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New Jersey Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation, Legal Malpractice and Personal Injury for New Jersey on
Q: How to obtain documents for reopened workers' comp claim with attorney recusal and lien involved?

I previously requested documents related to my reopened workers' compensation claim, but my former attorney was granted a recusal, and there's a lien from a judge on future results in my case. I want to obtain these documents to review past offers before deciding whether to settle or hire... View More

James L. Arrasmith
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answered on Apr 11, 2025

I'm really sorry you're going through this—it’s frustrating enough managing a workers’ comp claim without having to track down your own documents after your attorney steps away. Since your former attorney has been officially recused and there's a lien involved, you're... View More

1 Answer | Asked in Workers' Compensation, Legal Malpractice and Personal Injury for New Jersey on
Q: Looking for a responsive lawyer for ongoing Workmen’s Compensation cases.

I have three ongoing Workmen’s Compensation cases that have been active for three years. My current lawyer has been unresponsive to emails and phone calls for months, and has ignored necessary medical recommendations such as MRIs. Despite my ongoing pain and untreated sciatica, my lawyer is... View More

James L. Arrasmith
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answered on Apr 11, 2025

I'm really sorry you’re dealing with this—three years is a long time to be in pain and feel like you're being ignored. When a lawyer isn't responding to you and isn't pushing for necessary medical care like MRIs, it's a serious concern. You have every right to expect... View More

1 Answer | Asked in Workers' Compensation, Employment Law, Personal Injury and Contracts for New Jersey on
Q: Options for workers' comp benefits and addressing termination after injury with third-party involvement?

I was injured on December 16, 2024, as a delivery driver due to lifting a box overloaded by a third-party company, leading to a serious lower back injury. Despite notifying my employer and filing a workers' compensation claim, I'm experiencing severe pain and have limited ability to work.... View More

James L. Arrasmith
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answered on Apr 11, 2025

I'm really sorry you’re going through all of this—dealing with pain, job loss, and uncertainty all at once is incredibly tough. Since you already have an active workers' compensation case, you're on the right path to secure medical care and wage replacement. But if your employer... View More

2 Answers | Asked in Workers' Compensation and Employment Law for New Jersey on
Q: Injured at work as a delivery driver, facing termination after filing workers' comp. What are my options?

I was injured on 12/16/24 while trying to pick up a box as a delivery driver, resulting in a lower back injury. The vehicle had cameras inside and outside for evidence. I reported the injury to my employer and filed a workers' compensation claim. I'm experiencing severe pain and... View More

Gerald D. Siegel
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answered on Mar 18, 2025

I am sorry to hear of this unfortunate situation.

You still have the right to full workers compensation benefits even though you were terminated. Those do not end with termination.

With respect to the terrmination, there is a law in Nj against retaliatory termination for asserting a...
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2 Answers | Asked in Workers' Compensation, Legal Malpractice and Medical Malpractice for New Jersey on
Q: Why attorneys turn down my case when they find out who my former attorney is?

I want to find an attorney that will help me with my case and not turn me down because they have relationships with my former attorney.

Joel Gary Selik
Joel Gary Selik
answered on Dec 13, 2023

If attorneys have a conflict, or other issue with the attorney to be sued, it is proper for them to reject the case.

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Q: I need help about how to calculate the compensation of a wrongful termination.

I was fired because of my disability and because I was being harassed by my coworkers at the time I was complaining about it to my superiors.

