If an injured worker settles a claim in workers’ compensation court under what we refer to as an order approving settlement, they retain the right to reopen their claim. To reopen a claim, the original injury must become worse. If it does, the injured worker may be entitled to additional medical care and/or additional […]
Do I have to prove my employer was at fault?
No. Workers’ compensation claims are what we refer to as no-fault claims. All you have to do is prove that you were injured within the course and scope of your employment, and you’re entitled to the benefits afforded to you under the workers’ compensation policy. Those benefits include temporary disability benefits, medical benefits, and […]
Can I get Workers’ Compensation and file a personal injury claim?
Under certain circumstances, you can pursue both a worker’s compensation claim and a personal injury claim. That occurs when your injury was caused by the negligence or fault of somebody other than your employer. What we refer to as a third party. The easiest way to think about this is by way of an example. […]
Can I sue my employer?
No, you cannot. If you’re injured at work or during the course and scope of your employment, as we say, you only have a workers’ compensation claim to pursue against your employer. There’s something in New Jersey referred to as the workers’ compensation bar, and that provides that you have to pursue a claim […]
Am I eligible for Workers Compensation if I aggravate a pre-existing injury? – Rispoli & Borneo P.C.
Workers’ compensation attorneys are paid based on the amount of money that they recover for their clients. It’s referred to as a contingency fee. In New Jersey, that fee can be up to 25% of what an attorney recovers for their client. Ultimately, the fee is at the discretion of the judge who approves […]
Am I eligible for Workers Compensation if I aggravate a pre-existing injury? – Rispoli & Borneo P.C.
Yes, you are entitled to workers’ compensation benefits based upon the aggravation of a pre-existing injury. The statute does not distinguish between a new injury and a pre-existing injury. You’re entitled to the exact same benefits, which are temporary disability benefits, medical benefits, and a permanency award or a settlement. Where your pre-existing condition […]
What if my injury leads to permanent disability? – Rispoli & Borneo P.C.
00:00 The workers’ compensation statute provides temporary disability benefits. It provides medical benefits, and it provides what we call a permanency award or a settlement. So if you’re injured and your injury turns into a permanent disability, you’re entitled to compensation based on the percentage of disability that you suffer. How do we arrive […]
Can I be forced to see the company’s doctor? – Rispoli & Borneo P.C.
00:00 Yes, you can. In a worker’s compensation claim, uh, an injured worker is provided with three benefits. They’re provided with temporary disability benefits, they’re provided with medical benefits, and they’re provided with a permanency order or settlement. With respect to those medical benefits, the insurance company is required to pay 100% of any […]
What happens if my employer refuses to file my claim? – Rispoli & Borneo P.C.
Transcript: 00:00:00 – 00:01:13 If you’re injured at work and your employer refuses to file a claim on your behalf, you should immediately send either an email or a text message to your boss or your supervisor and then save that email or text so that you have notice in writing later on. The […]
Can I be fired for filing a workers’ comp claim? – Rispoli & Borneo P.C.
00:00:00 – 00:01:10 This question upsets me and the answer is absolutely not. Employees in the state of New Jersey are protected and they can file a workers’s compensation claim without fear of discrimination. In fact, the New Jersey workers compensation statute specifically provides that an employee, an injured worker, cannot be discriminated against […]