It would be nice to receive pain and suffering compensation when you are injured at work. Unfortunately, pain and suffering is not part of any workers’ compensation claim. The creation of workers’ compensation was meant to serve as a “grand bargain” between employers and employees. The idea is that employers would cover certain types of expenses for an injured employee without question, but in return, employees would lose the right to sue employers for negligence. The ability to sue a person for negligence leads to pain and suffering compensation, also known as a personal injury lawsuit. What Workers’ Compensation Covers  Under workers’ compensation, your medical bills are covered for any visit relating specifically to your work-related injury. If you are temporarily or even permanently disabled, workers’ compensation replaces a portion of your lost wages, though it does not replace all of them.  This is not to say there aren’t some

If your employer can prove you were drunk or high at work, you may lose your workers’ compensation benefits.  However, in New Jersey, employers can only raise this defense to a workers’ compensation claim if they can prove “by a preponderance of the evidence” that your work-related injuries were caused solely by your intoxication.  Mixed-Cause Injuries  An example of how this law may work in your favor comes from the  2006 case Tlumac v. High Bridge Stone, decided in the New Jersey Supreme Court.  The Thlumac case revolved around James Tlumac, who drove a tractor-trailer for High Bridge Stone. At the time of his accident, he had worked 12 days in a row and had logged a total of 230 hours. His wife had recently suffered a broken hip, increasing his family responsibilities and causing him to lose sleep.  At 8:00 PM, he was up on the roof of his

Workers’ compensation insurance companies in New Jersey will often offer a settlement when you reach Maximum Medical Improvement (MMI). They usually do not wish to keep paying out for medical expenses or to keep issuing weekly checks indefinitely, especially if it doesn’t look like you’re going to be able to return to work anytime soon. But how do you know when you are receiving a fair offer? After all, you know the insurance company is a lot more interested in saving money than in helping you. Lowball offers are common and should be expected early in the process. While you should have a New Jersey workers’ compensation law firm like ours evaluate any settlement offer before accepting it, there are some general guidelines you can use to determine whether or not your settlement is fair.  Ask yourself the following questions. What does the offer include? Your offer should include coverage

New Jersey workers’ compensation law has provisions for when a condition worsens. Much will depend on which condition is worsening and when it is worsening. Here are a few scenarios. Condition Worsens While Your Case is Ongoing If your case is open and ongoing, workers’ compensation insurance should still actively pay your medical bills. Your medical needs should be met, regardless of what they are. You might expect questions about how and why the condition worsened, and you should be ready to answer them as best you can.  Sometimes, of course, your doctor needs you to need specific medical care, and the workers’ compensation company rejects that care as “not medically necessary,” especially if the one advocating for a higher level of care is your second-opinion doctor. In such cases, working closely with a New Jersey workers’ compensation lawyer is useful.  Condition Worsens After You Settle If your condition gets

Most workers’ compensation cases run smoothly and are very routine.  Every now and then, we end up with a case where a workers’ compensation insurance company is acting in bad faith. When you see signs of this happening to you, it’s time to involve a New Jersey workers’ compensation attorney. Here are seven signs to look out for.  #1) Unreasonable Delays There is a short delay period for temporary disability payouts known as the “waiting week.” That’s the first seven days of your disability period. The Department of Labor holds that first payment until your unpaid leave continues for a total of 22 days or more. Once you meet that 22-day cut-off, you receive a retroactive payout for the first seven days. If you don’t get your benefits on the second week, or if your workers’ compensation insurer refuses to pay your doctor bills promptly, the insurer may delay your

Suicide is a difficult subject, and we don’t discuss it lightly. Nevertheless, suicide is a subject that can come up in New Jersey workers’ compensation cases. Under most circumstances, a self-inflicted injury or death is not compensable, but exceptions exist.  It doesn’t come up often, but this workers’ compensation law provision is worth knowing about. The 1945 case Konazewska v. Erie R.R. Co. established a 4-part test that said an employee’s suicide was not compensable unless: 1. It’s the direct result of a physical injury. 2. The worker was possessed of an uncontrollable impulse to commit suicide or is in a delirium of frenzy. 3. The worker did not consciously intend to kill themselves. 4. They do not recognize the consequences of self-destruction.  The 1980 case Kahle v. Plochman involves a suicidal worker.  Rosalie Kahle was injured during her employment at a mustard plant. She sustained back and left leg