The case is already under investigation with the department of civil rights of New Jersey. But just in case I need a plan b, I'd like to know... View More

Paula M. Dillon
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Paula M. Dillon
answered on Dec 13, 2023

it is not clear to me whether your injuries were caused on the job and whether you filed a workers' compensation claim. You would need to contact a workers' compensation attorney. We can help you with that. you could have a separate disability discrimination case but I would need more... View More

1 Answer | Asked in Workers' Compensation and Social Security for New Jersey on
Q: NY WC § 16.1-c &16-5: would AWW - NYSAWW /10 be correct? 1945.83 - 1450.17 / 10 = 49.57 no offset per table 1 for yr2020

I need help figuring out the calculation for applying NY WCL Article 2 Section 16. If AWW (ACE) were 1945.83, and the NYSAWW were 1450.17, and disabled widow benefits (DWB) was 1896 per month, what would be the offset applied to the WC benefit? I understand that the combined total of WC and DWB... View More

James L. Arrasmith
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answered on Aug 6, 2023

For precise guidance on New York law, including the specific calculations and potential age-related changes to benefits, I strongly advise consulting with a legal professional who is knowledgeable in New York workers' compensation law.

Sincerely,

James L. Arrasmith...
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1 Answer | Asked in Workers' Compensation for New Jersey on
Q: Can I sue my attorney for neglecting a matter entrusted to the lawyer?

My attorney failed do to follow up on my medical complaints and now tells me it is too late to pursue the matter

Mr. Michael Joseph Dennin
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answered on Jul 31, 2023

You may have a claim for legal negligence. You may consider consulting with a lawyer who routinely handles legal negligence/malpractice matters in order to determine your rights.

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: I drank water from a fountain at my job. Dirty water. I think it made me sick. Is this lawsuit or worker’s comp worthy?

We finally got our fountain fixed a few weeks ago. I asked my manager was it okay to use, she said yes, but the water pressure was low. I never noticed anything. I happened to get sick around the next few days. I took off work one day, left early on the other days I worked. I was forced to use my... View More

Mr. Michael Joseph Dennin
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answered on Jul 31, 2023

If you consume something on the job that you believe made you sick you should report it to your employer. Often times, the employer will send you to a doctor to evaluate you and they will also investigate your claim. It is important to report it immediately to your employer, and let them know you... View More

1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Litigation and Municipal Law for New Jersey on
Q: Personal Injury Lawsuit, filed in the wrong County, can I get it tossed out?

Hello, I have a personal injury lawsuit on my hands due to someone falling on my property and having injury due to them not following my walk way and cutting across my property/lawn while working for a Big company. The Case was filed in Superior Court; Civil Division, but in the wrong County.... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 7, 2022

Yes if you have a lawyer you should definitely advise him of this fact.

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: Need Workmen Compensation Attorney for Morris County, NJ

I have an existing Workmen Compensation Claim.

During the process of the W.C. Claim, I found a Disability Attorney, and we had a simple exchange with him securing me full Disability on his initial submission.

Unfortunately, I had two very bad W.C. Attorneys (who were different... View More

Gerald D. Siegel
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answered on May 20, 2022

The WC judge was kind to clear the slate for you!!

You should select a new attorney based upon their experience and their reviews.

You can select an attorney from anywhere in the state as 99% of WC is done remotely now, except for trials.

Gerald Siegel

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: Workers Comp.

I work in food service and the doctor gave me a note stating that I can be on my feet for 3 hours total a day. My employer called me and told me that they can accommodate me for 3 hours of work a day. My question is: If I go back to work will workers comp pay me the difference of my 70percent... View More

Tim Rose
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answered on Feb 21, 2022

1. Yes 2. No. Workers comp should pay a portion of the difference in your normal wage and the 3 hours you actually are able to work (and its tax-free). Typically, you are unable to sue your employer for a work injury if there are not third parties involved. Seeking counsel from a NJ workers comp... View More

1 Answer | Asked in Workers' Compensation and Legal Malpractice for New Jersey on
Q: I have a workers'comp case. I do not believe my lawyer has represented me adequately. There were plenty inconsistencies.

I have a workers'comp case. I do not believe my lawyer represented me adequately. There were plenty of inconsistencies that weren't addressed.

I was asked,by my lawyer,to settle my case even though my injuries weren't completely final.

The case has been ongoing since... View More

Gerald D. Siegel
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answered on Jan 6, 2022

There is no right to a jury trial in workers compensation.

