Articles Posted in Claim Eligibility

While under the New Jersey Workers’ Compensation Act, employers are required to provide eligible employees who suffer work injuries with medical and disability benefits, many employers will argue that such benefits are not warranted. As such, in some cases, a workers’ compensation judge will be called on to determine whether an injury is compensable, and if so, what benefits the employee is owed. A judge’s basis for making such determinations was recently discussed in a case in which an employer admitted an employee’s injury was work-related but denied that it prevented him from working. If you work in New Jersey and sustained a work-related injury, it is prudent to talk to a capable New Jersey workers’ compensation attorney to determine your rights.

History of the Case

It is alleged that the plaintiff worked for the defendant as a laborer. He was injured in a single-vehicle accident when he was driving a truck owned by the defendant after leaving the defendant’s concrete plant. He was terminated the day after the accident for failing to submit to a drug test following the accident. The plaintiff suffered substantial injuries because of the accident and filed a workers’ compensation petition.

It is reported that the defendant originally denied that the plaintiff suffered a work-related injury. It later admitted the injury was compensable and paid the plaintiff medical benefits but denied that the injury prevented the plaintiff from working. The plaintiff then filed a motion for disability benefits. Following a hearing, the judge granted the plaintiff disability benefits and delay damages, and the defendant appealed. Continue Reading ›

It is not uncommon for an employee to live in New Jersey and work in Pennsylvania, or, to be engaged in work activities in both states. Thus, if the employee suffers an injury, it may not immediately be apparent which state’s workers’ compensation laws apply. Recently, a New Jersey court discussed the grounds for determining the applicability of a state’s compensation act in a case in which a resident of New Jersey who was injured while working in Pennsylvania filed claims with the New Jersey Workers’ Compensation division. If you were hurt at work, you might be owed benefits, and it is prudent to consult a skillful New Jersey workers’ compensation attorney regarding your rights.

Facts of the Case

It is alleged that the claimant, who lives in New Jersey, filed two claims petitions with the Division of Workers’ Compensation (the Division) seeking benefits from his employer. The first claim alleged that the claimant suffered an injury to his hip while working for his employer in Philadelphia in 2015. The second claim alleged that the claimant suffered an occupational injury to his hip due to repetitive motions while he was performing his job duties from 1986 to the present, at the employer’s site in Philadelphia.

It is reported that the employer moved to have both petitions dismissed due to a lack of jurisdiction. Specifically, it argued the claimant did not work in New Jersey, the accident did not occur there, and the employer did not have any contact with the state. Following a hearing, a judge granted the defendant’s motion. The plaintiff then appealed. Continue Reading ›

In workers’ compensation cases, a court will generally try to balance the competing interests by providing an injured employee with benefits he or she is owed and protecting the due process rights of all parties. Recently, a New Jersey court discussed due process rights in workers’ compensation matters in a case in which an employer alleged its rights were violated due to an expedited trial. If you were injured at work, you might be able to recover workers’ compensation benefits, and you should speak to a trusted New Jersey workers’ compensation attorney to discuss your rights.

The Claimant’s Injury and Procedural History

It is reported that the claimant worked as a domestic helper for a rabbi and his wife. The rabbi was employed by a Jewish center and lived in a home provided by the center. During the course of her employment, the claimant slipped and fell down the stairs, suffering injuries to her left knee and back. The claimant subsequently sought workers’ compensation benefits from the center and from the rabbi and his wife. In turn, the center joined a rabbinical college, claiming the college employed the claimant. A judge of compensation then converted a conference prior to trial to a motion for temporary medical and disability benefits, awarding the claimant benefits and dismissing the claims against the rabbinical college. The center appealed, arguing its due process rights had been violated. After review, the appellate court affirmed.

Due Process Rights in Workers’ Compensation Cases

Under the New Jersey Workers’ Compensation Act (the Act) a motion for temporary medical or disability benefits must show that a claimant is currently temporarily disabled or needs medical treatment. If only past periods of disability are claimed, the issues should be presented at pretrial or trial and not resolved via a motion. The center argued that by allowing the claimant to testify during a pretrial conference, the fundamental elements of the Act were violated. However, the appellate court noted that the Act allows for accelerated scheduling. Further, the appellate court noted that at a prior hearing, the court advised the parties it would permit the claimant to testify at the pretrial conference. Continue Reading ›

In New Jersey, a person who suffers injuries while working may be eligible to recover workers’ compensation benefits but only if he or she meets the requirements set forth under New Jersey’s Workers’ Compensation Law (the Law). Specifically, in order to recover benefits a person must demonstrate not only that he or she suffered an injury during the course and scope of work, but also that he or she had an employee-employer relationship with the entity for whom he or she was working at the time of the injury. Thus, if a person cannot prove that he or she was an employee at the time the harm occurred, his or her claim for benefits will be denied, as shown in a recent New Jersey workers’ compensation case. If you were injured while working, it is wise to speak to a seasoned New Jersey workers’ compensation attorney to examine whether you may be eligible to recover benefits.

Facts Regarding the Plaintiff’s Work

It is reported that the plaintiff filed a workers’ compensation petition, seeking benefits for an injury to his right hand that he allegedly sustained while he was working for the defendant. The defendant contested the plaintiff’s petition, arguing that the plaintiff was not his employee when the injury occurred. During a hearing, the parties presented conflicting testimony regarding when the plaintiff was hired and the extent of his job duties.

Allegedly, following the hearing, the judge found in favor of the plaintiff and awarded the plaintiff workers’ compensation benefits. The defendant filed a motion for reconsideration, arguing that the workers’ compensation judge failed to articulate any basis for finding the plaintiff was an employee. The appellate court agreed with the defendant’s reasoning and reversed the judge’s order and remanded the case for further proceedings. Continue Reading ›

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