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 ›