New Jersey Workers Compensation Legal Questions

Judges rule all in comp and depending on who Judge is and Respondent Counsel is goes long way to resolve case or never get resolution of case or trial until seasons come and go and elections come and go.   You should discuss this with your Lawyer.If he is seasoned Comp Attorney he may explain that is what going on.... Read Answer

I am not sure without all facts ,but in NJ Comp,you get 70% of gross wages while out up to max allowed for year of accident or no more than 903. per week for 2018.If you were a higher income earner,there is no law in Comp where you can get all your wages covered.   As to injury,NJ has a disability chart  and the goal of your Lawyer would be to work out a % of disability to the body parts hurt and that has a Dollar figure.If it can not be reolved ,then the Judge after full trial with Doctors dtermines the % of disability.The dollar figure in the chart can not be changed.   You have 2 years after an awrd in Court ,from the time you get your last check from insurance ,to file a reopner if yoou believe your injury worsened.After that you will probably be time barred from filing same. Andrew H Graulich Esq   973-493-6468 www.graulichlaw.com  ... Read Answer

You may have a Workers Compensation claim based upon “occupational exposure” which in your case was repetitive movements over a prolonged period of time.  I would recommend that you consult with an experienced workers compensation attorney.  Sincerely, Edward P. Shamy, Jr. 732-821-0400... Read Answer

Hi Patrick, Unfortunately, there is no law that requires an employer or insurance company to authorize a physician within a certain period of time  There should be a law but there isn’t.   So your best recourse is to retain counsel to represent you to file a motion for medical benefits to compel the insurance carrier to authorize an orthopedic specialist or to allow you to select your own orthopedic physician   I would not wait to take action because the quality of the result that can be obtained on the reattachment of your bicep tendon could be adversely affected by a delay in receiving that treatment. Sincerely, Edward P Shamy, Jr 732-821-0400  ... Read Answer

Your workers compensation carrier has a right to chose your medical doctors. That said, you should consider hiring a lawyer because often you have to fight with a carrier to get the care you need. Additionally, if you have a significant injury, you have a claim for permanency benefits related to that over and above claims you have related to medical care.  Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

It is a little hard to follow your question, but if you were injured at work you should be able to obtain all necessary care for your employers workers compensation coverage. If you don't have a lawyer you should contact one who specializes in Worker's Compensation cases. It is a very individualized field. We an attorney in our office who does nothing but these kinds of cases. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz ... Read Answer

You should raise this issue with your workers compensation attorney. If you do not have one, you should get one because if you are scheduling surgery you have a singificant injury.  Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz. ... Read Answer

It is hard to provide you with information in the absence of more facts. Have you prosecuted a workers compensation claim already? Are you seeking to assert a claim against a third party, or re-open a claim.   You need to be more specific about what it is you are trying to get an attorney to do.  Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz. ... Read Answer

You have a meritorious workers compensation case.   Whether or not you have a valid third party case against the manufacturer of the machine is another question.    There are requirements for machines to be properly guarded and there may be a case.    Call Jose Hernandez at 856.779.9500 on Monday and he can help you in more detail.    ... Read Answer

Generally in NJ it's two years from the date of the injury.  There are exceptions for minors, and other exceptions that an attorney can explain.  Since there is no fee for an initial interview, contact a lawyer right away  There is no reason to wait.   If you are really hurt on the job, then Jose Hernandez in our firm can help you.   856.779.9500.     Also, if claims involve a government entity those claims must be filed within 90 days of the injury.  Be careful.    Good luck. ... Read Answer

Insurance companies are very powerful in NJ where Prudential has its world HQ.    In NJ if you settle a third party case, say e.g. against a machine manufacturer whose machine didn't have a guard,  some of that settlement has to be returned to the workers compensation carrier because of existing law.   Sometimes the workers compensation lien can be negotiated downwards.   Generally they want two thirds of what they paid, but there are exceptions.   Write to your legislators in Trenton and tell them to change this.   ... Read Answer

It is always best to see a lawyer right away.  Lawyers  doing workers compensation or personal injury cases never charge a fee for the initial consultation José Hernandez in our firm handles Worker's Compensation cases and he will happy to talk with you at no obligation his phone number is 856 779 9500... Read Answer