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Does “Fault” Matter in an NJ Worker’s Compensation Case?

By Albert Talone | September 11, 2019 | 0 Comments

In some states, employers and employees can get into protracted battles over whose negligence caused a workplace injury. Not so in New Jersey, which is a no fault state. This means that in New Jersey, it simply doesn’t matter whether you made an honest mistake which contributed to your injury. You are still entitled to worker’s compensation benefits.  The “no fault” provision benefits employers, too. Employees in New Jersey are barred from bringing a personal injury or negligence suit against their employers. They rely on worker’s compensation instead.  Thus, even if your employer decides to dispute your claim the issues of fact will usually be whether you have a permanent disability, to what degree you’re disabled, and whether you could return to work. In some cases the employer will be disputing where and how you took the injury, claiming it did not happen at work or represents a pre-existing condition

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Are You a Misclassified Employee?

By Albert Talone | August 29, 2019 | 0 Comments

On August 6 of this year, the governor signed off on the new Wage Theft Law. While this law doesn’t mention worker’s compensation directly, it does draw attention to the fact that employers in New Jersey regularly misclassify workers. The Department of Labor estimates that over 12,000 employees have been misclassified across the state, and that up to 30% of New Jersey employers engage in some form of employee misclassification. They do this by claiming employees as independent contractors.  In addition to helping them skirt wage and overtime laws, misclassification makes it easier for employers to skip out on paying worker’s compensation insurance for those employees.  And while New Jersey does have an Office of Special Compensation Funds to help employees who weren’t covered by employers, you may find yourself in the position of having to prove you were misclassified if you wait until you need that money. It may

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Employers Commit Workman’s Comp Fraud Too

By Albert Talone | August 21, 2019 | 0 Comments

Often, when people start talking about worker’s comp fraud all the focus is on employees who fake injuries, who fail to disclose pre-existing conditions, or who exaggerate the severity of injuries so they can live off workers comp funds without going back to work.  But employers commit fraud as well. And it’s important to realize that filing a claim against your employer can be to your benefit when genuine fraud exists.  They’ve failed to obtain insurance at all. This form of fraud exposes your employer to criminal penalties. According to New Jersey Law, they can be sent to jail for up to 18 months and assessed a $10,000 fine. In the meantime, a fund exists to pay benefits if you are a victim of this kind of fraud, through the Office of Special Compensation Funds. They’ve classified you incorrectly.   In New Jersey employers must obtain worker’s compensation insurance for

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What Happens When a 3rd Party Injures You on the Job in NJ?

By Albert Talone | July 30, 2019 | 0 Comments

Third parties are involved in New Jersey worker’s compensation cases more often than you might think. In fact, one of the jobs your New Jersey worker’s compensation lawyer should be doing is identifying any other third parties who might be involved. For example, if you were driving for work and got into an accident than the third party would be the other driver. If you were using equipment or products on the job and these items injured you because they were defective, the manufacturer of those products is a responsible third party. If a subcontractor failed to follow a safety process and injured you, then the subcontractor becomes the third party. And if you were injured on someone else’s property while working a job for your employer, then the property owner becomes a responsible third party. This is actually good news, though it can make your case a little more

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What to Do If Worker’s Compensation Denies A Medical Procedure

By Albert Talone | July 19, 2019 | 0 Comments

One of the most frustrating things about dealing with worker’s compensation is dealing with the insurer itself. It’s not uncommon for your doctor to recommend a treatment, only to have the insurance company deny coverage for it. It seems intensely unfair. How can an insurance adjuster, who never went to medical school, look at you and your doctor and tell you that your procedure isn’t “medically necessary?“ Or, how can they say the procedure that’s been proposed has nothing to do with the injury you took on the job, when it’s so clear and obvious that it has everything to do with it? See also: Repetitive Stress Injuries and NJ Worker’s Comp. The problem is, insurers stay in business by looking for every reason to deny coverage they can find. They aren’t really concerned with straightforward common sense or fairness. They’re concerned with making a case that allows them to

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3 Mistakes That Can Get You Accused of Workman’s Comp Fraud

