One reason that people get hurt on the jobs is because employers fail to follow appropriate health and safety standards. Some employers will do anything to keep violations from getting reported, including intimidating employees or claiming they can’t get workers compensation benefits if they report the violation. Yet the law is very clear. Employers may not retaliate against you for reporting an OSHA violation, nor may they deny your workers compensation claim. This doesn’t mean that they won’t try, but it’s not legal and it could open them up to sanctions by the court.  Of course, if you are going to find yourself in the position of having to report an OSHA violation on top of everything else you might want to retain an attorney so you can protect yourself as you do so.  Filing an OSHA violation won’t render you ineligible for benefits either. There is no link between

Employer-sponsored events are a pervasive part of corporate culture. Employers either ask or strongly encourage their employees to participate in various events. Such was the case in a recent New Jersey case recently decided by the State Supreme Court. Here are are the facts of the case: “On September 23., 2017 [Jersey Friendship House] hosted a ‘Family Fun Day’ event for clients and families, and asked employees if they would volunteer. Mrs. Goulding offered to cook, and while she was preparing to grill she stepped into a small pothole on the grounds and fell, injuring her right foot and ankle. She applied for workers compensation, which was denied by a workers comp judge.” –Business Insurance. The judge in the case used the standard that volunteering for the company did not produce a “benefit to the employer” beyond boosting employee health and morale. The Supreme Court disagreed.  Thus, yes, in some

An IME, or Independent Medical Examination, is what happens when the workers compensation insurance company demands that you go to a doctor of their choice so that your injuries may be evaluated. Naturally many workers are nervous about this process because the doctor doesn’t seem entirely objective.  What happens if the doctor lies about the extent of your injuries, claims they were the result of a preexisting condition, or otherwise spins a story that benefits the insurance company at your expense? And who is paying for this anyway? Here’s everything you need to know about IMEs in New Jersey. The insurance company must pay for the IME. If the insurance company wants you to get an independent medical examination they must pay for it. In most cases they must choose a doctor that’s a reasonable distance from your home or workplace.  These arrangements are very lucrative for doctors. There is

Plenty of jobs come with lots of stress, which can lead to mental health issues like anxiety and depression. Sometimes these conditions can be debilitating, making it impossible to work normally. Which makes it natural to ask whether you can get compensation for the damage your job has done to your mind, especially if you need extensive psychiatric interventions to function. Fortunately, the answer is “yes.” What does it take for Workers Comp to cover a mental health issue? As you might imagine, minor mental health issues won’t get coverage. Instead, you will have to demonstrate that your mental health issue is sufficient to make it impossible for you to do your job.  You’ll also need to prove the issue happened at work. This can be difficult, as there are many issues which could trigger a mental illness, and many of them can take place outside of work. In addition,

In many ways, a New Jersey workers compensation claim looks and feels just like a personal injury claim. In other ways they are completely different. In fact, the workers compensation system exists, in part, to protect employers from the kinds of liability that are invoked in a personal injury suit. Employers admit no fault, but take responsibility for the fact that employees do get hurt on the job. Here are some of the other key differences. Difference #1 – No Pain & Suffering Personal injury suits come with pain and suffering damages. In New Jersey, these damages are not capped and can be any amount based solely on the extent to which the victim’s life has changed as a result of the injuries.  As you can imagine these pain and suffering awards can get quite large, and so workers compensation law was written to allow employers to avoid them in

On its surface, workers compensation is a reasonably straightforward system. If you get hurt on the job, insurance exists to make sure your medical bills get paid. If you can’t work while you’re hurt, that same insurance pays you to stay home and recover. Sometimes, the system works as its meant to work. This is especially true when injuries are minor or the disability is temporary. It’s not worth your employer’s time to fight these claims in most cases, more is it worth the insurance company’s time. The accommodations you’ll need tend to be cheap and minor in these cases, and everyone is willing to play along as a result. When injuries are more extensive and expensive, the equation changes. Let’s assume you’ve done everything right during this process. You reported the injury to your employer, went straight to the correct doctor, filed your claim, and have followed your physician’s

On September 14th Governor Phil Murphy signed S2380 into law. This means that every essential worker who has to go into a physical location to do their job now benefits from a rebuttable presumption of worker’s compensation coverage for Covid-19 cases. The law took effect on the day of signing, and is offering retroactive coverage to March 9, 2020. This means if you got sick while on the job after that date you can now begin your worker’s compensation claim.  Note that the law does outline exactly who qualifies as an “essential employee.” The rebuttable presumption does not apply to everyone who might step into an office and get sick.  According to S380 an essential worker is: A public safety worker or first responder, including fire, police, or other emergency responders. Provides medical or health care services, including emergency transportation and social services. Performs services which involve physical proximity to

No. In most cases neither the state of New Jersey nor the IRS will tax your workers compensation benefits. They are not considered gross income under either state or federal law. There is a Social Security and Supplemental Security Offset that has to be considered if you receive either form of government aid in addition to your workers compensation. In some cases you may have to pay tax on those benefits in those cases. The specific amount will depend on whether you’re receiving permanent or partial benefits. In fact, if you’re receiving temporary benefits then the amount you’re paid is equal to the amount you would have typically received after taxes.  Do I still have to file a tax return? Yes, you will want to file a tax return. This will not create a situation where benefits that aren’t taxable become taxable. It merely reports your individual situation to the