Need Help With Your Workers Compensation Case?

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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What to Do If You’re in a Car Accident While on the Job

By Albert Talone | August 14, 2021 | 0 Comments

Getting into a car accident is always stressful, whether you’re driving a company vehicle or not. It’s easy to do things which could come back to bite you later. Yet if you keep your cool, you should be protected and covered regardless of whether or not you were at-fault for the accident. You were on the job, which means you’re covered by workers compensation law. Avoid Admitting Fault You aren’t personally liable when you’re in a car accident on the job. Your employer is liable. New Jersey is also a no-fault state for car accidents, which means each party’s liability insurance company pays the other.  Nevertheless, employers have a way of making things interesting. For example, if you’re a trucker you might want to be prepared for your employer to suddenly declare you an independent contractor. You don’t want to set yourself up for liability in this case. They may

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New Jersey Workers Compensation Advice for Remote Employees

By Albert Talone | August 3, 2021 | 0 Comments

Experts predict that remote work is here to stay.   While remote work is covered by worker’s compensation, it can create unique challenges for employees who are injured on the job.  What are the most common remote worker injuries? The most common remote worker injuries are repetitive stress injuries. RSIs might include: Carpal tunnel syndrome Ulnar tunnel syndrome Tendonitis Back pain Neck pain The correlation is of course that most people who work at home are doing the same work they could be doing in the office. This is work that typically involves lots of typing and sitting at your desk. Stress and mental health injuries are also common.  What’s different about a remote worker injury? You’ll have to prove you were acting in your employer’s interests at the time of the injury. You also need to be able to prove that you followed your employer’s policies.  For example, if your

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What Happens if Your Spouse Dies on the Job in New Jersey?

By Albert Talone | July 15, 2021 | 0 Comments

According to the Bureau of Labor Statistics, over 5,000 workers die on the job every year, leaving their survivors to carry on without them.  When your spouse dies on the job you, the surviving spouse, may be entitled to a workers compensation death benefit. As with workers compensation for surviving injured and disabled workers, the death benefit system exists in New Jersey to provide for families while protecting employers from the possibility of a personal injury lawsuit. This means you may get some money to support your family while you adjust to the loss of your loved one. Who is eligible for death benefits? In general, you may only claim a death benefit if you are the surviving, actively married spouse of a worker who died on the job, or a dependant child who lived in the worker’s household at the time of death. Surviving children may also qualify as

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How to Maximize Your NJ Workers Comp Settlement

By Albert Talone | July 6, 2021 | 0 Comments

A workers compensation settlement isn’t like a personal injury settlement. There are typically some limits on how much it can pay out.  Nevertheless, you’ll rely on that settlement to live. It behooves you to do what you can to make it as large as possible. Here’s what you need to do. Be careful what you say. You have to report your injury to your employer, but stick only to the facts. Later, you might want to talk to an attorney right away, because the workers compensation insurance adjuster may try to speak to you and may try to trip you up while they do. When you do have to speak about your injury or write about it, be concise. Make sure your statements are factual and to the point.  Don’t give unlimited medical authorizations. The medical authorization you sign should specifically state that you are only releasing medical records related

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Do I Need to Prove Fault in an NJ Workers Compensation Case?

By Albert Talone | June 13, 2021 | 0 Comments

In some accident and injury cases it is necessary to prove the other party was negligent before you can recover any form of compensation. This is not the case in a New Jersey workers compensation case. Instead, it is only necessary to prove that the injury or illness arose as a result of your activities and presence in the workplace.  This is part of the bargain that was made between New Jersey workers and employers when the workers compensation system first came into existence. Workers would lose the right to sue employers for negligence and employers would pay for injuries and illnesses sustained at work regardless of whether or not the employee played a role in causing those injuries. As always when the law is involved, there are of course both complications and exceptions that you should be aware of. Exception #1 – You Were in Violation of Certain Policies

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What is a Section 20 in a Worker’s Compensation Case?

By Albert Talone | June 2, 2021 | 0 Comments

A Section 20 is one of two types of settlements that may be awarded in a New Jersey worker’s compensation case. The other type is called a Section 22. Here’s what you need to know about both types of settlement. Section 22 Settlements A Section 22 settlement is a settlement wherein the employer pays for a portion of your disability. The percentage would be a percentage of what would be paid out for a body part over time, i.e., 30% of the knee, with amounts set by the New Jersey body part schedule. In a Section 22 settlement the employer does admit that the injury to that body part happened on the job. A Section 22 does allow for the modification of claims as necessary  Section 20 Settlements A Section 20 is a one-time lump sum payment and is considered a full and final dismissal of the claim. You accept

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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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