By Albert Talone | June 30, 2019 | 0 Comments

Workman’s compensation fraud is serious. It is a crime, and it carries steep penalties. Many people immediately think of workers who fake injuries when they think of workman’s compensation fraud. Or workers who claim disabilities well after healing has taken place. And this form of fraud does, in fact, happen. So does a form of fraud perpetrated by employers, who fail to obtain or maintain adequate workman’s comp coverage. But there are simple mistakes that good, honest workers make when they are dealing with workman’s comp that can get them accused of fraud, even if all their actions were innocent. #1) Failing to report changes in employment status. “Misrepresenting your job status while collecting disability benefits” is one of the first definitions of workman’s comp fraud in the statute as written. Any change in work status must be reported both to your employer and to the insurance company. This could

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What Happens After You Reject a NJ Workman’s Comp Offer?

By Albert Talone | June 20, 2019 | 0 Comments

As in any case where insurance companies are involved, you will typically receive some sort of settlement offer in your case. And at times, the offer won’t be a very good one. Fortunately, you can reject the offer. And the case isn’t over when you do. See also: 8 Workman’s Comp Mistakes to Avoid. Step #1: Your NJ Workman’s Comp Attorney Renegotiates the Settlement The next step requires an attorney if you don’t have one already. Your attorney will sit down with the insurance company and a Judge of Compensation. Together, everyone will review the settlement offer and discuss the problems that caused you to reject it. Usually the insurance company will issue a new offer. See also: Delay in Your Workman’s Compensation Claim: What You Can Do Step #2: Evaluating the New Offer If, after discussing the new offer with your attorney, you determine that it’s fair and workable,

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Repetitive Stress Injuries and NJ Workman’s Comp

By Albert Talone | May 30, 2019 | 0 Comments

Repetitive stress injuries (RSI) have been making headlines lately. While carpel tunnel is the most well-known of this family of injuries, there are many others. These musculoskeletal disorders can also strike knees, shoulders, the rotator cuff, the lower back, and the elbows. And if your work is causing these injuries, they’re covered by workman’s comp. Determining Whether RSIs are Work Injuries To close off avenues whereby your employer may challenge the work-based nature of the injury, it’s important to cover your bases. Your first step will be to go see your own doctor. Bring a job description. If the injury is aggravated every time you work, that’s a good clue that it’s work related, but a doctor can verify it. Note that you are not trying to establish that no other activity exacerbates the injury. If you’re having problems at work you may be having problems at home, too. What

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5 Ways You Can Lose Your Workman’s Comp Benefits in New Jersey

By Albert Talone | May 9, 2019 | 0 Comments

Employers don’t love watching their workman’s comp premiums go up. They don’t love holding a job for an injured worker. And insurance companies don’t love paying claims. So there are dozens of little legal loopholes these entities can slip through.You can avoid handing them the ability to slip through some of them by avoiding actions which give them an excuse. Here are some of the most common reasons workman’s comp benefits get suspended or denied. Avoid these actions to keep the flow of benefits coming. 1. Failing to report the injury to your employer. While it seems counter intuitive, it’s important to report the injury to your employer. And you should do your best not to leave the scene of the accident until you’ve done it.This establishes a few important facts. That you were on the job, and not, say, on break, when the injury occurred. That the employer is

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8 Workman’s Comp Mistakes to Avoid

By Albert Talone | May 1, 2019 | 0 Comments

Workman’s compensation isn’t straightforward. Like any legal proceeding, there are a lot of steps to get through. And that means a lot of places you can derail your own claim if you’re not careful. #1) Failing to report to your employer. Creating an incident report and giving it to your supervisor and HR is going to be your first step unless you’re unconscious and unable to move after your injury, or are too hurt in other ways. Reporting starts the claim. And while this might worry you, the truth is the incident report is the first piece of evidence the accident took place on the job. The last thing you want is for your employer to try to make a case that the injury took place while you were at home. Remember, “fault” doesn’t enter into a workman’s comp claim. What matters is that you were injured while working, period.

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The Law Office Of Albert J. Talone
The Law Office Of Albert J. Talone is committed to providing for those with Workers Compensation cases throughout New Jersey.
302 N Washington Ave #101
New Jersey
United States

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