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How Mental Factors Affect Workers’ Compensation in New Jersey

By Albert Talone | April 8, 2017 | 0 Comments

While certain jobs and job-related activities have inherent risks, a number of workplace injuries happen when employees do not or cannot follow workplace safety policies and procedures. Often, these accidents happen when there is improper training of an employee for his or her role or when mental factors prevent an employee from operating at 100% while on the job. It is incredibly common for an employee to say, “I just wasn’t thinking straight,” or “I was stressed and trying to rush,” after an accident occurs. When a workplace injury happens for these reasons, many employees and employers want to know how the employee’s mental state or mental fatigue may affect a workers’ compensation claim. Underlying Cause of a Workplace Injury Lawyers and workers’ compensation insurance companies frequently discuss the most common types of injuries that occur at work. In New Jersey, similar to the rest of the country, employees are

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What Does It Mean to Be in the “Course of Employment?”

By AJ Talone | March 24, 2017 | 0 Comments

In most instances, employees who are injured at work can feel confident that their injury falls within the scope of job-related activities or occurred within the course of employment. For instance, someone who pulls a back muscle lifting materials or falls from a ladder while counting inventory was obviously engaged in a job-related activity. Alternatively, there are some injuries that are clearly outside the course of employment. For example, it is pretty clear that hurting your back while landscaping on the weekend is outside the course of employment, and so is a bad sunburn while on vacation to Mexico. Need to Define the Term Job-Related Activity Yet, there are still a number of cases that are not this clear cut. Every day employees have downtime at work or participate in activities that seem job-related, but are not exactly work, such as eating lunch in the staff kitchen or walking out

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How Does New Jersey Determine Temporary Disability Benefits under Workers’ Compensation?

By AJ Talone | March 17, 2017 | 0 Comments

First and foremost workers’ compensation in New Jersey covers the medical expenses related to a work injury. This includes hospital visits and rehabilitation, if needed. However, an injured employee may not be able to return to work right away. After a serious incident, the injured employee could be medically or physically restricted from working for a very long time. An inability to work has serious financial implications, and after medical treatment is obtained this becomes the biggest concern for most workers. To address these concerns, the workers’ compensation law in New Jersey provides a mechanism for injured workers to obtain benefits that replace some of their normal income. Most employees do not understand how disability benefits are distributed or determined, but they should. The Different Types of Disability Benefits New Jersey workers’ compensation law provides for two different types of disability benefits. Permanent disability benefits cover a workplace injury that

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The Role of Insurance Companies in Workers’ Compensation

By AJ Talone | March 10, 2017 | 0 Comments

New Jersey law specifically requires that businesses carry workers compensation insurance. In addition to being required by law, a number of contractors, clients, customers, and partners will require a business to show proof of workers’ compensation before entering a contract or building a relationship. However, from an employee’s perspective the role of an insurance provider in workers’ compensation can be slightly mysterious. Typical Workers’ Compensation Process from Employee Perspective In most instances, when an employee is injured or falls ill at work he or she informs a manger or designated HR employee at the workplace. After this initial discussion and medical assessment of an injury, the process in New Jersey can progress without much interface with an injured employee. Unless there is dispute around the injury, employees likely have conversations with an HR manager and insurance representative, attend doctors’ visits, and within a short period of time begin receiving benefits.

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What Laws Protect Me from Retaliation by Employer after Workers’ Compensation Claim?

By AJ Talone | March 3, 2017 | 0 Comments

It is the legal right of an individual who is injured at the workplace to file a workers’ compensation claim and receive workers’ compensation benefits. This is regardless of the profession, core business, type of injury, or mechanism of injury. In New Jersey, as in other states, there are limits on the timeframe, requirements for reporting the injury, and procedure for filing a workers’ compensation claim, but provided the necessary legal processes are followed, nothing should prevent an injured employee from exercising his or her right to compensation. Therefore, in New Jersey any action by an employer to dissuade or prevent an employee from filing a valid workers’ compensation claim should not be tolerated. This begins with an employer’s failure or delay to report an employee injury to the proper insurance provider and extends to forms of retaliation against an employee who does file a workers’ compensation claim. The law

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What to do if Your Workers’ Compensation Is Denied or Delayed?

