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New Jersey Workers' Compensation Questions & Answers
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... Read more »

Gerald D. Siegel
PREMIUM
Gerald D. Siegel
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... Read more »

Tim Rose
PREMIUM
Tim Rose PRO label
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... Read 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... Read more »

Gerald D. Siegel
PREMIUM
Gerald D. Siegel
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
PREMIUM
Tim Rose PRO label
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...
Read more »

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... Read more »

Tim Rose
PREMIUM
Tim Rose PRO label
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
PREMIUM
Tim Rose PRO label
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’...
Read more »

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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
PREMIUM
Gerald D. Siegel
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... Read 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... Read more »

Gerald D. Siegel
PREMIUM
Gerald D. Siegel
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... Read 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 Esq.
H. Scott Aalsberg Esq.
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,... Read more »

Leonard R. Boyer
Leonard R. Boyer
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.

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: Workmans comp doctor stated I need therapy.doctor second oppinon saw mri and stated I need Ligamentous reconstruction.

Can I go with my second oppinon

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jul 8, 2019

This is a serious matter you should follow your attorneys advise and if you don't have one get one now. Most at least offer free in office consultations.

1 Answer | Asked in Personal Injury and Workers' Compensation for New Jersey on
Q: Injured by 3rd party at work, workers comp paid bills but will not release copies of the bills to me. What do I do?

I am trying to obtain the bills so that I can file a lawsuit pro se, with the initial attempt being a demand letter. I have also been contacted by the drivers insurance company wanting to settle this matter but without the bills I am unaware of what would be a fair offer. I asked the previous... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 11, 2019

If the bills are paid what does it matter however if you're saying this because you want to file a lawsuit let your attorney get the bills and give him a release to do this.

2 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for New Jersey on
Q: I'm a cook for ihop.a cook came in with bed bugs.owner found out but cook worked anyway.went to hospital and got it too.

Owner knew about it and choose for cook to work anyway.i have voice recording of dm telling owner about problem and medical records.

Peter N. Munsing
Peter N. Munsing
answered on Jan 9, 2019

If you got them usually workers comp is the only remedy unless you needed extermination work at your home. Contact a member of the NJ Assn for Justice who handles comp cases---they give free consults.

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1 Answer | Asked in Workers' Compensation for New Jersey on
Q: Do rideshare companies like Lyft and Uber offer workers' comp benefits for accidents I might get injured in that aren't

my fault?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Dec 26, 2018

Workers comp protects you whether it's your fault or someone else's

2 Answers | Asked in Workers' Compensation for New Jersey on
Q: If I was injured in a car accident at work, will workers' compensation benefits cover that?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Dec 4, 2018

Yes you should speak with a lawyer about this immediately, most of us offer free in office consultations and most will do this on a contingency fee basis (i.e you only pay the lawyer if you collect). Lastly you may not just be able to collect from your employer but also the person that hit you, if... Read more »

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1 Answer | Asked in Workers' Compensation for New Jersey on
Q: Are psychiatric work injuries evaluated differently than physical work injuries?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Nov 12, 2018

The answer is yes and no, but psychiatric injuries are much harder to prove that they came in and out of the course of employment.

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: My father is out on worker comp and he wanted to know could he make investments and profit from those investments .

Is watching a computer screen and pushing buttons on the keyboard considered working?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Oct 25, 2018

Yes as long as he is not working. But he should talk to his WC lawyer about this.

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: My wife was hurt first day on the job - she's still covered, right?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Oct 19, 2018

Yes she would be covered on the first day till the last day as long as she was working the course of employment.

1 Answer | Asked in Business Law and Workers' Compensation for New Jersey on
Q: I own an LLC company in New Jersey. We were given permission to perform work for a property management company.

Once we submitted their invoice for payment, they told us the check was ready, but they wouldn’t release it without proof of workman’s comp insurance. Is this legal? They allowed us to perform the work before ever requesting proof of any type of insurance?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 26, 2018

Did you have a contract, did they have a contract? Anyway you are required to have workers compensation insurance by law. Sounds like you need to get yourself a good contract written by a lawyer.

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: I have a NJ based LLC, do I as a employer have to have workmans comp for myself and also cover PT employees?

I just want to make this clearer. Do LLC Owners personally also need to be covered under Workmans Comp. or just their employees?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 19, 2018

Yes in general all employers need to have workers comp insurance.

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