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New Jersey Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for New Jersey on
Q: Are part-time workers eligible for workers' compensation if they're injured at work?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 11, 2018

Yes anyone who is being paid on the job is entitled to workers compensation if injured. If you are injured you need to contact one of us lawyers ASAP it all starts with the free in office consultation most of us offer.

1 Answer | Asked in Contracts, Employment Law, Workers' Compensation and Medical Malpractice for New Jersey on
Q: Patient abandonement?

Is the driving EMT guilty of "patient abandonement" if he leaves a completley stable & oriented patient with little chance of deteriorating with the treating EMT at a dr's office for a "wait & return" transport, to drive to get food taking 9-12mins? He hadnt eaten... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 20, 2018

I can't speak to the employment law issues, but if the patient was injured or suffered any loss it could actually be criminal in nature. Your responsibility to the patient is separate from you employers duty to you.

2 Answers | Asked in Workers' Compensation for New Jersey on
Q: IN NJ does a corp with the 2 owners (husband & wife) being the only employees need workers comp insurance by law?

Specifically the question is about a S-Corp Incorporated in NJ.

Business is operated in NJ.

Husband and Wife are the only Owners, Shareholders, Officers, Directors, and Employees.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 10, 2018

In general all corps need workers compensation insurance but you should speak with a lawyer as a way around it may exist. Of course expect to pay for the consultation.

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1 Answer | Asked in Workers' Compensation for New Jersey on
Q: Another car hit me in my company's parking lot as I walked from my car into the office.

Can I file a separate workers comp claim?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 3, 2018

Maybe much more information would need to be known, but you have at least a personal injury case against, the person who hit you. I suggest you immediately contact one of us lawyers to determine what should be done to get you the most money.

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for New Jersey on
Q: being threatened about losing my job after they found out Im pregnant I need to know if this is right and fair?

I just started working for this company that does eyelash extensions. I have been working very hard 2 jobs because I am 100 percent capable. After just 2 weeks of being there my manager went through my personal stuff on facebook and looked at my personal pictures and found out I was pregnant that... Read more »

Emre Polat Esq.
Emre Polat Esq. answered on Mar 7, 2018

No. They can't discriminate against you because you are pregnant. If you feel that is the case, a consultation may be worthwhile to determine your claims and option.

1 Answer | Asked in Civil Litigation, Medical Malpractice and Workers' Compensation for New Jersey on
Q: Should my current employer workers compensation adjuster or Medical examiner question me about a previous settlement

The workers comp adjuster and medical examiner question me about my previous settlement and cases for a different company that happen years ago. Is it illegal to do such a thing. Seeing that the IME will determine my value of the nature of my injury

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 27, 2018

This question is best answered by your workers compensation lawyer, that being said it would be perfectly relevant because in workers compensation they need to know about any pre-existing claims so they determine whether this is a re-injury and to see if you have already been compensated for the... Read more »

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: Are workers' comp and disability insurance the same thing, or are they separate so I could potentially use both at the

same time if I'm injured on the job and need to take time off to recover?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 21, 2017

Not the same thing, but for each you need to be out of work and need a doctors to determine whether you should stay out of work. I suggest you see the assistance of a lawyer to know exactly what can be done in your case.

2 Answers | Asked in Criminal Law, Employment Law, Traffic Tickets and Workers' Compensation for New Jersey on
Q: shoplifting amended

I was arrested on charges of shoplifting. The charges were dismissed and amended to a municipal ordinance. Since the conviction was dismissed and amended to a municipal ordinance this would not be a moral turpitude crime?

municipal ordinance petty offense? Moral Turpitude???

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 25, 2017

For immigration purposes it could be and it would depend on the wording of the ordinance AND what was admitted to in the plea. Thus the reason to make sure you have a lawyer that knows both criminal and immigration law when you are an immigrant in trouble with the law.