By AJ Talone | February 28, 2017 | 0 Comments

The State of New Jersey provides robust protections for employees who are injured at the workplace. The state provides for medical, temporary and permanent disability, and death benefits that can help an employee or employee’s family stay financially stable after an accident or injury at work. However, not all employees receive the same support and assistance from their employers when filing a workers’ compensation claim and receiving benefits. In certain instances, an injured employee in New Jersey can have a claim for workers’ compensation denied or delayed by an employer or insurance provider. If this does happen, it is important for an employee to know how to proceed. Employer Fails to Report Injury to Insurance Provider As soon as possible after an injury occurs, the employee should notify his or her employer. The sooner an employer knows of an injury, the more likely it is an employee will receive full

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The Most Common Injuries in Worker’s Compensation Claims

By AJ Talone | February 21, 2017 | 0 Comments

Often, an injury at work is unexpected. Even in jobs and industries where manual labor is common or risky situations arise, employers typically have processes in place to prevent employees from hurting themselves or others. However, every day accidents do occur on job sites and in the workplace. As it turns out, certain injuries are much more common than others. How Are You Likely to Get Hurt at Work Regardless of industry or job description, the most common injuries in workers’ compensation claims in New Jersey are strains and sprains. The Department of Labor has found that this is also the most common type of injury in the workplace nationwide. Insurance providers estimate that these claims amount to approximately 30% of workplace injuries in the United States. Strains and sprains are less likely than more serious injuries to be reported by an employee to his or her employer. Prompt notification

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What to Do if You Hurt Your Back at Work in New Jersey?

By AJ Talone | February 14, 2017 | 0 Comments

If you injure your back while on the job there are a number of practical and legal steps that are required down the road. Eventually, a workers’ compensation claim will need to be filed with the Division of Workers’ Compensation in New Jersey. However, at the onset there are two immediate concerns for an injured employee. The first is seeking medical attention; and second, employees need to inform their employer of the injury. Seek Medical Attention In the event of a workplace injury, health and safety concerns are incredibly important. Care should be taken not to aggravate or worsen the injury, and if necessary, a visit or admittance to the hospital should be arranged. The sooner you obtain medical care, the better for ensuring the injury heals properly and when it comes to providing documentation and proof of the injury in a workers’ compensation claim. Inform Your Employer ASAP The

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South Jersey Law Firm Discusses the Three Basic Worker’s Compensation Rights

By AJ Talone | November 2, 2015 | 0 Comments

Lawyer Albert J. Talone Explains Worker’s Compensation Benefits What rights does an employee have when injured at work? Albert J. Talone, NJ workers compensation lawyer, outlines three basic rights for New Jersey employees. Under the New Jersey Workers’ Compensation Act an employee is required to report any work related injury within 90 days of the date of the accident. After reporting an injury, Talone points out on his website that NJ workers compensation law entitles injured employees to three benefits: temporary disability benefits, medical benefits, and permanent partial benefits. Temporary disability benefits is when an employer and/or employer’s insurance carrier is obligated to pay 70 percent of gross weekly wages up to the maximum rate for time lost from work. “You must also be out of work a total of seven days before you are entitled to receive temporary disability benefit,” Talone’s website explains. Certain prerequisites apply, such as

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Lawyer Albert J. Talone explains what to do when you are injured at work

By AJ Talone | July 18, 2015 | 0 Comments

Workplace injuries are common in all areas of employment. Notice of work-related accidents or occupational disease must be given to the employer within specified timelimits or else the injured worker will lose rights to certain benefits. If you are injured on the job you should notify your employer as soon as possible. If possible, complete your employer specific accident injury report/form. Be sure to request a copy of the document. The Workers’ Compensation statute addresses how to give notice. N.J.S.A. 34:15-17addresses traumatic claims and Notification to Employer. N.J.S.A. 34:15-34 addresses occupational claims and the time for making a claim. The statutes in relevant part reads as follows: 34:15-17. Notification of employer. Unless the employer shall have actual knowledge of the occurrence of the injury, or unless the employee, or some one on his behalf, or some of the dependents, or some one on their behalf, shall give notice there of

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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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