claim, and contact a workers’ comp lawyer as soon as possible to avoid any complications down the line. Using the services of a qualified and experienced workers’ comp lawyer in New Jersey can help assert your rights and get what you deserve.

 

If you have been injured at work, understandably you are going through a lot. An experienced workers’ compensation attorney at Goldberg & Wolf can help you navigate through the complex process of filing a claim and make sure that you get what you rightly deserve. Contact The Law Offices of Goldberg & Wolf today at (856)-651-1600 for a free consultation.

Workers’ Compensation: Hurt on the Job and Common Work Injuries

Providing a safe work environment is the goal of every employer. Sometimes this is achieved by protection in the form of supervision, protective gear, and training. However, we live in an unpredictable world. A work injury can happen at any time and anywhere.

Workers need additional protection, and this comes in the form of workers’ compensation. Workers’ compensation provides the injured with peace of mind. Knowing that if there is a work injury, the employee will have his or her medical expenses paid and receive lost wages really eases stress.

It’s interesting to note that there are common workplace injuries that occur in a number of industries, for example:

  • Healthcare
  • Construction/Industrial
  • Farming
  • Fracking/Marcellus Shale
  • Manufacturing
  • Shipping/Logistics Management
  • Utility Companies
  • Transportation (Buses, Railroad, Trucking)

Some of these injuries seem easy to prevent by wearing protective gear, watching where you’re going or inspecting equipment before use, but there are employers and employees that take shortcuts to save time and/or money. The most common work injuries are:

  • Repetitive Motion Injuries: These are injuries that affect the back, wrists, knees, and shoulders. When a worker constantly bends down, lifts something or moves an object, wear and tear can damage muscles, tendons, and ligaments. They can also cause a sudden injury as well.
  • Machine Entanglement/Crushing: Heavy machinery and equipment can cause a worker to get caught in a machine by clothing or hair. Someone who works with heavy products, such as drywall can be crushed if the stack of drywall sheets falls onto him or her.
  • Vehicle/Trucking Accidents: These accidents can be caused by a driver who is careless, under the influence, sleep deprived, a mechanical issue, or just human error.
  • Workplace Violence: Over the years, there have been increasing reports of violence at work from a disgruntled employee or patient. Most all of these incidences involve a gun and fatalities.
  • Walking Into Injuries: This is when a worker walks or runs into something, such as a wall, window, glass, hole …etc. There are injuries to the head, arms, and legs.
  • Falling Objects: When an object falls from shelves, at a high height or dropped by another worker causing a head and/or back injury. For example, in a warehouse, one worker is stocking items on a high shelf and accidentally pushes a box causing to fall off and hit another worker in the aisle on the other side.
  • Bodily Reaction Injuries: When a worker reacts to a slip or fall and injures him or herself. The worker does not fall, but the jerking motion can cause muscle injuries, such as a strain or tear.
  • Falling: When a worker falls from a certain height or on the same level. This type of injury is most common with construction workers. Workers fall from roofs, ladders, scaffoldings, and stairways. A worker can also fall from faulty equipment. For example, a worker can fall out of the basket of a boom or scissor lift because the latch on the gate was broken.
  • Slipping & Tripping Injuries: These accidents can happen on wet floors or by tripping over an object. An auto mechanic can slip on grease that was left on the drive or in a bay. A worker can trip on a cable, tool or piece of material that was left out. They can mainly cause back and head injuries.
  • Overexertion Injuries: The name of category can be misleading. Overexertion means pulling, pushing, lifting, holding, carrying, driving and throwing. They produce musculoskeletal issues, such as torn ligaments and muscle spasms.

The People Most Affected by Work Injuries

Aside from the injured worker, the family of the worker is the most affected because the loved one has been hurt (or even killed) and they must deal with the medical bills, scheduling of treatments, other costs, and wage losses.

This is a traumatic experience for both the injured worker and family; the family must put their lives on hold until their loved one has recovered. If their loved one has been permanently disabled, the family must adapt to a new lifestyle and become caregivers.

This causes a domino effect because the second group that is affected are the other employees. They could have their hours cut or wages lowered due to the higher insurance premium.

Companies that receive the services from the injured worker’s company may experience less service or products. This, in turn, may cause extra procedures to be implemented by employer potentially causing shortages and leading to increased prices for consumers, who may then choose to use another service or product.

Hurt at work? Don't know what to do? Contact Goldberg & Wolf

Need Help?

If you have a question, need some more information or just have questions, our attorneys at Goldberg & Wolf are more than happy to help. Do not think twice about contacting us or calling today at (856) 651-1600 and we’ll be in touch with you very soon.

