Legal Question in Workers Comp in New Jersey

Can I still get WC if I'm still working?

A few weeks ago I hurt my upper back while lifting something at work, I informed my supervisor and he had me go to the company doctor which in turn sent me for an MRI and found out I have a herniated disck in my upper back area. I just started going for phisical therapy, but I'm still having lots of pain and get constant headaches, however i have not stopped working because i simply cant afford to take any time off. Am I still entitled to get anything from workmans comp.


Asked on 10/12/06, 12:34 pm

3 Answers from Attorneys

Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Can I still get WC if I'm still working?

Absolutely likely. There are three aspects to every comp claim - 1) Med (bills and doctors), 2) temp - (partial payment of lost wages while out of work, not full salary) and 3) permanancy.

When you suffer any injury that has a permanent aspect, you are entitled to be compensated. Although you can make a claim on your own, it is strongly suggested that you not. First, in most cases the comp carrier has to pay most if not all the attorenys fees for both parties. Secondly, the payment is based upon a determination of percentage of disability where the comp carrier will bring in a doctor who will give the lowest percentage imaginable. The claimant - employee, has to bring in a doctor who gives a real opinion of what the disability or permanance is and the judge then determines where, usually very much in the middle, the answer lies. Then based upon that percentage and your prior wages, you get an award.

In order to maximize the award and see yourself through the process you should seek an attorney Certified by the Supreme Court as Worker's Compensation attorney; a rare but very skilled breed. Two of my partners, Patrick Caulfield and Richard Marcolus are Certified Worker Comp attorneys.

Please feel free to contact us for discussion of your rights and how we may be able to help you. We have a number of offices and practice throughout the state. Please let me know if we can be of further assitance. We can be reached at 800-34 NJ LAW

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Answered on 10/12/06, 12:49 pm
Scott Diamond DIAMONDLAWYER

Re: Can I still get WC if I'm still working?

most likely. Workers comp. is unique in that your medical bills should be paid, you should get money for time out and you will get an awrd for a permanency finding. It can get complicated. I have a workers comp dept. that can help if you like.

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Answered on 10/12/06, 1:08 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Can I still get WC if I'm still working?

There are a few very important benefits that you are entitled to receive if you get injured on the job in New Jersey. The first of these is free medical care paid for by your employer's workers compensation carrier. The second one is the receipt of temporary disability payments if the company doctor puts you out of work. Finally, you can receive a permanent disability award if your condition does not improve 100%. In your case what needs to be done is to have you re-evaluated by the company doctor with the aim of allowing you to be out on temporary disability and get paid for it while not having to continue to aggravate your back by continuing to work before you're healed. I am an attorney who has handled hundreds of workers compensation cases similar to yours in various workers compensation courts throughout New Jersey in the past. I would like to discuss your case with you in more detail. Please contact me about this. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 10/12/06, 5:26 pm


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