New Jersey Workers Comp Lawyer
Workers’ compensation programs were established as a way to provide injured workers with the medical care they need without tension between them and their employer. If you were recently injured in the workplace, then we recommend speaking with us at Rispoli & Borneo P.C. about your situation. The focus is not necessarily on fault, but instead the intention of these programs is to help injured workers recover without them having financial hardships in the process. Our Northern New Jersey workers comp lawyer can make sure that your claim is handled fairly, that you receive the full amount of benefits you deserve, and that your employer does not engage in retaliatory behavior against you. We are ready to speak with you! Workers Comp Lawyer Northern New Jersey
There are many ways that workers may be exposed to hazards and risks while on the job. This could include exposure to toxic substances, fumes, or otherwise harmful elements that can make you sick or injured. After a workplace injury, our Northern New Jersey workers comp lawyer can review your case to assess the extent of your condition. One of the first aspects is to identify whether the injury is temporary or permanent. If the injury is temporary and you are able to return back to work in the foreseeable future, then the compensation you receive will be less than if your injury was permanent. It is possible that you may have suffered from a permanent injury that doesn’t hinder you from working, but does not allow you to do the same job as you had before. In these cases, you may be paid to undergo job replacement training so that you can find other employment. Along with the physical pain of a workplace injury, you may be dealing with mental health struggles as well. We have helped clients who are dealing with depression, anxiety, PTSD, diminished quality of life, and relationship problems. Our workers comp attorney believes that when someone sustains an injury or illness, it may not only affect their health but other areas of their life. You deserve to receive the compensation you need to return to the health you had before the accident. But if that is not possible, then you deserve payment for how your life has changed and what you have to do now to make it different. If you have questions about what we can do for you, please reach out to our workers comp attorney soon as possible.Why Experience Matters After A Workers Comp Injury Accident
It is important to have our workers comp attorney help you after a workplace accident so that your best interests are protected. Here are a few reasons why we recommend consulting with our team:- We have been dedicated to serving the community of New Jersey since 1994.
- We provide complimentary consultations so there is no risk in learning more.
- We are trustworthy and hardworking, committed to our client’s wellbeing.
Workers Comp Attorney Northern New Jersey Trusts for Non-Accidents
Every year, many Americans are injured on the job. Some of these employees are injured in workplace accidents; they fall off a ladder or scaffolding, they are hurt by a piece of machinery, they slip on a wet workroom floor, or they are involved in some kind of motor vehicle accident. These are the type of incidents most people think about when they imagine workers compensation claims. However, not every workers comp attorney in Northern New Jersey starts with an accident. In fact, there are two very common types of ailments that, if work-related, may be eligible for workers compensation benefits that do not involve accidents at all: illnesses and repetitive stress injuries.
Work-Related Illnesses in Workers Compensation Claims
You may be exposed to many hazards while on the job, including exposure to fumes, toxic substances, and otherwise harmful materials that can make you sick. For example, most people are familiar with asbestos, the dangerous material that can cause mesothelioma. If were are exposed to asbestos at work and suffer from a respiratory disease as a result, your employer’s workers compensation benefit program will likely cover this. In addition to well-known dangers such as asbestos, you may also be exposed to lesser known substances: toxic fumes or mold, dangerous chemicals, or even types of dust that could accumulate in your body. These substances may cause a host of problems including respiratory issues, recurring headaches, vision problems, rashes, and itching, among others. These illnesses can be life-altering and can require significant medical intervention to treat.Repetitive Stress Injuries in Workers Compensation Claims
Other non-accident ailments that may be covered under your employer’s workers compensation policy are work-related injuries that develop over time. Some people may refer to these injuries as cumulative injuries or repetitive use injuries. These injuries are often caused by moving your body in the same way over and over again. Common injuries in this category include carpal tunnel syndrome, tennis elbow, back problems, knee and other joint problems, and even neck and spinal problems. These are serious conditions that can require surgery, therapy, and other medical treatment to repair. Although perhaps less discussed, workplace illnesses and repetitive stress injuries may be even more common than injuries related to workplace accidents. These illnesses and injuries, however, still cause significant hardship for employees and can require long-term treatment and rehabilitation. Treatment and recovery can cause employees to miss work over a period of weeks, months, or even years. Some illnesses and injuries may be so severe that employees cannot return to the same line of work without risking even more damage to their health. In very severe cases, an injury might ultimately result in permanent disability or death.Do You Have a Permanent or Temporary Injury?
