Some work-related injuries are truly terrible, and leave physical scars that will never heal. New Jersey workers compensation law recognizes this fact. Disfiguring scars can play into a determination of whether a worker has become permanently disabled as a result of their accident. This is true in cases where the scars are permanent, unsightly, or limiting.  The location of the scars can also matter a great deal: scars on the hands, neck, face, or head are treated with more severity than a scar on the shoulder or abdominal area.  No provisions are made for whether the scars cause emotional distress.  What makes scars a special case is that if you can show that your scars meet the “permanent, unsightly, or limiting” criteria then you don’t have to prove any other restriction of bodily function to be awarded permanent disability.  Permanent partial disability benefits are equal to 70% of your average

Earlier this fall Governor Phil Murphy signed Bill A-2617/S-2998 into law. This short, one page bill is an amendment to existing workers compensation law. It says, essentially, that employers with 50 or more employees must give “hiring preference” to employees when: Those employees have reached maximum medical improvement. They are unable to work but unable to return to their old positions, even on light duty. The employer has an unfilled position or existing position with a vacancy that the employee can, physically, perform. While the bill sounds good on paper it has several key weaknesses. First and foremost, “hiring preference” isn’t defined at all. As JD Supra reports: “First, such a preference could mean that if all things are equal among candidates, it serves as a tiebreaker. It could also mean that it trumps the higher or better qualifications of other candidates, so if the minimum qualifications are met, the

Vacation, PTO, and sick pay are part of your overall compensation package. Often in a workers compensation case these benefits get used while you’re waiting for your benefits to start. This would be paid at your regular pay rate. In addition, sick pay, vacation pay, and PTO pay are not counted against your 26 weeks of allowable workers compensation benefits. The disability can’t be moved just because you took vacation or sick pay. Employers may also require you to use up to two weeks of PTO prior to receiving workers compensation benefits. If you use these benefits and are later awarded workers compensation benefits you can have the PTO refunded to you. When that happens they will take a credit on the pay you received. You should consult your attorney before you do this as it can have an impact on the amount of workers compensation benefits you may receive.

Every day people get assaulted on the job. While it’s rare for coworkers to launch altercations some jobs come with the danger that you’ll get assaulted. There are also random incidents which involve outsiders coming into the workplace and assaulting people when they arrive. In each of these cases you are entitled to a workers compensation settlement. Thus you will take many of the same steps you’d take during a workers compensation case. In addition depending on the nature of the assault there will be third parties you can sue. Take These Steps Report the assault to your employer. Report the assault to the police. Get the names and numbers of any coworkers, vendors, or customers who witnessed the assault. Take photos of your injury and the conditions at work if possible. Get medical care. Follow all your doctor’s instructions. Consult with a workers compensation attorney right away, as your

Returning back to work after an injury can be a nerve wracking experience. You know that your employer’s interests and your interests may not be aligned. Yet if you don’t return to work when you are cleared to do so you jeopardize your job, your workers compensation benefits, and any unemployment benefits you could receive if, for whatever reason, your job disappears through no fault of your own. Here’s what you need to know. You have the right to have your restrictions respected. Talk to your doctor about what your old job entailed so that he can make the most useful list of restrictions possible. We recommend getting a written acknowledgement from your employer to indicate that they understand these restrictions and are able to work with them.  Make sure you get them in writing. Carry copies of the restrictions with you. Don’t be afraid to hand them to your

For the most part, workers compensation benefits are not taxed either by New Jersey or by the IRS. Even the amounts meant to replace income are not counted as taxable income.  Here’s what you need to know. Do you still report workers compensation on your tax returns? No. Unless you meet one of the taxable exceptions listed below, you do not even have to report your workers compensation payouts.  It’s always a good idea to speak to an accountant before making assumptions, but you’re not even going to receive a tax form that tells you these benefits have been reported to the IRS.  Are there taxable exceptions? There are a few taxable exceptions.  For example, some of our clients have ended up with workers compensation claims that were, at first, denied. So they paid their own medical expenses, claimed those on their tax return, and then later got reimbursed. They

Getting into a car accident is always stressful, whether you’re driving a company vehicle or not. It’s easy to do things which could come back to bite you later. Yet if you keep your cool, you should be protected and covered regardless of whether or not you were at-fault for the accident. You were on the job, which means you’re covered by workers compensation law. Avoid Admitting Fault You aren’t personally liable when you’re in a car accident on the job. Your employer is liable. New Jersey is also a no-fault state for car accidents, which means each party’s liability insurance company pays the other.  Nevertheless, employers have a way of making things interesting. For example, if you’re a trucker you might want to be prepared for your employer to suddenly declare you an independent contractor. You don’t want to set yourself up for liability in this case. They may

According to the Bureau of Labor Statistics, over 5,000 workers die on the job every year, leaving their survivors to carry on without them.  When your spouse dies on the job you, the surviving spouse, may be entitled to a workers compensation death benefit. As with workers compensation for surviving injured and disabled workers, the death benefit system exists in New Jersey to provide for families while protecting employers from the possibility of a personal injury lawsuit. This means you may get some money to support your family while you adjust to the loss of your loved one. Who is eligible for death benefits? In general, you may only claim a death benefit if you are the surviving, actively married spouse of a worker who died on the job, or a dependant child who lived in the worker’s household at the time of death. Surviving children may also qualify as

A workers compensation settlement isn’t like a personal injury settlement. There are typically some limits on how much it can pay out.  Nevertheless, you’ll rely on that settlement to live. It behooves you to do what you can to make it as large as possible. Here’s what you need to do. Be careful what you say. You have to report your injury to your employer, but stick only to the facts. Later, you might want to talk to an attorney right away, because the workers compensation insurance adjuster may try to speak to you and may try to trip you up while they do. When you do have to speak about your injury or write about it, be concise. Make sure your statements are factual and to the point.  Don’t give unlimited medical authorizations. The medical authorization you sign should specifically state that you are only releasing medical records related