PTSD is back in New Jersey news after a recent proposal to create a temporary task force to study and provide recommendations of the identification and treatment of pandemic-related PTSD, looking for ways to identify new, alternative, and innovative methods to diagnose and treat the disease.  New Jersey is one of the few states that allows workers compensation payments for PTSD. Yet you must be able to prove that your PTSD stems directly from a workplace incident.  New Jersey has recognized work-related stress since 1992, though the case was a depression case rather than a PTSD case. Still, it offers groundwork and precedence to have work related mental health injuries recognized.  These could include violence at work, lingering trauma from another workplace injury, a car accident, or a lasting pattern of abuse or stress from customers or managers. However, workplace stress and abuse can be extremely difficult to prove. PTSD

Chronic pain and chronic fatigue are growing endemic within the working population. Fibromyalgia, which has no cure, is one such condition. It has no cure, and it can put an end to anyone’s ability to work full-time. While you may think it is difficult to prove that fibromyalgia would be a work-related injury, the truth is that up to 40% of sufferers end up with fibromyalgia as the result of a “triggering event.”  To claim workers compensation for this condition, you will need to prove both that you have fibromyalgia, and that the fibromyalgia was caused by workplace conditions.  Proving You Have Fibromyalgia Doctors are getting better at diagnosing fibromyalgia. There are specific symptoms they can look for. In addition to chronic fatigue, pain, and cognitive impairments, they can identify specific tender points that hurt when pressure is applied. Doctors can also ask about a group of symptoms and the

An ambulance in New Jersey usually costs around $600 plus $10 per mile, which means no ambulance bill is cheap. Plenty of people are afraid of high hospital and medical costs.  Yet if you were injured on the job in New Jersey such that you require an ambulance, you do not have to worry. An ambulance is a medical expense, and ambulances are part of the treatment costs. Of course, most employers try to discourage you from calling an ambulance and want you to go to your own doctor instead, but if you need one you should be able to get one without fear.  New Jersey law allows them to dictate what doctor you can see, but they can’t keep you from going to the ER fi that is where you need to go. Of course, unless you are unconscious you are the one making the call in many cases,

On January 10, 2022, Governor Phil Murphy signed SB771 into law. This bill added new language to the New Jersey Revised Statutes Title 34: Labor and Workers Compensation which specifically covered employer-providing parking and how it relates to workers compensation claims. Essentially, if an employer provides parking then as soon as the employee arrives on the lot prior to arriving at work they’re at work, even if the parking lot is some distance from the office. So long as the employee travels directly from the parking area to the place of employment upon arrival. By the same token, once the employee leaves their work site they’re still covered by compensation on the walk from that site to employer-provided parking, so long as they proceed directly to the parking area.  This is a reversal of the previous “coming and going” rule.  This law arose in response to a case, Hersh v.

One in four of New Jersey’s worker is an immigrant. That’s 1.4 million workers comprising a total o 29% of the labor force. That’s plenty of people who are at risk for getting hurt on the job! Many of these immigrants are also undocumented, even as they contribute to the local economy. Fortunately, all New Jersey workers are eligible to receive workers compensation benefits. Immigration status does not matter and should not be a bar to recovery. Will I be deported if I claim workers compensation benefits? Some employers do threaten workers with deportation if they try to claim their benefits.  While it might not hurt to talk to an immigration lawyer as well as a workers compensation lawyer, the truth is employers may not retaliate against employees for claiming workers compensation. If an employer tries to threaten you, you should tell your workers compensation lawyer right away. I only

Many people do not realize that there is more than one type of workers compensation settlement here in New Jersey. Choosing between these settlements will depend on many factors, including the severity of your injury and your needs after the accident.  It may also depend on whether or not the insurance company has any grounds to deny your claim, or to reduce it. For example, if the insurance company is attempting to claim that you had a pre-existing condition that complicated your claim then you’ll have to fight harder than someone who was in good health prior to their accident. Type 1: Section 20 A Section 20 is a lump sum settlement that is most often used when the insurance company wants to deny your claim, or significantly reduce it. Once you accept this settlement your claim is done with. In this settlement, there is a “genuine issue of dispute”

Worried about what it will cost to hire a workers compensation attorney?  Did you know you don’t even have to worry about coming up with a retainer or an hourly rate? Workers compensation attorneys work on contingency, which means they don’t even get paid until your case is brought to conclusion. Here’s everything you need to know about what your lawyer gets paid, and how much. Who pays the legal fees? The employer is responsible for paying up to 60% of your attorney’s legal fees if you are forced to take your case into court. The judge also makes the determination as to the percentage of the claim that should be given to the attorney. Typically the percentage is 20% of the entire workers compensation case award. So if your case is worth $100,000, then your lawyer gets paid $20,000, but only $8000 comes out of your settlement because the

The question of when you are “officially” at work can be very important to your worker’s compensation case. Unfortunately, the answers to when you are officially at work can vary from case to case. Here are a few examples. In Your Company Parking Lot As of this writing you are protected when you arrive at a parking lot owned by your company. But if you have to travel off-premises to get to your work building then you won’t be covered in-between, thanks to the “coming and going” rule. That is, you’re covered if the employer controls a location you’re standing on but not if they don’t. You’d be looking at a personal injury suit against whomever owned the between-spaces. New Jersey is considering Senate Bill S771, and A6195, which would state that if an employer provides or designates a parking area for use by an employee, when an employee arrives

Your New Jersey workers compensation benefits depend on the fact that you were injured on the job, while working your job. If you can’t prove otherwise, you could be personally liable for your injuries, and, if you don’t have disability insurance, may be left with no way to pay your wages in the event of an accident or illness. Here are the steps you’ll need to take to help reduce the likelihood of a workers compensation claim dispute.  Proving Injuries The first step happens while you’re still at work. Even if you’re working from home, calling your supervisor always needs to be the very next thing you do. You should also contact HR and make sure they get the incident report directly, often via email. The next step is very like the steps you’d take a car accident. You need to take pictures of the accident site, of your injury,