Legal Question in Workers Comp in New Jersey

"on job injury"

My wife is a teacher and was injured on the job. She was putting up decorations in her classroom by standing on a chair (was not supposed to be on the chair) and she fell off and broke her leg. It was a very serious break just below the knee and required a metal plate to repair the bone. She was out of work for a year and a half during which time she receive her full salary as long term disability and her job was there when she finally returned. However, she will always have a limp and probably suffer from arthritis when she gets older (she's 46). The doctor didn't tell us at the beginning that it would be permanent; however, after two and a half years its obvious that it will be. We didn't think about a law suit because we were never told it would be permanent. We don't want her to lose her job but this injury is clearly permanent. What do you think we should do, if anything?


Asked on 11/21/97, 6:12 pm

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

NJ workers comp case

You should IMMEDIATELY consult an attorney. Your wife may or may not be able to get some type of partial disability settlement under NJ workers' comp laws, but I have no idea what the time limitations period is in that state; it might already be too late, or the time might run out in the near future. It won't cost anything to consult a lawyer in your area about possible claims, so do it, and quickly.

If something was wrong with the chair, you might have had a claim against the chair maker, but NJ has a two-year statute of limitations, so it would look like that's already been blown.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.

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Answered on 11/24/97, 9:36 am


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