Following an on the job injury, your workers’ comp attorney in Northern New Jersey will need to review your case in full detail to determine the extent of your injuries. One of the first questions asked will be regarding whether your injury is temporary or permanent. If your injury is only temporary and it is foreseeable that you will go back to work once you’ve recovered, the compensation accrued to you will likely be less than if your injury had been permanent. Bear in mind, that it is possible to suffer a permanent injury which does not prevent you from working, but no longer allows you to do the same job. If this can be proven, a Northern New Jersey workers’ comp attorney may help you to recover the lost compensation from the position you can no longer perform. If you are covered by workers’ compensation, there may be different levels of benefits available to you. As a workers’ comp attorney in Northern New Jersey might explain to you, if your injury is permanent, it is possible that the workers’ comp will not be enough to compensate you. Should this be true, you may have to determine whether or not there are other options.There Will Likely Be At Least One Way to Recover Damages, Let a Lawyer Help You
The path you take towards recovering your damages will largely be based upon the above information, in addition to mitigating factors. Even though the procedure of recovering workers’ comp is similar, it is not the same for everyone. What you should understand now, is that there is usually at least one option available. It is a matter of finding that one for you. This is where it can help to have a workers’ comp attorney in Northern New Jersey on your side.The Impact of a Workplace Injury
In addition to medical bills and losing the ability to work, a workplace injury can impact your life in a number of other ways. Often, people feel that they lose a sense of purpose. Apart from the physical pain and suffering, we, at Rispoli & Borneo, P.C., have helped clients suffering from:- Depression
- Stress
- Anxiety
- PTSD
- Relationship Problems
- Diminished Quality of Life
- Medical Care
- Future Medical Care
- Rehabilitation
- Training
- In-Home Medical Equipment
- Travel Expenses
- Lost Wages
- Loss of Income
Northern New Jersey Workers’ Compensation Law Statistics
According to Rheumatology Research Foundation, carpal tunnel impacts 4 to 10 million Americans. Middle-aged and older persons are more likely to live with the conditions than younger individuals. The average age of a person living with CTS is between 40 and 50 years old. Women are three times more likely to develop carpal tunnel syndrome than men, likely because their wrists tend to be smaller. Some people who have surgery to alleviate the syndrome gain grip and pinch strength 2 to 3 months later, but some people don’t notice improvement until 6 to 12 months after the procedure. If you have developed CTS because of your job, make sure you contact a workers’ comp lawyer to find out what benefits you may be entitled to.Workers Comp Attorney Northern New Jersey Relies On Discusses Types of Workers Compensation Benefits
If you have been injured while a work, you may be entitled to workers compensation. There are a variety of benefits that employees can receive from workers compensation that are consistent throughout different states. In most states, workers compensation will provide disability benefits, medical coverage, rehabilitation, and even death benefits. While the benefits remain the same throughout different states, the way the benefits are provided does differ. You may want to contact a Northern New Jersey workers comp attorney if you are having to sort out your workers compensation. The workers compensation lawyers at Rispoli & Borneo P.C. will work to help ensure you are fairly compensated for the injury or illness you sustained while working.Medical Coverage
The most basic piece of workers compensation insurance is medical coverage. This would apply to all medical costs. Costs that would be included are:- Doctor visits
- Hospital care
- Nursing care
- Medical diagnostic tests
- Medications
- Physical therapy
- Medical equipment, such as wheelchairs or crutches
Disability Coverage
If an employee is receiving disability benefits, they are intended to replace the employee’s wages that they would otherwise lose due to being unable to work from an injury sustained at work. The employee would not receive the full amount of lost wages, but a portion of them. Disabilities are separated into four different categories:- Temporary Partial: The disability is short-term and the employee is partially disabled from their injury. An instance of this would be if an employee broke their wrist while working. They would be able to work part-time or do a job that doesn’t require strenuous work until their wrist is better.
