Legal Question in Workers Comp in New Jersey

What should I do next.

I was injured while at work in January 2000. I slipped and fell on the ice outside of a wash bay while I was inspecting a vehicle I was about to take on the road. I herniated C4-C5 and buldged C5-C6 in my neck. I underwent a two level spinal fusion in June of this year. The Workers Compensation Insurance company sent me to an Independant Medical examiner one week after my neuro surgeon released me and that doctor told me I could return to work but with severe limitations that would not enable me to do my job. I have been with no income since the beginning of November and have child support to pay with no way of paying it not to mention I am remarried and have two other children. I am not sure what to do next, if I can't apply for unemployment could I possibly apply for state disability?


Asked on 11/26/00, 10:40 pm

2 Answers from Attorneys

Peter R. Brogan Peter R. Brogan, Esq.

Re: What should I do next.

Please contact me to discuss the filing of a worker's compensation petition for a permancy award as well as a possible third party recovery.

There is no fee for the initial consultation

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Answered on 11/29/00, 3:24 pm
Gary Shapiro Shapiro & Sternlieb, LLC

Re: What should I do next.

I'm sorry for your terrible situation. Fortunately, there are several remedies available to help alleviate your situation. Depending upon how long you've been out of work, you may be eligible to apply for benefits from NJ Disability and the Social Security Administration (SSI or SSD). Additionally, on top of those programs, you have the right to file a Workers' Compensation Claim Petition. The claim petition will initiate your case against your employer and may result in a settlement or lump sum award based upon your level or percentage of disability as determined by the Judge after a trial or as agreed to between the parties in a settlement. From the date of filing of the claim petition, the case should take anywhere from 6 months to 1 1/2 years depending on how clearcut your injuries are and whether you have concluded treatment already. With regard to your immediate need for income, if you are presently out of work due to your work related injury, you may be entitled to temporary income and medical benefits. If your employer refuses to provide these benefits, your attorney can file a motion to compel them to. If you have any questions about this whatsoever or wish to schedule an appointment, please don't hesitate to call me or my partner, Dave Sternlieb at 732-432-8400 or 1-888-432-4529. By the way, your workers' comp lawyer is not allowed to charge you a legal fee. All legal fees will be awarded by the judge and cannot exceed 20% of your award. The fee is paid out of your award and by the employer as well. The judge decides how much comes out of the award and how much is paid by the employer.

Good luck to you and your family.

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Answered on 11/29/00, 4:16 pm


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