Blog
- New Jersey Court Discusses Exclusivity of the Workers’ Compensation Law
April 01, 2022
Read MoreIn most instances in which an employee suffers harm while working, the New Jersey Workers’ Compensation Law (the Law) provides the employee’s exclusive remedy. There is an exception, though, for cases in which the employer commits an intentional wrong. Proving an employer’s intentional act caused an employee’s harm can be difficult, as discussed in a […]
- New Jersey Court Discusses Exception to Workers’ Compensation Exclusivity
April 01, 2022
Read MoreGenerally, New Jersey’s Workers’ Compensation Law (the Law) provides the sole remedy for an employee who is injured at work. However, there are some exceptions that allow an employee to pursue claims against an employer in a civil lawsuit in addition to recovering workers’ compensation benefits, such as when an employer engages in an intentional act […]
- New Jersey Court Discusses Due Process Rights in Workers’ Compensation Claims
March 31, 2022
Read MoreWhile in some instances, the work-related nature of an injury is not disputed, in other cases, the employee and employer may disagree as to whether an injury was sustained at work. Thus, in some cases, a hearing may be held in front of a workers’ compensation judge who will ultimately make a determination as to […]
- New Jersey Court Clarifies What Constitutes a Work-Related Injury
March 31, 2022
Read MoreIt is not uncommon for companies to host fundraising and community events and for company employees to work or attend the events. If an employee is injured during such an event, it may be disputed whether the injury is work-related so as to warrant an award of workers’ compensation benefits. Recently, a New Jersey appellate […]
- Court Explains Odd-Lot Doctrine in New Jersey Workers’ Compensation Claims
March 31, 2022
Read MoreUnder the New Jersey Workers’ Compensation Law, an employee that is totally disabled due to a work-related injury is owed greater wage benefits than an employee that is partially disabled. While typically a total disability will arise out of a physical or psychological injury, in some cases, other factors may be considered in determining whether […]
- Court Discusses Eligibility for New Jersey Workers’ Compensation Benefits
March 31, 2022
Read MoreIn New Jersey, a person who suffers injuries while working may be eligible to recover workers’ compensation benefits but only if he or she meets the requirements set forth under New Jersey’s Workers’ Compensation Law (the Law). Specifically, in order to recover benefits a person must demonstrate not only that he or she suffered an […]
- New Jersey Court Explains Requirements for Modifying a Workers’ Compensation Award
March 31, 2022
Read MoreIn many instances, even if an injured employee is awarded workers’ compensation benefits, the award may be inadequate to cover the employee’s income loss or the cost of medical treatment. Thus, the New Jersey Workers’ Compensation Law allows employees to seek modifications of benefits awards under certain circumstances. There are time limitations as to when […]
- New Jersey Court Discusses Elements of a Third-Party Claim for Work Related Injuries
March 31, 2022
Read MoreTypically, when an employee in New Jersey suffers an injury in the workplace, New Jersey Workers’ Compensation Law provides the exclusive remedy for the employee to pursue compensation from the employer. In many instances, however, an injured employee may be able to pursue claims against other people or entities that caused the employee’s injuries. The […]
- Court Discusses Reconstruction of Wages in Workers’ Compensation Cases
March 31, 2022
Read MoreEmployees who suffer injuries at work are often unable to work due to their injuries. Thus, in addition to recovering medical treatment benefits, many injured employees are able to recover workers’ compensation benefits for lost wages. In some cases, however, a compensation judge will incorrectly calculate the wage benefits an employee should be awarded. Thus, […]
- Court Discusses Elements of a New Jersey Workers’ Compensation Retaliation Claim
March 31, 2022
Read MoreWhen a New Jersey employee suffers an injury at work, he or she will often be entitled to recover workers’ compensation benefits. In some instances, however, an employer may terminate an injured employee in an attempt to avoid paying the employee benefits. Employees who are fired following an injury may be able to pursue retaliation […]