Frequently Asked Questions

Can I be fired for making a workers’ compensation claim?” A lot of people who come to our firm are very worried about losing their job. It’s actually one of the main reasons why people don’t come to see us, because they are afraid that they’re doing something for which they could be fired if they got an attorney to pursue their rights. The fact of the matter is, it is illegal for an employer to retaliate against any employee for pursuing his or her workers’ compensation rights. That never happens.

If I’m offered light duty, should I take it? Well, the question there is that you really don’t have a choice. You should go back to work to light duty. The employer has a right to take you back to light duty status if you’re out on full temporary disability.

If they can offer a bonafide job, that’s within your limitations as imposed by the authorized treating physician. If you aren’t, which sometimes happens, there can be some conflict there and it can be straightened out by a judge in a moment but generally speaking you should go back to light duty employment because otherwise your temporary disability benefits will stop.

I’m an independent contractor, can I still pursue workers’ compensation benefits? That’s an interesting question. It has a couple of components to it. It depends how you are insured as an independent contractor.

You may have your own workers’ compensation coverage. It may also be that who you’re working for has to cover you under its workers’ compensation coverage. This is not an easy answer.

It’s a totality of the circumstances type of a question. and you should contact a competent lawyer who knows workers’ compensation to try to be pointed in the right direction in your particular case.

I’m sure we can help you.

How do I afford to retain an attorney in a worker’s compensation claim? Well, actually the question is how do I not retain an attorney in a worker’s compensation case?

And by that I mean that there are benefits under worker’s compensation if you have any type of a significant injury. And by a significant injury, I mean something as relatively minor as a broken bone, you should retain a worker’s compensation lawyer because that lawyer, like we do, do, goes into a workers’ compensation court with proper proofs by the end of your case, and you will get compensated in most cases for your loss of physical function because of a change of the anatomy caused by your injury. So staying with a broken bone, a relatively minor case, will get compensated, but you won’t get compensated if you don’t pursue it. You can’t be fired for pursuing a claim that the employer cannot retaliate. against you, you’re not allowed to sue your employer, but you are permitted and should pursue your case in the workers’ compensation court with preferably a certified workers’ compensation New Jersey lawyer like we are.

And we only get paid, if you get paid, the fee is never more than 20 % and you don’t pay us a dime unless we make a recovery for you. And I can assure you, you that we are not going to take a case unless we’re pretty certain there’s going to be a recovery so if you meet with us within five minutes we’re going to know whether we can help you and on what terms.

What is wear and tear? Well wear and tear is a phrase that we use to describe an Occupational exposure for an orthopedic condition. What does all that mean? Well, it means that over the years sometimes when you have very hard job that puts repetitive stress on a joint like a carpenter Who is right -handed and his or her shoulder starts to deteriorate and require surgeries and Might even need a replacement that medical condition can be more serious at times than simply having a specific trauma or what we call an accident, what is what most people think about workers comp. But comp can also cover where the exposure over time creates or contributes to either the causation or worsening of a medical condition.

I can tell you that most people have no idea of what their workers compensation rights rights are with respect to these types of claims or even if there is such a claim that could be meritorious.

I would suggest that if you have worked hard all your life and you now have some part of your body that needs medical treatment or has received medical treatment, you would be doing yourself a strong favor by contacting our law firm for a free consultation so that we can determine. determine if this is something that we can help you with and if so it could be a life -changing claim.

What do you need to prove to make a valid wear and tear claim? Well, that depends on really what your medical condition is, that your claiming is the responsibility of your employment over a duration of time.

Simply stated, we must prove, based upon the credible evidence, that you have a medical condition that more likely than not was contributed to, in a material way, by your way. It doesn’t have to be the sole cause of your condition. It doesn’t even have to be the primary cause. It just needs to contribute in a meaningful way.

When you come in, we will get all the proofs that are necessary, all of your medical records. We won’t charge you a dime. We’ll get expert opinion if we think that this is potentially a valid claim and then we will file your claim in the compensation court only.

It will not be a lawsuit against your employer. you’re not allowed to sue your employer, but you for sure can pursue wear and tear in the workers’ compensation court just like an accident except that most people don’t because most people have no idea of their rights.

