Legal Question in Workers Comp in New Jersey
short term disability or workmens comp.?
I work at the same company for over 18 yrs.In dec. of 06 my right heel starts to hurt badly. No fall,nothing to injury it.Now I thinking ''heel spur'',so I never report it. Now this May I finally go to the doctor,and find out I have a stres .fracture,not a heel spur. Our factory is all cement floors and my job is a pipefitter,welder,and over all pump or valve repairer.So my company says my injury is short term disability,not workers comp.,because I never reported it to our medical.My thinking is,after 18 years and many foot miles on cement floors my injury should be workers comp.I never reported it because I thought,a heel spur is not a work injury.So now I'm home filling out short term papers and I think its wrong. Do I have a ''foot'' to stand on,or just go with short term.This took place in New Jersey.Thanks for your time sincerely Ron Coleman
1 Answer from Attorneys
Re: short term disability or workmens comp.?
Although it is a somewhat tricky case, I would so that based on the totality of the circumstances this should be seen as a workers compensation case. If they won't let you fill in workers compensation paperwork then you can still file a claim petition with an attorney who can then also file a motion for medical and temporary benefits to try and get a judge to determine if this should be treated as a compensable claim. This is a time consuming process however, and if you are not working it could mean that there is a period of time when you are not receiving any income. I am an attorney who has handled many cases similar to yours in various workers comepnsation courts throughout NJ in the past. Please contact me if you would like to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
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