- Temporary Total: When an employee is completely disabled and not able to work at all but the disability is short-term, this is considered a temporary total disability. An example of this time of injury would be if an employee hurts their back and is prohibited from working at all for eight weeks. After the eight weeks, the employee is able to go back to their regular work.
- Permanent Partial: The ability of an employee to work is partially impaired from a permanent injury. An example of this would be if they lost their hearing.
- Permanent Total: An employee is injured to the point where they are no longer able to earn income by doing the type of work that was done when the injury took place.
Rehabilitation Coverage
In many states, vocational rehabilitation is provided to employees who are not able to go back to work at their previous job due to a work-related injury. States also provide psychological rehabilitation is there has been a mental injury due to a job-related injury.Death Coverage
If an employee were to die from an injury at the workplace, the death benefits would be paid to the employee’s spouse, children, or any other dependents. The burial costs of an employee would also be covered.Answers from a Workers Comp Lawyer Northern New Jersey Trusts
When you have been injured while working, or have otherwise developed a work-related illness, it may be in your best interest to speak with a workers’ comp lawyer in Northern New Jersey. At Rispoli & Borneo, P.C., we have been helping injured and ill workers recover benefits in full, or to their maximum ability. If you believe you have the right to receive workers’ comp benefits, call Rispoli & Borneo, P.C., to learn more about the process and what you might expect. Do You Qualify for Workers’ Compensation? Typically, the answer is ‘yes’, you will be able to recover workers’ comp benefits. As a workers’ comp lawyer in Northern New Jersey might explain to you, there are a few occasions in which you will not be eligible. For example, if you fit into one of the following, workers’ comp may not be an option:- You are an independent contractor
- You are a volunteer
- You work on a farm that does not employ more than 6 people
- You work for the railroad
- You work for the maritime industry
- You are a federal worker
Statute of Limitations
Waiting to see what happens is not a good idea. There are very strict deadlines to filing a workers’ compensation. For example, you will likely have between 3 and 30 days to notify your employer of the accident. The average time is 10 days. Failure to do so could result in complications or the inability to recover benefits. Furthermore, you will need to get medical attention as soon as possible. If you wait, there is a greater chance that the insurance company, or even your employer, will dispute what you are saying. This will only result in delays and complications. By calling a workers’ comp lawyer in Northern New Jersey right away, you can ensure deadlines are met; thereby, increasing the likelihood of recovering maximum damages.Workers’ Comp Benefits
Workers’ compensation is available to help you prevent undue hardship, and to protect your employer against a claim or lawsuit. If you do qualify for the benefits, you may be entitled to:- Approximately 70% – 80% of your wages or salary
- Disability
- Paid medical care
- Paid future medical care for anything related to the injury
- Travel reimbursement
Questions To Ask Prospective Workers’ Compensation Attorneys
When Do I Need To File My Claim
Each state has a different workers’ compensation claims process. Therefore, the deadlines to file your claim vary from state to state. If you are working with an attorney before you file your claim, you need to ask what the claims deadline is. In many cases, you have 30 days to file, so you and your workers comp lawyer in Northern New Jersey may need to work quickly. An experienced firm, e.g., Rispoli & Borneo, P.C., understands your state’s requirements.What Is Your Analysis of My Case?
During your free consultation, you should ask each prospective workers comp lawyer in Northern New Jersey to evaluate your case. These professionals should be able to give you a general idea of what your case is worth and what benefits you are entitled to. Although they cannot guarantee a result, they should be able to give you a general estimate of your possible settlement or judgment. In addition, they should discuss the medical treatments and other rehabilitation services you should qualify for. These attorneys can also share their opinions on your case’s outcome. They may suggest that additional documentation be submitted, including medical records, doctor’s requests or referrals, witness statements, etc. Their goal should be to strengthen your case and improve your chances of success.How Long Will My Case Take?