Workers’ Compensation Facts: What to Expect When Filing a Claim

When filing a workers’ compensation claim in New Jersey, there are many hidden aspects of the law. Below are some facts about New Jersey’s Workers’ Compensation law:

  • An employer must provide medical treatment related to the accident that will provide a “cure.”
  • The injured worker must use a physician that is approved by the employer for treatment.
  • The employer is obligated to pay ALL of the medical bills, which includes co-pays, prescriptions, physical therapy, medical devices, and deductibles.
  • If physical therapy fails, the worker may be referred to a specialist.
  • Temporary benefits will end when the physician declares the worker’s condition has achieved “maximum medical improvement,” the worker returned to work, or the worker has reached the statutory 400 weeks.
  • The New Jersey Workers’ Compensation Law provides medical benefits, temporary disability benefits, permanent partial benefits, permanent total benefits, and death benefits.
  • There are some circumstances where extended treatment is warranted. The worker must contact a workers’ compensation lawyer to see if he or she is eligible.
  • The labor law in New Jersey states that the worker is entitled to 70% of the worker’s gross weekly wage. The worker cannot receive more than $896 per week and less than $239 per week.

 

  • The worker must be under the care of an approved physician and not able to work for a full seven days before receiving wage replacement.
  • On the eighth day, the worker is out of work, he or she qualifies for workers’ compensation benefits. Please note: The worker can be out of work for a total of seven days, and they do not have to be consecutive.
  • The worker will receive benefits if the physician declares the worker is unable to work or can work in a limited capacity (light duty).
  • If the employer can provide light duty work, the worker must return to work and perform the job duties.

 

  • When the worker is left with a permanent injury and cannot perform his or her old job duties, the worker may have rights under the Americans with Disabilities Act or the New Jersey Law Against Discrimination.
  • The employer is not obligated to open a new position for the worker if he/she can not go back to their old job due to the injury.
  • An employee will receive workers’ compensation benefits regardless of who is at fault. It is against the law for an employer to discriminate against an employee who has filed a workers’ compensation claim or the employee who testifies in a workers’ compensation case.
  • If the workers’ compensation claim is disputed, the worker may file a formal claim petition or an application for an informal hearing with the Division of Workers’ Compensation.
  • By law, New Jersey employers not covered by federal programs must have workers’ compensation insurance or be approved for self-insurance.

 

  • Partial permanent disability benefits are based on the percentage of certain “scheduled” and “non-scheduled” losses. For example, a “scheduled” loss involves arms, fingers, legs, feet, eyes, ears or teeth. A “non-scheduled” loss includes any area or system of the body not identified in the schedule (i.e. the lungs and heart).
  • If the worker is permanently disabled and cannot be gainfully employed, the worker may receive permanent total benefits for 450 weeks. These benefits can extend beyond 450 weeks provided the worker can prove he or she cannot work anymore. A permanent total disability is when the worker has lost two major members of his or her body (i.e. hands or legs). It can also mean that a combination of injuries has rendered the worker unemployable.
  • An employer or its insurance company is responsible for paying up to $3,500 for funeral expenses for the worker who was killed from a work-related injury.

Hurt at work? Don't know what to do? Contact Goldberg & Wolf

Need Help?

Goldberg and Wolf is a top firm in New Jersey that deals with Workers’ Compensation cases. To speak to one of our attorneys, contact us at (856) 651-1600.

These workers’ compensation facts may not apply to you if you were injured in another state, this is because workers’ compensation laws differ from state to state. If you were hurt at work in Pennsylvania and need help with your claim, contact our good friends at Krasno, Krasno & Onwudinjo.

The Steps to Take to Receive Workers’ Compensation For a Work Injury

What To Do If You Are Hurt At Work

A worker who gets hurt on the job is likely to go through many emotions. Fear is the predominant one.There is a great deal of uncertainty and insecurity involved, uncertainty in terms of handling the situation and insecurity about the future of his or her job.

 

Almost all workers working in Pennsylvania are covered by the state’s workers’ compensation law. In New Jersey as well, most companies are expected to protect their employees by providing them with workers’ compensation through insurance.

 

To get workers’ compensation, there are some important points to keep in mind. Following these measures can help make the entire process smooth.

 

Timing is Crucial:

If you get hurt at work, the first step is to inform your company of your injury immediately. If the injury is not reported right away, your chances of getting a claim could be adversely affected. The reason why timing is important is that most states have a time window within which a work injury must be reported to the employer. Also known as the statute of limitations.

 

The Pennsylvania Workers’ Compensation Act mandates that an employee must report their injury to their company within 21 days of it taking place. In New Jersey, the reporting time is 14 days in most cases.The employee also has an additional 30 day and 90 day window for reporting the injury. A significant delay could, however, increase the possibility of the claim getting declined.

 

The Form of communication:

Try to ensure that you submit your injury report in writing. Verbally communicating to your supervisor might be enough, but it is better to not take a risk. Having written proof of the communication is always better, as it can act as evidence in the event of a discrepancy.

