NJ Workers Compensation Lawyer
The New Jersey workers’ compensation lawyers at Rispoli & Borneo, PC have handled hundreds of workers’ compensation claims. We understand how devastating a work related injury can be to an injured worker and his or her family. The New Jersey workers’ compensation laws (N.J.S.A. 34:15-1, et seq.) are designed to provide an injured worker with certain benefits.
The benefits include:
- Medical Treatment: The employer or workers’ compensation insurance company is required to provide medical treatment to an injured worker. The cost of the treatment is paid 100% by the insurance company. However, the insurance company has authority to select the treating physician. If an injured worker treats with a physician other than the authorized treating physician, the insurance company will not be responsible for the cost of treatment.
- Temporary Disability Benefits: The employer or workers’ compensation insurance company is required to pay an injured worker 70% of his or her average weekly wage for the time missed from work because of the work related injury. An employee must be out of work for seven consecutive days before he or she is entitled to receive temporary disability payments.
- Permanent Disability: An injured worker can seek payment of permanent disability payments, as compensation for the percentage of disability caused by the work related injury.
- Death Benefits: When a work related accident results in a worker’s death, benefits are payable to the employee’s dependents. Benefits are paid weekly, at 70% of the deceased employee’s average weekly wage. In addition, the insurance company shall pay $3,500 in funeral expenses.
The attorneys at Rispoli & Borneo, PC are well versed in the rules that govern payment of medical and temporary benefits under the New Jersey Workers’ Compensation system. If all of the benefits owed to an injured worker are not paid in full, the attorneys at Rispoli & Borneo, PC can file a Motion for Medical and Temporary Benefits to force the insurance company to provide all of the benefits afforded under the law.
Contact Our NJ Workers Compensation Lawyer
An injured worker is allowed to re-open a claim and seek additional treatment and/or additional compensation. If you were injured and settled your claim, the attorneys at Rispoli & Borneo, PC may be able to file an Application for Review and Modification of Prior Award in an effort to obtain additional benefits. Most often these benefits include additional treatment and additional compensation for the work related injury. An injured worker only has two years to file such an application.
The legal firm of Rispoli & Borneo, P.C. has successfully represented many workers compensation cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.
Asbestos Exposure Workers’ Compensation Cases
Asbestos is a mineral substance that occurs naturally. It is generally made into a fluffy-like consistency and is heat resistant, and resistant to chemical or electrical corrosion. Historically, asbestos was used in the making of certain cloth, concrete, plastic, and paper to make the materials more durable. Until the facts came out that asbestos was dangerous, even deadly, to your health, businesses profited greatly from using asbestos.
What makes it so dangerous is that very tiny fibers can enter the body and over time be responsible for causing diseases. These hazards were covered up by industry executives for years and years.
If you were exposed to asbestos at your place of employment, is your company responsible for any injuries resulting from the exposure?
Asbestos and Workers’ Compensation
Workers’ compensation laws in most states are said to be an ‘exclusive remedy’ for recovering compensation as a result of being injured on the job. These laws also state that because of how the workers’ comp laws are structured, the employee cannot take their employer to court to recover more than what the workers’ compensation pays. So regardless if you fall and twist your ankle or develop cancer because of being exposed to asbestos, the same remedies apply.
Most workers’ comp claims are handled out of court, using an administrative team to decide how workers’ comp funds are distributed to the injured employee. The funds are raised by requiring contributions from employers and employees to state programs, or they are paid through private workers’ comp insurance companies.
If a claim is filed for exposure to asbestos, it is limited only to the employer. If there were manufacturers, contractors or suppliers that may have also been responsible for the conditions where asbestos was involved, they are not covered under the workers’ comp law. You are able to sue these companies in court, but you cannot sue your employer.
Who is Defined as the Actual Employer When Considering an Asbestos Case?
Because contractors often work at different job sites, the place of employment or who is the employer can get a bit murky. In construction or industrial settings, there are often several trades working at the same time in the same place. If there is asbestos found at the job site, who, then, is responsible for any injuries incurred as a result of the exposure?
The employer is who the workers get their paychecks from. A contractor may work at a particular site for most of their career but still get paid by a contractor and not actually be employed by the plant. This means that if the worker is exposed to asbestos while on the job, they can collect workers’ comp benefits from their employer and not from the plant where they work. They can, however, take the plant to court and sue them for injuries resulting from asbestos exposure.
If you find yourself in a position where you have been exposed to asbestos and are now discovering health issues resulting from the exposure, contact an experienced Newark Workers compensation attorney to determine if you are entitled to any compensation beyond workers’ compensation benefits.