Need Help With Your Workers Compensation Case?

Can You Run an Online Store or Freelance While On Workers Compensation in New Jersey?

By Albert Talone | January 20, 2022 | 0 Comments

New Jersey worker’s compensation only gives you 70% of your average weekly wage while you’re recovering from your injuries. Permanent partial and permanent total disability benefits don’t go any higher. Most people are struggling financially as it is. 70% of most people’s income isn’t enough to meet a lot of people’s bills. So it’s natural that you might ask yourself if you can earn at least a little income while you’re at home and recovering.  You can earn some income while collecting benefits, but you have to be careful. You and your workers compensation attorney should work together to answer the following questions. Will the work meet your doctor’s restrictions on activity? Be careful. This issue isn’t always as straightforward as it seems. Let’s say you put some items up for sale on eBay. Perhaps you even open up a small store. You think: the Internet is doing all the

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How Much Does a New Jersey Workers Compensation Lawyer Cost?

By Albert Talone | January 13, 2022 | 0 Comments

Worried about what it will cost to hire a workers compensation attorney?  Did you know you don’t even have to worry about coming up with a retainer or an hourly rate? Workers compensation attorneys work on contingency, which means they don’t even get paid until your case is brought to conclusion. Here’s everything you need to know about what your lawyer gets paid, and how much. Who pays the legal fees? The employer is responsible for paying up to 60% of your attorney’s legal fees if you are forced to take your case into court. The judge also makes the determination as to the percentage of the claim that should be given to the attorney. Typically the percentage is 20% of the entire workers compensation case award. So if your case is worth $100,000, then your lawyer gets paid $20,000, but only $8000 comes out of your settlement because the

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When Are You Officially “On the Job” in New Jersey?

By Albert Talone | December 22, 2021 | 0 Comments

The question of when you are “officially” at work can be very important to your worker’s compensation case. Unfortunately, the answers to when you are officially at work can vary from case to case. Here are a few examples. In Your Company Parking Lot As of this writing you are protected when you arrive at a parking lot owned by your company. But if you have to travel off-premises to get to your work building then you won’t be covered in-between, thanks to the “coming and going” rule. That is, you’re covered if the employer controls a location you’re standing on but not if they don’t. You’d be looking at a personal injury suit against whomever owned the between-spaces. New Jersey is considering Senate Bill S771, and A6195, which would state that if an employer provides or designates a parking area for use by an employee, when an employee arrives

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How to Prove Your Injury Really Happened at Work

By Albert Talone | December 8, 2021 | 0 Comments

Your New Jersey workers compensation benefits depend on the fact that you were injured on the job, while working your job. If you can’t prove otherwise, you could be personally liable for your injuries, and, if you don’t have disability insurance, may be left with no way to pay your wages in the event of an accident or illness. Here are the steps you’ll need to take to help reduce the likelihood of a workers compensation claim dispute.  Proving Injuries The first step happens while you’re still at work. Even if you’re working from home, calling your supervisor always needs to be the very next thing you do. You should also contact HR and make sure they get the incident report directly, often via email. The next step is very like the steps you’d take a car accident. You need to take pictures of the accident site, of your injury,

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How Do Scars and Disfigurement Impact a New Jersey Workers Comp Claim?

By Albert Talone | November 20, 2021 | 0 Comments

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

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Are Employers Required to Give Employees Hiring Preference After an NJ Workers Compensation Case?

By Albert Talone | November 7, 2021 | 0 Comments

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

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How is Vacation Pay Resolved in an NJ Workers Compensation Case?

By Albert Talone | October 15, 2021 | 0 Comments

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.

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What to Do If You’re Assaulted at Work

By Albert Talone | October 5, 2021 | 0 Comments

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

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What Are Your Rights When You Return to Work After an NJ WC Claim?

By Albert Talone | September 14, 2021 | 0 Comments

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

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Taxes and Your Workers Compensation Settlement

By Albert Talone | September 2, 2021 | 0 Comments

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

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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
Moorestown
New Jersey
08057
United States

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