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New Jersey Workers' Compensation Questions & Answers
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... View 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... View 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
H. Scott Aalsberg
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
H. Scott Aalsberg
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... View 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
H. Scott Aalsberg
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
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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... View More

Leonard R. Boyer
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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.

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: I have workers compensation case ,now The adjuster ask me to sign authorization of medical records , should I sign it ?
Leonard R. Boyer
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answered on Dec 14, 2015

If you have not already retained an experienced Worker's Compensation attorney you need to do so right away. If you have retained an attorney, then you need to direct your questions to that attorney. Good luck.

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: I was leaving for work when I fell and sprained my ankle. Can I claim workman's comp. against my employer?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 4, 2015

I doubt it. It's probably not considered an injury sustained while on the job.

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: I work 2 jobs I was out of work from getting hurt on one and was returned to work light duty but employer was unable to

Accommodate so they are paying me workmans comp but my other job can accommodate the restrictions is it illegal to work job 2

Leonard R. Boyer
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answered on Aug 21, 2015

Yes, it is legal to work 2 jobs, but you should retain a worker's compensation attorney. This costs you nothing out of pocket. Good luck.

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: Does workmens comp cover me on my break?
Gary Christmas
Gary Christmas
answered on Mar 10, 2011

Each state WC system is different so you need to contact an attorney in your area. The initial consultation is usually free and make sure you establish this up front. In many states like South Carolina where I practice, you are covered on your break as long as there is no "substantial... View More

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: Is it proper for ALL paperwork exchanges between lawyer and sued party to be shared with the client, including demands?
Erin Gallivan
Erin Gallivan
answered on Jan 21, 2011

Yes, all correspondence between the lawyers or between the lawyer and the other party should be shared with the client. In fact, a client arguably has a right to see everything in the lawyer's file.

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