Legal Question in Workers Comp in New Jersey

Re: negligence-workers comp -peerm. disability

You can only sue the employer if you can show that he willfully ignored safety conditions and as a result of his willful disregard of safety conditions your husband was hurt. For example, if there was a safety guard on a machine and your husband's employer removed the safety guard on purpose, you could file a lawsuit against the employer. If the employer just was negligent and didn't clean the floor of the factory and then your husband slipped on the messy floor this is negligence and you cannot sue for pain and suffering. The next thing is you only have two years from the date of injury to file both a workers compensation claim or a lawsuit. If you haven't filed a workers compensation claim petition yet you must do it now. Under workers comp you are entitled to free medical care, but only if you go to the workers comp doctors. Also, for as long as your husband's workers comp doctor says your husband cannot return to work at all, he is entitled to receive disability payments in the amount equal to 70% of his basic pay. Finally, he can receive a workers comp permanent disability award, the equivalent of winning a lawsuit, if he is as sick as you describe. If it is determined that your husband is 100% disabled then the maximum number of years for disability payments listed in the workers compensaiton schedule is nine years but this can be extended beyond. Anything less than 100% workers comp disability has a finite period of time that benefits are paid. Your husband can apply for social security disability while he is receiving workers comp disability. He has to go to your local social security office to apply for disability. If he is given social security disability then he will remain on it until age 65, when the social security disability converts into social security retirement. For as long as he is on social security disability and he has children living at home who are under age 18 (or up to age 23 if they are students) then the children will also receive monthly disability checks. I am an attorney who has handled hundreds of workers compensation and social security disability cases in various courts in New Jersey in the past. If you would like to discuss your case in more detail please call me at 908-272-0111 to talk. There is never any charge for simply talking to me. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

Re: negligence-workers comp -peerm. disability

You should have an attorney review your case to determine whether you can file what is referred to as a �Third Party Case�, i.e. was another party responsible for causing the injury, for example another contractor or general contractor on the job.

Your only remedy against the employer is the workers� compensation claim unless, the employer willfully ignored safety conditions and as a result of his willful disregard of safety conditions the injured worker was hurt. You only have two years from the date of injury to file both a workers compensation claim and/or a lawsuit.

In New Jersey, any employee, (even if you are a construction worker, secretary or injured in a car accident while working), 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.

If it is determined that a worker is 100% disabled then the maximum number of years for disability payments is about nine years which may be extended. A worker can also apply for social security disability while he/she is receiving workers comp disability. If you qualify for social security disability then the worker will remain on SSD until age 65, when the social security disability converts into social security retirement at age 65. If you qualify for social security disability and have children living at home who are under age 18 (or up to age 23 if they are students) then the children should also receive monthly disability checks.

Please contact be for a free no-obligation consultation. There are no attorney fees unless you get a recovery. The insurance companies have lawyers - you should have one to protect your rights.

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

Two Split Rock Drive

Suite 5

Cherry Hill, NJ 08003

Telephone: 856-489-4353

Facsimile: 856-489-4363

Re: negligence-workers comp -peerm. disability

The other two replies are are correct. I would only add that workers' comp is responsible for modifications to the home, including retro-fitting it to be accessible. In some cases, they would even be forced to provide a new home.

Has a workers' compensation claim been filed? Did some person, other than the employer or a co-worker, contribute to the accident?

I am available to speak with you in more detail. All of our consultations are confidential and free. Call my office, toll free, at 1-866-333-3529 or after hours on my cell at 201-618-0508 or e-mail me at [email protected]

Ricky Bagolie

BAGOLIE FRIEDMAN, LLC

Jersey City, NJ

www.bagoliefriedman.com