Posts Tagged ‘NJ workers comp’
The Common Cost Questions of a NJ Workers Compensation Case
After a work-related injury, the cost of emergency medical treatment, doctor’s visits, physical therapy, medications, and other treatment can be very expensive. As an injured worker sees these costs add up, the importance of a NJ workers’ compensation case simultaneously increases in importance. However, many employees wonder if the expense of recovering these costs through a NJ workers’ compensation case is going to be just another expense of a work injury.
After years representing injured employees in NJ workers compensation cases, our workers’ compensation firm is accustomed to answering a variety of cost and expense-related questions. If you are hurt in New Jersey, and weighing whether or not to file a NJ workers compensation case, read on. The most common questions we receive are asked and answered below.
What are the Common Costs of a NJ Workers Compensation Case?
The typical costs of a NJ workers compensation case depend on a few different variables. For example, if the case is highly contentious between injured employee and insurance company, then the costs are going to be different from a case that is quickly resolved as a misunderstanding or lack of information to the insurance provider.
While the costs between filing for an informal hearing or formal claim with the New Jersey Division of Workers’ Compensation can vary, neither application requires filing fees. Instead, the majority of expenses are incurred to collect evidence and complete due diligence. Such costs include the expense of sending subpoenas, requesting medical records, deposition fees and …
Read MoreIn What Direction is New Jersey’s Going and Coming Rule Headed?
Most employees in New Jersey have a regular commute to work. For some individuals this means hopping on the bus or even taking the train into New York, but the majority of New Jersey employees are driving to their jobs. In fact, across the United States over 85% of workers who commute go by automobile.
All of this rush hour traffic leads to multiple accidents on New Jersey roadways every day, and unsurprisingly, these accidents frequently result in injuries to employees who are going or coming from their workplace. The question often asked of a New Jersey workers’ compensation lawyer is whether injuries sustained in a motor vehicle accident going or coming from work qualify for workers’ compensation benefits?
What Does the Statute Say?
Essential to determining whether an injured commuter is entitled to workers’ compensation benefits is a section of the Workers’ Compensation Act. Section 34:15-7 states that workers’ compensation covers accidents, “arising out of and in the course of employment.”
The New Jersey Workers’ Compensation Act goes on to clarify that employment begins when an individual arrives at the employer’s place of business and ends when the employee departs from the workplace. This statement seems to explicitly eliminate the drives to and from work as under workers’ compensation, but the act and New Jersey courts have provided some clarification and exceptions.
How Have New Jersey Courts Interpreted the Workers’ Compensation Act?
In 2014 the New Jersey Supreme Court, in the case Hersh v. County of Morris…
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