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How to Avoid Getting Fired While on Workers Compensation

By Albert Talone | January 13, 2020 | 0 Comments

Employers aren’t allowed to retaliate against you for claiming workers compensation. The law also prevents them from discriminating against you on the basis of your new disability. This does not mean you have air-tight protections against getting fired. Indeed, there are several mistakes you can make which will make it easy for your employer to terminate you. Mistake #1: Failing to Comply With Employer Policies For most workers compensation benefits the lack of compliance comes from a failure to follow bureaucratic process. Some employees assume that their employer “already knows” they’re being treated for injuries and that they cannot return to work yet. In truth, you’re required to check in and provide doctor’s notes just as you would be required to check in for regular sick days. If the doctor says you cannot work for three months you can bring that documentation to your employer and you should be safe.

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What Happens When You Hire a New Jersey Workers Compensation Attorney?

By Albert Talone | December 30, 2019 | 0 Comments

First, let’s talk about when you should think about hiring an attorney. Unless your injuries are minor you should think about hiring an attorney even before shenanigans begin. While you might be in the small minority of people who never have a problem working their way through the process, the truth is you’re far more likely to deal with an employer who is going to try to make life hard for you. Employers want to fire you quickly if you’re on workers compensation, just as soon as they have a legal reason to do so. They want to pay as little as possible for your injury. If you try to return on light duty there are employers who will ignore the doctor’s instructions and put you on unsuitable tasks in an attempt to pressure you into a “take it or leave it” situation. In short, employers are not your friends,

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Will Workers Compensation Cover You if You Get Injured at a Holiday Party?

By Albert Talone | December 16, 2019 | 0 Comments

There isn’t much time before Christmas, but there’s still a lot of holiday partying between now and then. There’s also the New Year. Both holidays, and other holidays celebrated at this time of year, can mean holiday party invitations start showing up in your inbox.  Thinking about how workers compensation might intersect with your party may not be the first thing on your mind. You’re probably thinking about what you want to wear, or whether you’ll have to buy any gifts. Still, it’s important to know what happens if you get injured, because in some cases your party attendance could be covered by workers compensation. There are a handful of instances in which parties could be compensatable.  The party happens every year. Parties that happen on an annual basis are considered to be “regular incidents of employment.” This would cover any party that you can expect to roll around like

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When Can You Sue Your Employer for Negligence?

By Albert Talone | November 29, 2019 | 0 Comments

Most of the time, New Jersey workers compensation law shields employers from personal injury lawsuits. The idea is the workers compensation insurance takes care of most of the same issues that a personal injury suit would.  Indeed, prior to the establishment of workers compensation law in the state, employees had no choice but to launch personal injury suits if they were injured on the job. Workers compensation was supposed to serve as a trade-off. It’s cheaper for employers to carry workers compensation insurance than it is for them to go to court every time an employee gets injured, and injured employees are more likely to receive compensation, if in lesser amounts than they would have received with a successful personal injury suit. But what if an employer is grossly negligent, to the point of engaging in heinous behaviour? What if that behavior then leads to the employee’s death or injury?

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Are Volunteers Covered by Worker’s Compensation?

By Albert Talone | November 16, 2019 | 0 Comments

Recent news tells us the State of New Jersey is charging Uber $242 million in back taxes and has ruled that they have misclassified their contractors as employees. Once again, the question of who is or isn’t an employee is on the minds of many workers’ compensation attorneys, as well as many who have been classified as independent contractors in the past.  This gives us a timely opportunity to explore other people who perform labor outside of the traditional confines of a regular full or part-time job with benefits.  At first blush it might seem obvious that volunteers should receive protections for their unpaid labor on behalf of the community. Many volunteers certainly do not stop to wonder whether they’re covered by workers compensation. Human nature ensures most of us don’t think about the worst until it happens. It also ensures a sense of trust, a vague idea that if

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New Bill Could End Misclassification of Independent Contractors

By Albert Talone | October 31, 2019 | 0 Comments

The Portable Benefits Act is a proposed piece of legislation which would make it less profitable for companies to misclassify employees. Employers who use 50 or more contractors in twelve consecutive months must contribute funds to a Qualified Benefit Provider. This would be the lesser of $0.25 for every dollar of consumer sales, or $6 per hour worked by each worker, prorated by minute. Thus, it may be cheaper to go ahead and hire whoever they want to use full time. Or, depending on the number of independent contractors used, it may be less expensive to classify them correctly than it would be to inflate the numbers.  Portable benefits could also open up new protections for the over 127,000 temporary workers in New Jersey. Temp workers are already entitled to worker’s compensation under New Jersey law—the temporary agency is supposed to take care of it. That doesn’t mean they always

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Can I See My Own Doctor in a New Jersey’s Worker’s Comp Case?

By Albert Talone | October 18, 2019 | 0 Comments

When you’re in the middle of a worker’s compensation case it’s vital to know how to navigate your  medical care. Certain missteps can cause you to take on medical bills worker’s compensation insurance would have paid. In a New Jersey worker’s compensation case, your employer and your insurance company can dictate your medical care, including which doctor you see. If you wanted to use your own doctor, or a doctor from a different insurance network, then you’d have to seek prior authorization from the insurance company. Failing to do so can make you responsible for those bills. The only exception is the ER doctor you receive when you take the initial injury. That doctor can be from any network or hospital and worker’s compensation would still generally be required to pick up that bill. Thus, you should not see your own doctor for any procedures or tests related to your

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Worker’s Comp for Workplace Altercations?

By Albert Talone | September 28, 2019 | 0 Comments

If you read “Does Fault Matter in a NJ Worker’s Comp Case,” then you know worker’s compensation generally will not be awarded in cases where an employee gets injured by violating company policy. This usually includes workplace altercations. However, there are always some exceptions. One exception came up in a case that was decided by the court of appeals earlier this year: Arvind Bhut vs. Aluminum Shapes.  The case was an unusual one. Two employees got into a tense confrontation where, according to the courts, each felt the need to defend themselves from the other. In the course of the conflict, Arvin Bhut injured his shoulder. The court ruled as follows: “The judge of compensation found as fact that neither petitioner nor Stevens intended to hurt the other when they encountered each other outside of the locker room. Stevens’s and petitioner’s actions were merely self-protective. Petitioner swung his arm toward

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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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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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