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1 Answer | Asked in Workers' Compensation for New Jersey on
Q: What types of psychological injuries are covered by workers' comp laws?
Paul J. Riviere
Paul J. Riviere answered on Nov 2, 2017

Both accidental injury or an occupational disease resulting from stressful working conditions may be compensable. Generally, the working conditions must be stressful; when viewed objectively, the stressful working conditions must be peculiar (not just common to everyone) to a particular work... Read more »

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: Do I get paid my regular wage while I'm out on workers comp?
Paul J. Riviere
Paul J. Riviere answered on Sep 21, 2017

You will get 70% of your wages if it doesn't go above the cap. You need to have an attorney file a claim petition and possible motion for temp wage benefits if your not already getting them.

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: Do I have any kind of right to say which doctor I want to go to related to a workers comp claim?

My employer wants to send me to some quack who I don't trust.

Paul J. Riviere
Paul J. Riviere answered on Aug 11, 2017

Under the New Jersey Workers' Compensation law you do not have the right to choose your doctor(s) for a workers' comp injury. Hence, the reason they call it authorized treatment. You can request to see someone else if you feel badly about the doctor you are scheduled to see or are... Read more »

1 Answer | Asked in Consumer Law, Copyright, Personal Injury and Workers' Compensation for New Jersey on
Q: is it legal to put hidden camera in store main area in nj without business owner permision ?

town put it and took off without permission

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 20, 2017

They would need a warrant in most cases.

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: Can you be fired for filing a workers comp claim?
Paul J. Riviere
Paul J. Riviere answered on Jun 9, 2017

An employer cannot fire you for filing a workers compensation claim. Doing so violates the law in New Jersey.

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: Can you be fired while you're on worker's comp?
Paul J. Riviere
Paul J. Riviere answered on Apr 28, 2017

Your employer cannot fire you because of your workers' compensation claim. With that said, assuming that you are an at-will employee, your employer can fire you while you have an open workers' compensation claim for other reasons which do not violate the law.

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: My boss is trying to prevent me from filing workers comp - is that allowed?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 8, 2017

Depends but much more information is needed such as the extent of your injury, where you were injured etc, etc. I suggest you set up a consultation with a good lawyer.

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: i got injured at work placed on workmans cimp had back surgery placed on mmi still in a lot of pain sent for a second

opinion having more surgery doesn't workmans comp have to start payments again

Peter N. Munsing
Peter N. Munsing answered on Mar 12, 2017

Should. I assume you have an attorney--you want to discuss that. If you dont have an attorney contact a member of the NJ Assn for Justice who handles comp-=-they give free consults. You may also have a social security disability claim as you may have been disabled for a year or more. However the... Read more »

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: Do I need to have missed work time to qualify for workers comp?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 25, 2017

You need to have an injury that occurred during the course of employment and arising out of your employment. Some injuries a person never misses work, but simply can't perform the work any longer, but this must be medically substantiated.

1 Answer | Asked in Car Accidents and Workers' Compensation for New Jersey on
Q: My personal injury case settled and the WC is pending. Do I have to pay back the settlement they give 42% plus the lein?

For example if workers comp gives me a settlement of 100k and my lein is 106k which has already been paid back by my personal injury case, do they also get back 2/3 of the 100k? Would it be 2/3 of 206k or the 100k settlement would not be included?

Peter N. Munsing
Peter N. Munsing answered on Jan 8, 2017

Depends on what arrangements were made with comp.Suggest you sit down with your attorney(s) and discuss this in person.

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: I work in an office complex with numerous buildings. I fell in the parking lot and I'm to!d that it isn't workers comp.

I'm told that it is a facility issue and I have to use my PTO time to go to a doctor and my medical insurance has to be notified regarding gpayment.

Leonard R. Boyer
Leonard R. Boyer answered on Mar 11, 2016

You need to retain a worker's compensation attorney immediately. Who ever made the statement to you was not an attorney. Retain counsel and then move on.

1 Answer | Asked in Personal Injury and Workers' Compensation for New Jersey on
Q: I am a new jersey public school teacher and was injured in school by a normal middle school student in NJ.

I have been a teacher for almost 10 years. Well liked etc. I am only 30 years old and now have a severe back issue. Before this injury I was training for a ironman in which I was unable to keep training for the race and not compete this past summer. I started with a doctor who they approved me to... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Feb 24, 2016

You need to have an in person consultation with an experienced workers compensation/ personal injury attorney. You should always do what is medically best for you. Good luck and I hope your surgery goes well.

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