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Will COVID-19 Change the Workers’ Compensation System Forever?

Category Archives: Worker’s Compensation

Will COVID-19 Change the Workers’ Compensation System Forever?

Even after the worst part of the coronavirus pandemic subsides, it will likely take many years to assess the ways it has altered American society and culture. Certainly, the effects on employment and the healthcare industry will be significant, so we should expect laws to change to address those changed circumstances. Accordingly, states might be… Read More »

What Is Workers’ Compensation Fraud?

Workers’ compensation is a state-mandated program intended to provide speedy medical benefits and other benefits to workers injured on the job. Benefits are obtained through insurance policies paid for by employers in exchange for release of liability for on-the-job injuries. Often exploited by employers and employees, the system is susceptible to workers’ compensation fraud. What… Read More »

Do I Have to Go to Court to Dispute Denial of My NJ Workers’ Compensation Claim?

When your claim for Workers’ Compensation is denied, you have the right to dispute the decision. Disputes are reviewed in a hearing before a judge of compensation within a district office of the New Jersey Department of Labor and Workforce Development. In fact, disputes do not see a real courtroom unless you choose to appeal… Read More »

Can Willful Negligence Affect my Right to Workers’ Compensation Benefits?

Negligence plays a role in most on-the-job injuries that qualify for Workers’ Compensation benefits under New Jersey law. In fact, one of the reasons for Workers’ Compensation is to help ensure that injured workers receive the payments they need regardless of fault. Even injuries caused by willful negligence can qualify for benefits — as long… Read More »

Where Does Your Job Begin?

On May 9, 2013, the New Jersey Supreme Court agreed to hear the case of Hersh v. Morris County, to decide physically where employment begins. Ms. Hersh, an employee of the County, was assigned a scan card to allow her access to a parking garage where the County maintained parking privileges for its workers. On… Read More »

Potential Narcotics Abuse in Workers Compensation Treatment

Injured workers suffering from pain are often prescribed opioids, highly addictive medications that can lead to long-term dependencies. Pain management during treatment is essential to healing. How to balance the risk of addiction and the proper treatment for chronic pain requires patient and medical vigilance. New York and Louisiana have the highest rates of prescribing… Read More »

New Jersey’s State of Well-Being

What constitutes well-being? Well-being is more than just being free from disease. According to the World Health Organization, health is “…not only the absence of infirmity and disease, but also a state of physical, mental and social well-being.” According to the Gallup-Healthways Well-Being Index, well-being is comprised of six measurements: Life Evaluation Physical Health Emotional… Read More »

What if Your Work Injury is Your Fault?

The founding principle of workers compensation is that an employee injured on the job can receive compensation regardless of whether the employer was at fault in any way. But what if the employer thinks the employee is at fault? Can the employee still collect? Under the law, the answer is generally yes. The purpose of… Read More »

The Going and Coming Rule

When is an employee not an employee? It may seem like a silly question, but it is a question that is constantly addressed by New Jersey courts determining whether injuries are covered by workers compensation. Consider some examples of cases the courts have decided: A department store employee is injured while shopping in the store… Read More »

How Does Repetitive Stress Fit into Workers Compensation in New Jersey?

Most people think of workers compensation as a program that provides coverage to workers injured in accidents while on the job. But NJ workers compensation goes far beyond coverage for injury sustained in an accident. Repetitive stress injuries can also be covered by workers compensation. While these types of injuries are more difficult to prove,… Read More »