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Is Settlement Always Final in New Jersey Workers’ Compensation Cases?

By Albert Talone | May 29, 2017 | 0 Comments

In our last blog post we discussed two ways settlement arrangements are reached in workers’ compensation claims in New Jersey. For many parties, these settlements have a sense of finality and conclusion. In some cases, this is true, and the claim cannot be reevaluated at a later date. However, The Law Offices of Albert J. Talone have represented quite a few clients in the instances when settlement was not the end of claim for an injured worker. If you missed our last post, let’s catch-up quickly. There are two ways to settle a workers’ compensation case in New Jersey. Both offer pros and cons that should be considered by an injured employee and his or her legal representative. Sometimes, refusing to settle is the best strategy. However, when settlement is on the table, one of the major distinctions between types of settlement is whether or not you can reopen the

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How Are Workers’ Compensation Claims Settled in New Jersey?

By Albert Talone | May 17, 2017 | 0 Comments

Employers and their insurance providers often see workers’ compensation claims, and the process of making benefit payments, as an ongoing burden. For these parties, it is valuable and preferable if the situation is finalized swiftly and efficiently through a contractual arrangement with you, the injured employee. Therefore, it is very likely that in the course of reporting your work-related injury and seeking workers’ compensation benefits (even if you haven’t filed a formal claim with the Department of Labor), your employer or an insurance provider has made an offer to settle. When this offer is extended, most likely it will come from the insurance company, you have two options under New Jersey law for settling your case. Accepting a Lump Sum Settlement The New Jersey Statutes Annotated (N.J.S.A.) 34:15-20 provides a mechanism for employers, through or with the insurance company, to make a one-time payment to an injured employee. Often, because

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The Unlikely Impact of New Jersey’s Opioid Epidemic on Workers’ Compensation

By Albert Talone | May 2, 2017 | 0 Comments

Few people are drawing a connection between the misuse and substance abuse of opioids that is sweeping the United States and workers’ compensation insurance. However, for employees in New Jersey there is reason to believe that the governmental response to opioid abuse will directly impact the workers’ compensation scheme in the state. Background Information on Opioid Misuse in New Jersey Between 2004 and 2015 the number of drug overdoses in New Jersey exponentially grew, and most of the deaths are from an overdose of heroine or morphine. There were only 362 heroine and morphine deaths in 2004, but a scary 961 deaths in 2015. This rise in fatalities from opioids is due in part to fentanyl, an incredibly strong and dangerous opioid, being mixed with street heroine. What mirrors this epidemic in illegal opioids is the misuse of prescription painkillers in New Jersey. Data shows that for many heroine users,

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The Costs of a Workers’ Compensation Case

By Albert Talone | April 19, 2017 | 0 Comments

Quite often, expenses and costs are perceived as a barrier to legal representation and recovery. Admittedly, it is true that participation in the modern day legal system can be costly. However, when it comes to workers’ compensation in New Jersey, the law provides mechanisms that try to ensure an injured employee can afford the costs of filing a claim. Therefore, this post will answer two questions: what costs are associated with a workers’ compensation claim and what mechanisms help alleviate these costs? Compensation for Your Lawyer New Jersey limits the amount and process for payment of a workers’ compensation lawyer. This provides safeguards for an injured employee and also ensures the path to recovering workers’ compensation benefits is available to all workers. First, workers’ compensation lawyers in New Jersey are paid on a contingency basis. This means you do not pay your lawyer until a settlement is obtained from the

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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 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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