Any reputable law firm, e.g., Rispoli & Borneo, P.C., can tell you that legal battles take time. At times, there is no way to tell how long you will have to wait for a resolution and the receipt of your settlement or judgment. However, experienced lawyers can give you a ballpark estimate or timeline. Although they cannot guarantee the resolution of your case by a specific date, they can estimate how long it will take based on your case details. However, the more information you can give your attorney about your case and injury, the better they may be at estimating when you will receive your money.What Do I Do About Work?
When you are injured, it is difficult to know when to return to work and what to expect when you return. If you go back and you are demoted, moved to another role, experience a wage cut, asked to perform duties that are outside your doctor’s recommendations or face any other form of retaliation, you need to contact your attorney immediately. In addition, your attorney should be in contact with your physician, and both of these professionals should be able to tell you when you are cleared to return to work and what accommodations your employer may need to make upon your return.The Five Most Common Workplace Injuries
Any job-related injury or illness can be the subject of a workers’ comp claim. A workers comp lawyer in Northern New Jersey can help you determine if you have a case against your employer. Here are five of the most common injuries that result in successful workers’ comp cases.1. Sprains and strains
Sprains and strains can occur when you slip and fall, move too quickly or lift something too heavy. According to the Mayo Clinic, sprains are injuries to the tissue that connects two bones, and strains are injuries to muscles or tissue that connects muscles to bones. An experienced workers comp lawyer in Northern New Jersey such as Rispoli & Borneo, P.C. can help you determine whether your sprain or strain warrants filling a workers’ comp claim.2. Fractures
Any time you break a bone, whether it’s a minor fracture to a serious compound fracture, you should seek immediate medical attention. Notify your employer, as they may have a specific physician for you to see for a workers’ comp injury. Fractures may be treated with anything from an ace bandage to casting or even surgery. No matter how minor, every fracture can be grounds for a workers’ comp claim. 3. Lacerations Lacerations may be the most common on-the-job injury, ranging from minor paper cuts to a deep wound that requires stitches. If the cut is severe enough, you will need medical attention to take proper care of it. A workers comp lawyer can help you decide whether a laceration is severe enough to warrant pursuing a workers’ comp claim.4. Eye Injuries
Eye injuries can be terribly frightening; according to Health Day, it’s the third most common health-related fear, after cancer and heart disease. Any injury to your eye, no matter how minor, should be taken seriously. A workers comp lawyer in Northern New Jersey such as Rispoli & Borneo, P.C. can walk you through this traumatic injury and its related workers’ comp case.5. Burns
Burns are another common workplace injury. From fast food employees to welders, construction workers to firefighters, burns may occur in any degree of severity. First degree burns are more easily treated, but second, third, and fourth degree burns are far more serious and may require extensive medical treatment. Make sure you consult a workers comp lawyer for advice if you sustain any burn that requires medical treatment. If you have a workplace-related injury, you should consult a workers comp lawyer in Northern New Jersey before you sign any documents related to your workers’ comp claim. Don’t try to handle workers’ comp on your own; it can quickly turn into a colossal mess. Rispoli & Borneo, P.C. are ready to take your call.Workers Compensation Infographic
Northern New Jersey Workers Comp Statistics
According to Rheumatology Research Foundation, carpal tunnel impacts 4 to 10 million Americans. The average age of a person living with CTS is between 40 and 50 years old. Women are three times more likely to develop carpal tunnel syndrome than men. This is likely because their wrists tend to be smaller. If you have developed CTS because of your job duty requirements, contact our office to speak with one of our lawyers to ensure that you receive all the benefits you are entitled to under New Jersey’s workers’ compensation program.Answers from a Workers Comp Lawyer Northern New Jersey Trusts
Can My Employer Refuse To File My Claim With Workers Comp?
