Transcript: 00:00:00 Most New Jersey automobile policies contain what is referred to as the limitation on lawsuit option that limits a person’s ability to sue for personal injury. If you have that provision in your policy, you need to prove death, disfigurement, dismemberment, loss of fetus, displaced fracture, or that you’ve suffered a permanent injury […]
What is “light duty” in Workers’ Compensation?
If an employee is injured at work and a workers’ compensation claim is set up, they will be referred to an authorized treating physician. That doctor will will be asked to comment on the employee’s ability to return to work. The doctor can say one of three things: the doctor can say that they can […]
What is a Workers’ Compensation Occupational Claim?
Most New Jersey workers’ compensation claims arise out of a specific accident or specific event. However, injuries that occur over time, or what we refer to as occupational injuries, are also covered under the New Jersey workers’ compensation statute. Those claims are treated just the same as a specific event type of claim. If you […]
What is a Workers’ Compensation Re-Opener?
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 […]