So give us a call, a free consultation is necessary and when we do that we know at that time whether we can help you or not.

Are occupational diseases compensable? Well, the answer is yes. What are they, though? Well, an occupational disease is basically an occupational exposure where, over time, your exposure, oftentimes to pulmonary type irritants, your inhaling things, can lead to respiratory problems into the future or after a long period of exposure.

But that same exposure can be an orthopedic exposure, whereas the repetitive stress of your job duty can lead to respiratory problems. that’s taking that toll of slowly but surely every day adding more and more pressure on a joint that is deteriorating more and more, just like your lungs would get worse and worse with inhalation of things that you shouldn’t be inhaling at work. So an occupational disease is similar in nature to a wear and tear claim.

They both come under the heading of occupational disease while Why? Because they happen over time, not like a specific episode, like lifting something too heavy or falling or getting involved in a motor vehicle accident.

Those are accident claims and there’s only two types of broad claims in workers comp. Accidents, which is what most people consider normally under workers comp, and then there’s occupational exposures, which is where most people have a very lack of understanding of their entitlement.

What are the type of jobs that give rise to a possible wear and tear claim? Well, there are many because any job that is physically demanding on a repetitive nature over time can possibly be a wear and tear type of employment.

In my experience, for example, the casino industry, the cocktail servers, the porters, the people who do rooms room service and housekeeping, they all have very difficult jobs over time. They may seem glamorous sometimes in the beginning, but over time the wear and tear of constantly carrying the glasses and serving on ergonomically improper high -heeled shoes and the like puts a lot of stress on your spine, a lot of stress on your shoulders and your arms. In the construction trades, if you’re out there doing anything, carpentry, plumbing, just being construction laborer, electrician, landscaping, maintenance, all of these types of jobs over time, take a toll or can take a toll. The job isn’t the sole reason why you have a problem.

The insurance companies always argue, “Oh, you’re getting older.” Yeah, but you’re getting older before your time. And when it comes to the insurance companies, to these types of employments, most people don’t ever think about workers’ compensation.

I’m suggesting to you, if you’re older and your job is hard, you may want to consult with somebody who knows what they’re doing in workers’ compensation and pursues these types of cases. And we’re a law firm that does that and has a track record to prove it.

Do I have to prove fault to have a workers’ compensation claim? The answer is absolutely not. In fact, the workers’ compensation statute, the entire workers’ compensation system for 110 years, eliminated fault from the basis for a workers’ compensation claim. So what does that mean? If you trip over your shoelaces and fall down the steps and you fracture your neck, that is workers’ compensation. The employer cannot avoid liability because you were negligent in causing your accident.

A lot of people think that you’re suing your employer because in the workers’ compensation court, you have an attorney. You should retain workers’ compensation. compensation counsel when you formally pursue all your benefits under workers’ comp.

That is not a lawsuit. Don’t be confused by that. It’s simply legal representation to make certain that you get what you deserve from the only court that can give it to you, which is the workers’ compensation court. The workers’ compensation court is only going to be concerned about the seriousness of your medical condition, whether you’ve been adequately treated. by your employer, whether you’ve been adequately compensated by your employer, and guess what our job is to make certain you are. And if we don’t succeed, then you owe us nothing

That word “disability” is misunderstood by a lot of people. It is a third monetary benefit that you get only after you’re done treating. The seriousness of your injury is supposed to be evaluated and you are supposed to be compensated for it. However, if you don’t have a lawyer and you don’t make a claim in the workers’ compensation court, then you will never be paid that from the insurance company or certainly not what you are entitled to.

So even in perfectly valid workers’ compensation cases where the insurance company is taking care of the case in the beginning, what’s most important to you is that you’re not going to be paid that from to you is what are you going to get, if anything, at the end? What are you going to get for this disability of permanent partial nature? And that can be a very substantial compensation.

Not only is it significant additional tax -free compensation, but it also extends the life of your case in the future that can be reopened. These are all issues that we can discuss in our first interview, but you can trust me on this. There is no doubt that if you have a serious injury at work, even though it’s initially being handled under workers’ compensation by the carrier, you absolutely need to obtain a workers’ compensation lawyer to assure you and your family that you are getting everything you’re entitled to receive.