The same judge that would make a recommendation for a settlement is the same judge that would try your case and make a decision.

You are best off paying another WC attorney for a 2nd opinion.

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: I was injured at work January 2020 and went back to work October how long before insurance company makes an offer.
Tim Rose
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answered on May 9, 2021

It depends greatly on what you mean by 'offer'. Did they pay you for the time off work? Did they cover your medical bills? did you suffer any permanent disability? Did you report the injury at all?

A consultation with a workers comp attorney in your area is required to assure that...
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1 Answer | Asked in Workers' Compensation for New Jersey on
Q: I am looking to avoid paying for Workers Compensation Insurance.

I understand there are two ways, please confirm:

1. Keep company ownership as is (100% owned by my wife) and obtain NJ approval for self insurance. How can I do it? any form to fill? submit to where?

2. Transfer 100% company ownership from to me (as I am the only one who does work... View More

Tim Rose
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answered on Feb 5, 2021

Check with the NJ Dept. of Labor and Workforce Development based on what type of work entity you have created.

2 Answers | Asked in Business Law, Employment Law and Workers' Compensation for New Jersey on
Q: Do I need Workers Compensation Insurance if I have no employees in the business, except myself?.

We are family consulting microbusiness, owned by my wife (she does not do work in this business). I feel Workers Compensation Insurance is useless for us, but dont want to pay fine for not having it.

Thank you

Gregory

Tim Rose
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answered on Feb 3, 2021

You may still be required to carry workers comp insurance. Check with the NJ Dept. of Labor and Workforce Development based on what type of work entity you have created.

"Sole Proprietorship – All sole proprietorships operating in

New Jersey must maintain workers’...
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1 Answer | Asked in Workers' Compensation and Business Law for New Jersey on
Q: I worked or a company of food delivery and they were cutting our money

then they sent some checks. for me they sent an email they say they will send me a check of $13 But i'm sure it was more than $13 i heard some drivres they hire a lower and they get more than that

Gerald D. Siegel
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answered on May 18, 2020

This is not workers comp. It is more in the field of wage and hour compliance. Google the NJ Department of Labor. Go to the tab on Worker Protection and wage and hour compliance will pop up. That will make for good background reading. if you don't have the answer after that contact a wage... View More

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: I am a relatively new employee of Costco and believe I was injured because of the job; can I get compensation?

I am a relatively new employee. I started working about a month ago. That is around the time in which I began getting pain in my arms and strong numbness in my fingers. I waited a little bit to see if this was something that required me to get adjusted to or if it was temporary, but as I went to... View More

Gerald D. Siegel
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answered on May 17, 2020

It's hard to say from what you described as to whether you have a solid WC case. The best thing to do is to report your experience to Costco and ask to be seen by a company authorized doctor. You have to get treatment through Costco, although there are exceptions. A lot depends upon the job... View More

1 Answer | Asked in Contracts, Criminal Law and Workers' Compensation for New Jersey on
Q: What type of lawyer do i need?

I reside in NJ where but i was doing work in NY, where a county specific license was required to do home improvement. I have a court date and i need to know what kind of lawyer i should find. I didn't qualify for a public defender.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 13, 2020

You will probably need a New York criminal lawyer if the case is in New York. Speak with one to find out.

1 Answer | Asked in Employment Discrimination, Immigration Law and Workers' Compensation for New Jersey on
Q: An undocumented employee got injured at a work place and the employer doesn't seem to want to pay for the medical bills.

I have a part time job where an undocumented employee got injured on the job and the employer is asking him to fill out an I-9 verification form so that he can pay the medical bills. By the looks of things it seems like my boss is trying to get rid of him and not actually pay for the medical bills,... View More

Leonard R. Boyer
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answered on Oct 28, 2019

Both your boss and the undocumented worked are in violation of Federal law. It is unwise to post anything further about this in a public forum monitored by law enforcement. There is no attorney-client privilege online and this situation is far beyond the scope of this forum.

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