Here in New Jersey you’re eligible for worker’s compensation benefits if you contract COVID-19 on the job. That’s the good news. The bad news? This very sneaky virus doesn’t make it easy to prove transmission. Employers are no more eager to pay for claims than they ever were. Already, employer’s lawyers are advising them on how they can work around having to pay for these kinds of claims. To keep your case strong, think about sharing certain facts with your attorney. Precautions your employer too, or failed to take, in response to Covid-19. It’s incredible, but plenty of employers are failing to protect their employees. Right now Whole Foods and Amazon provide fairly famous cases, but they aren’t the only ones who don’t seem to value their employees enough to take precautions. Document every instance where employers force you to work without PPE, in conditions that place you less than
Read MoreYou may be eligible for workers compensation if you contract COVID-19, or if you’re exposed to it. But where you contract the virus will matter. You will only be able to use workers compensation if you were exposed on the job. That is, you waited on someone with the virus, or worked with someone who had the virus. In either case you can use it if health staff told you to self-quarantine as a result, whether you’re showing symptoms of the illness or not. You will have to provide the documentation from the medical doctor who gave the order. It is also a good idea to be prepared with evidence that the job was the source of the problem. If you were using social distancing off the job, for example, and thus did not come into contact with anyone else, then that would be vital evidence in your COVID-related workers
Read MoreMany workers compensation cases last for a few weeks or months. The worker gets injured, the worker gets care, and the worker returns to work. When the injury is very minor workers compensation may simply be a matter of getting treatment, getting the insurance to pay for that treatment, and returning to work with some minor accommodations. There are cases where the worker must be out for more than 7 days with the injury. This is called Temporary Total Disability, and can last up to 400 weeks. However, there are two other forms of disability which can last longer. The first is Permanent Partial Disability, which can last up to 600 weeks. There’s also Permanent Total Disability, which can last for life. The maximum amounts you can get to cover your lost income during these periods is capped in New Jersey. On Temporary Total Disability you can earn the lesser
Read MoreMedical marijuana is a hot topic in NJ workers compensation law right now. A recent case in the New Jersey Appellate Division mandated that employers should reimburse employees for medical cannabis use related to a workplace accident. In the case, Hagar vs. M&K Construction, M&K argued that the Federal Controlled Substances Act makes it a crime to manufacture, possess, or distribute marijuana, and that federal law should preempt the New Jersey Compassionate Use Medical Marijuana Act. They further argued that forcing them to pay for medical marijuana would force them to aid and abet in Hagar’s possession of an illegal substance, and that they should be treated like private health insurers who are not required to reimburse medical marijuana costs. The court ruled in favor of Hagar. In his opinion, Judge Currier wrote: “We conclude the order does not require M&K to possess, manufacture, or distribute marijuana, but only to
Read MoreA permanent partial disability status indicates you could do some work, but nevertheless suffer from some partial disability which reduces your quality of life. New Jersey workers compensation laws allow you to receive some compensation for your reduced work capacity. The Judge of Compensation evaluates your loss of function across all aspects of your life based on medical proof of impairment and your own personal testimony. Your attorney can help you present your case in a clear, concise way which helps you describe exactly how your injuries have impacted your quality of life. All of this is possible because New Jersey workers compensation law differs from the law in most other states. Understanding “Scheduled” vs. “Non-Scheduled” Losses Permanent partial disabilities get divided into two kinds of losses. Scheduled losses involve: Arms Hands Fingers Feet Eyes Ears Teeth Non-Scheduled Losses involve everything else. This could include back injuries, heart trouble, brain
Read MoreEmployers 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.
Read MoreFirst, 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,
Read MoreThere 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
Read MoreMost 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?
Read MoreRecent 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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