It’s vital to report to your employer as soon as you realize you have an injury. With carpel tunnel, this can be difficult because you may not recognize the damage happening over time. However, you must file paperwork with your supervisor when you notice pain. Once you file a report with them, they must notify their workers’ compensation insurance by law. If your employer doesn’t want to do this or believes your injury didn’t occur at work, reach out to a workers comp lawyer in Northern New Jersey, such as Rispoli & Borneo, P.C. They may be able to work with your employer to encourage them to initiate the claim.What Happens If Workers Comp Denies My Claim?
There are many reasons why workers compensation might deny a claim. If any of the following reasons accompany your denial, reach out to a local worker comp lawyer in Northern New Jersey.- You didn’t receive treatment from a doctor who’s contracted with the workers compensation insurance.
- Proper medical documentation proving your injury didn’t get filed with your claim.
- You missed the deadline to file.
- Your work duties didn’t cause the injury because it occurred outside of work.
- You were intoxicated when the injury happened.
Should I Accept a Settlement From Workers Comp?
Once the workers compensation company approves your claim, they may offer you a settlement. This payout should cover your medical expenses, compensate you for missed time at work and cover any future lost wages. The insurance company may offer a lump sum or multiple payments over time. If you receive an offer, it’s a good idea to speak with an attorney from Rispoli & Borneo, P.C. before accepting. While you may be anxious to receive the money, an attorney can review your case and ensure you get everything you’re entitled to. If you believe you should receive more, you should not accept the settlement and proceed with assistance from a workers comp lawyer in Northern New Jersey.FAQ About Carpel Tunnel Worker’s Comp Claims
Can My Employer Refuse To File My Claim With Workers Comp?
It’s vital to report to your employer as soon as you realize you have an injury. With carpel tunnel, this can be difficult because you may not recognize the damage happening over time. However, you must file paperwork with your supervisor when you notice pain. Once you file a report with them, they must notify their workers’ compensation insurance by law. If your employer doesn’t want to do this or believes your injury didn’t occur at work, reach out to a workers comp lawyer in Northern New Jersey, such as Rispoli & Borneo, P.C. They may be able to work with your employer to encourage them to initiate the claim.What Happens If Workers Comp Denies My Claim?
There are many reasons why workers compensation might deny a claim. If any of the following reasons accompany your denial, reach out to a local worker comp lawyer in Northern New Jersey.- You didn’t receive treatment from a doctor who’s contracted with the workers compensation insurance.
- Proper medical documentation proving your injury didn’t get filed with your claim.
- You missed the deadline to file.
- Your work duties didn’t cause the injury because it occurred outside of work.
- You were intoxicated when the injury happened.
Should I Accept a Settlement From Workers Comp?
Once the workers compensation company approves your claim, they may offer you a settlement. This payout should cover your medical expenses, compensate you for missed time at work and cover any future lost wages. The insurance company may offer a lump sum or multiple payments over time. If you receive an offer, it’s a good idea to speak with an attorney from Rispoli & Borneo, P.C. before accepting. While you may be anxious to receive the money, an attorney can review your case and ensure you get everything you’re entitled to. If you believe you should receive more, you should not accept the settlement and proceed with assistance from a workers comp lawyer in Northern New Jersey.Can I Make a Carpal Tunnel Syndrome Workers’ Compensation Claim?
If you have a job that you spend a majority of the time typing on the computer or standing on an assembly line to install parts in a car, and you start to feel tingling or numbness in your fingers or hands, you could be experiencing Carpal Tunnel Syndrome. Carpal Tunnel Syndrome typically affects five percent of adults in the United States. It may sound like a small percentage, however, that adds up to over 15 million people who could be affected with Carpal Tunnel Syndrome. If you suffer with Carpal Tunnel Syndrome due to your job, you may want to contact the professionals at Rispoli & Borneo, P.C. Our team has over many years of experience in handling workers’ compensation claims. We will help you work through this process to try and provide you with the proper compensation for your pain and suffering.What is Carpal Tunnel Syndrome?
