Legal Question in Workers Comp in New Jersey

''Disabled'' but still able to work?

My husband was injured on the

job (was a chemist exposed to

a chemical that left him highly

sensitive to this chemical and

its many derivatives, with

permanent asthma-like

symptoms) and had to switch

careers, suffering a 50%

decrease in earning potential

(from PhD chemist to high

school math teacher).

Questions: Is his inability to

work in his former field a

''partial disability'' and could he

collect future lost wages under

workman's comp laws?

Does the fact that he's

employed now make him

ineligible to collect workmans

comp? When he was exposed,

he became unable to enter the

building (even though the

chemical was removed), and

his company allowed him to

work from home in the capacity

of grant writer. He never

actually missed any work.

His health is permanently

affected; he has medical bills

from ER visits and uses an

inhaler and is unable to

exercise as he used to.

Thanks in advance.

Asked on 8/30/07, 10:36 pm

2 Answers from Attorneys

Ronald Aronds Law Office of Ronald Aronds, LLC

Re: ''Disabled'' but still able to work?

This is a difficult case, but still falls under the purview of workers compensation. The fact that your husband got a new job is irrelevant. In order to determine how much disabiity your husband has I would need to send him to a couple of doctors for examinations to determine this. Most likely I would be able to get him a monetary settlement for his injuries. Lost wages and decreased earning capacity are not factored into workers compensation settlements. Remember also that the claim has to be filed within two years of when your husband first became aware of the medical problems caused by the chemical exposure. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

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Answered on 9/04/07, 2:14 pm
Robert Davies The Davies Law Firm, P.A.

Re: ''Disabled'' but still able to work?

Wow. What you describe is devastating.

I will assume that your summary is accurate and complete. You can be sure that if you bring a lawsuit or worker's comp action, that the opposing attorney will strongly attack every part of this claim.

I generally do not do worker's compensation cases any longer, because it takes almost as much work as a car accident case, and the amount of money that is paid to my clients is ridiculously inadequate to compensate them for their injuries. Also, the attorney gets paid so little on worker's compensation cases, that the attorneys who do this must handle many, many cases to make a living. And so can not spend as much time and effort to investigate and prepare as they would like to, to do it properly.

You need to consult a smart, tough attorney who can assist you. Do NOT go to an attorney who handles hundreds of worker's compensation cases for a living. I know of several very good lawyers who could help you. I do not do this kind of work, as I said.

Please call my office if I can assist you. I will give you names and telephone numbers for attorneys who can assist you. You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 8/31/07, 10:43 am

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