Workers Compensation
How Did My Employer Know I was Lying about Where I Drove?
Longstreet v. County of Mercer, (App.Div. June 20, 2017) (8pp.) Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Modern technology has vastly improved safety technology in vehicles. This includes the use of GPS. Employers can now track a company vehicle’s movements, when it stops, how long it rests, and anywhere it goes. This vehicle-tracking…
Read MoreWhy Can’t I Sue My Employer If I am Injured at Work?
31-2-3477 Innarella v. Wedgewood Condominium Association, Inc. , N.J. Super. App. Div. (per curiam) (11 pp.) Submitted by New Jersey Workers Comp Lawyer, Jeffrey Hark. Most workplace accidents are covered by Worker’s Compensation. This statutory scheme forbids injured employees from suing their employers and in return, they are guaranteed certain payment without having to bring…
Read MoreCan I sue my employer if the employer intentionally caused injury to me?
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. If there are alternative methods available to perform a job duty and the employer requires me to perform one that is more hazardous and causes me injury, is that an intentional wrong which would allow me to sue my employer? In this case an employee was…
Read MoreWhy is my Worker’s Compensation award so small and the benefits so low?
Sondhi v Tropicana Hotel and Casino decided February 13, 2017 Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark In this case the petitioner appeals the workers compensation judge’s determination that he should be awarded more than a 30% partial disability of the statutory left foot. The judge considered the medical records and the parties’…
Read MoreIntoxication – Not a Bar to Worker’s Compensation Benefits in New Jersey
Submitted by New Jersey Worker’s Compensation Lawyer, Jeffrey Hark. This morning New Jersey’s Appellate Division handed down a decision in Antonio Diaz v. National Retail Transportation, Inc., stating an employee can be entitled to Worker’s Compensation benefits even if the employee is intoxicated at the time of injury. In Diaz, a mechanic was injured on…
Read MoreNew Jersey Worker’s Compensation Prioritizes Motions Requesting Medical Benefits not Provided by the Insurance Company
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. On October 21, 2016 the New Jersey Worker’s Compensation director and chief judge issued a memo advising that the Rules pertaining to the motions for medical and temporary disability benefits SHALL be strictly enforced. Although these Rules had been in effect since 2002 they were seldom…
Read MoreCar Crash During Employment – Who Pays the Medical Bills?
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. If you’re in a car crash during the course of employment who pays your medical bills? Also, if you recover from a third-party, do you have to pay back the Worker’s Compensation carrier for the medical temporary disability and permanency award you obtain? This issue comes…
Read MoreLassandro v. Pep Boys and Rotary Lift Services
If you are ‘intentionally’ injured at work can you sue your employer in addition to making a workers’ compensation claim? Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. In this case plaintiff was injured when other employees modified a car lift by adding weights to a safety arm disengaging the safety arm from working.…
Read MoreNew Jersey Worker’s Compensation Judge find heart attack related to work and awards partial total disability
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. In this case petitioner is seeking partial total disability arising out of a heart attack which took place during the course of business hours. A heart attack case is a very interesting work related injury which requires the petitioner to bring a much greater level of…
Read MoreThe Dangers of Representing Yourself in Workers Compensation Cases
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. State v. Lake New Jersey Superior Court Appellate Division decided April 22, 2016. Self-Representation Can Be Risky in Workers Compensation Cases Should you listen to your attorney and follow the procedure outlined by him or her in the correspondence you review? In today’s legal environment and…
Read More