Carpal Tunnel Syndrome is when the median nerve, the nerve the runs from the forearm to the palm, is squeezed or pressed at the wrist. The median nerve controls all the movement in your thumb and first three fingers. The squeezing or pressing on the nerve makes the canal tighter which irritates the nerve. It usually is very painful and it gets worse with time. Carpal Tunnel Syndrome has a variety of causes as a workers comp lawyer in Northern New Jerseyknows all too well. It is most commonly caused by trauma or repetitive motion. Repetitive motion is when your hand or wrist is performing the same motions over and over again. There are many activities and jobs that involve repetitive wrist or hand motions. These include:- Playing a musical instrument
- Working on an assembly line
- Data entry or typing
- Sewing
- Mechanic work
- Painting
- Locksmith
- Cashier
- Agricultural work
Symptoms of Carpal Tunnel Syndrome
While Carpal Tunnel Syndrome is a common ailment, the symptoms tend to differ from each person suffering from it, as well as the type of activity each person is performing. The most common types of symptoms include:- Burning, tingling, or numbness in first three fingers or thumb
- Pain in hand that leads up to shoulder or arm
- Loss of dexterity in hand
- Increased frequency of dropping objects
- Inability to pinch or grasp
- Weakness of grip
Schedule a Consultation
You may have a legal claim if you have been diagnosed with Carpal Tunnel Syndrome. If you have Carpal Tunnel Syndrome due to repetitive activities from your job or a workplace accident, you may want to contact a workers comp lawyer from Rispoli & Borneo, P.C. Our team of professionals will help determine your grounds for pursuing a workers’ compensation claim. You may be able to receive compensation for your lost wages, medical expenses, and any compensation from your injury resulting in disability. It is important to have someone on your side when filing a workers’ compensation claim for Carpal Tunnel Syndrome. Contact a skilled Workers Comp Lawyer Northern New Jersey trusts from Rispoli & Borneo, P.C. today to schedule a consultation.A Workers Comp Lawyer Northern New Jersey Trusts Explains Work Injuries Cause by Third Parties
A workers comp lawyer knows that there are situations when a worker is injured that were actually caused by third-party negligence. For example, if a delivery driver is injured when their vehicle is smashed into because another driver ran a red light, this would be a third party work injury. In these situations, the injured driver could be eligible for both workers’ compensation benefits and additional compensation in a personal injury claim against the driver who ran the red light. At Rispoli & Borneo P.C., we have extensive experience in third party work injury claim. We understand the legal complexities that are often involved in dealing with two different types of actions simultaneously and how important it is to be well versed in both areas of law. Contact us today to find out how we can help with your injury claims. Third Party Claims When a Northern New Jersey worker is injured in an accident caused by a third party, both claims should be treated separately. For example, in the scenario described above, the delivery driver would notify his or her employer of the injury and then file a workers’ compensation claim. Once the claim is accepted, that worker would have all of his or her medical expense covered and begin receiving a percentage of their wage each week. The workers’ compensation claim would go through the same process as any other claim. The extent of the driver’s injury would determine how long they were out of work recovering, when they could return to work, and whether there are restrictions on that return. In the meantime, your Northern New Jersey workers comp lawyer could also file a personal injury claim against the driver who caused the accident. Under a personal injury claim, a victim can pursue damages for the following: · All past, present, and future medical expenses · Loss of income and loss of any benefits · Pain and suffering · Emotional anguish · Scarring or disfigurement There are other losses a victim can pursue in a personal injury claim. Your workers comp lawyer can explain which of these losses apply in your case. In addition, there are cases where a victim can also receive punitive damages. This is often true in accidents where the at-fault party has broken the law, such as running a red light. Personal Injury Awards If you are successful in your injury claim, the workers’ compensation insurance company is entitled to receive the benefits they paid out for you for medical expenses and to you in wages if you are also awarded those same benefits in your personal injury claim. You are allowed to keep all other damages awarded to you.