Legal Question in Workers Comp in New Jersey
My husband fell through a deck at work. He was out for 3 months, the dr let him go back to work because he had a helper to do all the heavy lifting. He was still doing physical therapy 3 x a week though. After 2 months his employer laid him and his helper off. He was still in PT 3x a week. He filed for unemployment. The spine specialist has since told him that he will need a fusion surgery on l1-l2. This will render him unable to work for 4-6 months. Will he be able to collect wc pay since he will no longer be able to claim unemployment? Is it legal for them to lay him off if he is still getting treated for the injury? Can the contractor who put the temp wood on the deck be sued?
4 Answers from Attorneys
Re: Workmens comp
You have asked several questions. First, you cannot collect comp and unemployment at the same time. So decisions need to be made. Secondly, he can get laid off. Lastly, he may be able to sue the contractor, certainly he is entitled to comp permanancy benefits. We specialize in construction site accidents and have had a lot of success in the area. we can evaluate the liability and chances of recovery. Our firm takes the cases on a contingent basis and has the type of resources needed to pursue this type of case.
The long and short of it is that your husband needs an attorney to help protect him and advise him how to best maximize his recovery. Please call me or e-mail, we can certainly help. I can be reached at 800-34-NJ-LAW.
Re: Workmens comp
In New Jersey, any employee,injured at work, regardless of fault, may be entitled to three benefits:
1. Free medical care; 2. Pay while unable to work; and 3. A cash settlement for loss of function caused by the work-related injury.
Q: How do I get medical treatment?
Except for an emergency, (a trip to the emergency room and/or hospital), your employer is to furnish you with medical, surgical and other treatment and hospital services that are necessary to cure and/or relieve you of the effects of an injury and to restore the functions of an injured part, member or organ of your body where such restoration is possible. The employer, and more specifically, your employer’s workers’ compensation insurance company, is responsible for and can control, authorize or de-authorize medical care for the injured worker. The employer and/or the insurance carrier may use any number of methods to provide medical care including a primary physician and clinics and/or managed care organizations. In order for you to receive medical treatment and to have your employer or your employer’s workers’ compensation carrier pay for your medical bills, you must go to the doctors authorized by your employer or your employer’s workers’ compensation insurance company.
Q: Can you see your own doctor?
A: The answer to this question is generally “Yes”. You may see you own doctor if your employer or employer’s insurance company has notice of a particular doctor’s care and has not de-authorized the same or specifically told you that you have to see a particular doctor only. If there is a dispute between doctors as to what car you need, the issue may have to be decided by a judge.
Q: How long do I have to file a claim for Workers’ Compensation benefits?
A: The Statute of Limitations or the time period in which you must file a claim for New Jersey Workers’ Compensation benefits is generally two (2) years from the date of the accident.
You may have an additional cause of action against the general contractor.
Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the
Commonwealth of Pennsylvania. The information contained in this response is intended to
provide general information regarding a general legal question. This information contained in the
response is not to be construed as legal advice and you should not rely upon any information as
legal advice. Legal advice can only be obtained through a complete consultation with my office
or an attorney admitted to practice law in your State. Any information obtained through this
response should not be deemed to create any attorney/client relationship.
Please contact me for a free initial consultation.
Blair C. Lane, Sr.
Attorney at Law
Earp Cohn P.C., 20 Brace Rd, 4th Floor, Cherry Hill, NJ 08034
E-MAIL: [email protected], Web Site: www.njattorneyatlaw.com
Re: Workmens comp
If the surgeon (provided by your insurance company) recommends surgery, your husband is entitled to temporary disability benefits (70% of his gross weekly wages capped depending on the year of his accident) during the recovery period.
You should receive a check every 4 weeks.
If the Insurance Company does not provide the temporary disability benefits, you must file a Claim Petition and a Motion for Medical and Temporary Benefits. You can apply for State Disability Benefits and indicate that the disability is work related and they will pay the disability benefits and put a lien on any temporary disability benefits your husband later receives from the insurance company.
Good luck. If you need assistance, I am willing to help.
John M. Pinho
Re: Workmens comp
If the surgery is authorized and paid for by workers compensation, then he will be able to collect temporary workers compensation disability. His boss does have the right to fire him, barring some union or employment contract to the contrary. There MAY be a third party claim that can be investigated but each case is fact specific so before I can give you a definite answer to that question I would need to discuss the details with you or your husband. I am an attorney who has handled many cases similar to your husband's in various workers compensation courts throughout NJ in the past. Please contact my office so I can discuss how I can help your husband get the benefits he is entitled to and also how I can get him a monetary settlement on his claim. I never charge for simply talking to a person about their case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-