 

Write a detailed letter describing your injury and the cause behind it. Your company might make an accident report for you. If they are preparing the report, make sure you get a copy and keep it secure.

 

Filing a compensation claim:

Once the company is notified of your injury, they will file a ‘First Report of Injury’ with the insurance company. Once the insurance company has details of the accident and the injury, a compensation claim can be filed. The insurance company will file a report with the state according to the state’s worker compensation laws.The insurance carrier will then review the claim and decide whether they will accept it or reject it.

 

Medical treatment:

If your injuries need medical attention, find out from your company the list of pre-approved doctors that you can consult. If you go to a doctor of your choice, one that is not approved by the company, there is a chance that you might not be able to claim worker compensation. So, it is advisable to go through the medical channel approved by your company.

 

Hiring an attorney:

Working through the various legalities of claiming compensation can be overwhelming. This is why engaging a work injury lawyer is a good idea.

 

In case of any claim related disputes with your employer or insurance company, a competent lawyer can help in resolving the issues and making sure that you don’t lose out on getting your dues. Having a lawyer can be particularly useful if your company tries to wrangle out of filing a claim for you, citing reasons like the injury not being work related for example.

 

A work injury lawyer can guide you through the various steps and procedures involved in getting the compensation you deserve for getting hurt while at work. A lawyer’s priority will be to protect your interests.

 

The Law Offices of Goldberg & Wolf specialize in workers’ compensation and work injury cases. If you or someone you know has suffered a work-related injury while on-the-job, contact our legal team at (856) 651-1600 for a free consultation.

Workers’ Compensation for Carpal Tunnel Syndrome in the Workplace

Workers’ Compensation for Carpal Tunnel

 

CTS or Carpal Tunnel Syndrome can turn out to be a real downer. Not only is it a nagging pain and suffering on your part, that is generally caused by repetitive work, it could also hamper your day to day life. Often times your employer could dismiss your claims for leave or be compensated for the injuries.

 

Look at the instance of Robert who was told that his HR manager will fight tooth and nail to dismiss his claim of workers’ compensation for CTS. “There’s no way you could develop carpal tunnel syndrome in only a year and a half working for this company,” were her exact words. So where should Robert go now with his wrist Injury?

 

Well, Robert is certainly not alone in battling the world. Almost all employers happen to be dismissive of a similar claim. Unfortunately, it is the situation that makes it so. The employer usually contests the claim of his hapless employee and tries to prove that CTS isn’t really a work injury or wasn’t caused by working at their facilities. The onus of proving that the condition had occurred due to work related practices is on the employee now.

 

Carpal Tunnel Syndrome: What Is It?

 

Let’s first get a few basic facts right. Sadly, the injury is not obvious nor does it warrant staying confined in a hospital bed for a period of time. Therefore the employee could not have been hurt at work before he had been diagnosed with CTS that caused the median nerve at his wrist to snap.

 

Medical science reveals that the Carpal Tunnel Syndrome develops over time and is the cumulative effect of going through the same motions over and over again. Sure, this may occur on the job but again it is difficult to conclusively prove that. You will need a seasoned doctor’s report, someone who has dealt with such cases before and also the help of a work injury lawyer to make your case.

 

Does CTS Deserve Compensation?

 

Statistics reveal that almost 500,000 Americans develop this condition every year and have to undergo a surgical procedure to get it rectified. Yes! Having the condition completely cured makes it rather difficult to claim worker’s compensation. It is definitely not deemed to be an ideal ‘hurt on the job’ situation because in worst cases a surgery can permanently cure the pain. It takes about 4 weeks or longer to get back to normalcy. Doctors would advise you to stay away from heavy lifting or repetitive work for longer periods of time depending on your situation.

 

Medicos, however, recommend rest and medication for relief instead of surgery when the injury is in its earlier stage. If diagnosed early it can save you from permanent nerve damage. Again, it might warrant a modification of responsibilities at work. The latter pronouncement usually makes the employer see red as he/ she becomes wary of retaining an employee who is restricted at work plus being forced to provide him with adequate compensation.

 

How to Get it Resolved?

 

Well, you can still go ahead and claim compensation if you have a valid reason. If you have to keep typing for hours on the job or are a carpenter or a mechanic who works with vibrating tools repeatedly then you may definitely be able to pursue your cause claiming it to be a work-related hand injury. Rest assured, almost all States recognize the condition as a medical injury that is liable to be compensated by the employer.

 

You can claim compensation for:

 

  • Medical expenses
  • Loss of use of the hand
  • Loss of wages

 

You may also be able to find other legal avenues open and successfully claim

 

  • Personal injury
  • Social Security disability

 

The best way forward is to contact a qualified legal advisor who specializes in workman’s compensation.

 

If you or someone you know feel that you may be entitled to compensation for a work-related injury, please feel free to contact the Law Offices of Goldberg & Wolf at (856) 651-1600 for a free consultation.