Category Archives: New Jersey

Video: Medicare Secondary Payer Issues in New Jersey Section 20 Settlements

Here is the post-webinar video from our most recent presentation, “Medicare Secondary Payer Issues in New Jersey Workers’ Compensation Cases” from our New Jersey workers’ compensation webinar training series.

Subject: New Jersey, Workers’ Compensation Law, Medicare Secondary Payer, Section 20, Conditional Payments
Date Presented: January 23, 2017
Presenter(s): Greg Lois, Esq.
Run time: 29:27 Continue reading Video: Medicare Secondary Payer Issues in New Jersey Section 20 Settlements

New Jersey Workers’ Compensation Indemnity Benefits

In New Jersey, workers compensation benefits are basically broken down into two broad categories, medical benefits and indemnity benefits. Medical benefits are designed to provide the petitioner with payment for all medical expenses incurred as a result of a work related injury. Indemnity benefits, generally, are benefits paid to an injured worker to replace part of the worker’s lost income. There are three types of Indemnity benefits in New Jersey, temporary total disability, permanent disability benefits and dependency benefits.

Temporary disability benefits refer to the temporary payment of income to the petitioner while he is unable to work. The payment of temporary disability benefits is mandatory under N.J.S.A. 34:15-38, which essentially states that temporary disability payments of 70% of the injured worker’s wages for the year in which the injury occurred or his occupational disease manifests are payable until he is “able to return to work.” Please note that these wages are subject to the annual statutory minimum and maximum, which change every year. In 2016 the maximum rate of temporary total disability is $871 per week; the minimum rate was $232 per week.

Continue reading New Jersey Workers’ Compensation Indemnity Benefits

Independent Contractors, Occupational Accidental Insurance Policies and How It Interplays With New Jersey Workers’ Compensation

Statutorily, in New Jersey, all employers are required to maintain workers’ compensation insurance for all “employees” by either a valid workers’ compensation insurance policy or through self-insurance (based upon the financial ability of the employer to meet its obligations under the law and the permanence of the business).  In some states employers can “opt-out” of the mandatory workers’ compensation requirements.  New Jersey is not one of those states.

The classification of someone as independent contractor and therefore not an “employee” relieves the employer of the obligation to provide workers’ compensation coverage.  The independent contractor is simply not an “employee” and therefore does not require worker’s compensation coverage.  Continue reading Independent Contractors, Occupational Accidental Insurance Policies and How It Interplays With New Jersey Workers’ Compensation

Video: Section 40 Liens and Subrogation in New Jersey

Here is the post-webinar video from our most recent presentation, “Section 40 Liens & Subrogation” from our New Jersey workers’ compensation webinar training series.

Subject: New Jersey, Workers’ Compensation Law, IMEs
Date Presented: December 26, 2016
Presenter(s): Greg Lois, Esq.
Run time: 17:02

How to attend these webinars live and ask questions.

Join us for our monthly webinars on New York and New Jersey workers’ compensation law. One Session, offered at 12:00EST on the “Fourth Monday” of the month.

Register here: 12:00 EST Session

Archive of prior presentations is here.

Schedules and Information.

Handout materials are provided in advance of each session. The webinar courses follow the “life cycle” of a claim and correspond to chapters in the Workers’ Compensation Handbooks offered by the Firm.

Upcoming Webinars

Detailed syllabus and schedule available here.

The Limit To “Stacking” Injuries To Multiple Body Parts in New Jersey

Michael Tomasino
Michael Tomasino, Esq.

In New Jersey, petitioners’ attorneys will often attempt to improperly “stack” injuries to multiple body parts in order to obtain greater settlements for their clients. However, “stacking” is subject to numerous longstanding limitations. One of such limitations is that in order to “stack” injuries to multiple body parts, said injuries must have resulted from a single underlying accident.

The concept of “stacking” injuries has long-existed in New Jersey workers’ compensation law. Stacking’s inception dates to the 1984 case of Poswiatowski v. Standard Chlorine Chemical Co., 96 N.J. 32,1475 A.2d 1257 (1984). In that case, the Supreme Court of New Jersey indicated that in instances where a worker has suffered injuries to multiple body parts, Judges of Compensation must “treat the individual as a whole.” This means that the Supreme Court of New Jersey determined that when affixing the extent of disability suffered by a given worker, workers’ compensation courts must determine the cumulative impact that each of the injuries had upon said worker. Continue reading The Limit To “Stacking” Injuries To Multiple Body Parts in New Jersey

Post-Webinar Video: Evaluating Claims for indemnity Exposure in New Jersey

Here is the post-webinar video from our most recent presentation, “Getting the Most from your IMEs” from our New Jersey workers’ compensation webinar training series.

Subject: New Jersey, Workers’ Compensation Law, Exposure, Indemnity, Permanent Residual Disability, MMI, Negotiating
Date Presented: November 28, 2016
Presenter(s): Joe Jones, Esq. Partent in the Lois LLC New Jersey Workers’ Compensation Practice
Run time: 20:42

How to attend these webinars live and ask questions.

Join us for our monthly webinars on New York and New Jersey workers’ compensation law. One Session, offered at 12:00EST on the “Fourth Monday” of the month.

Register here: 12:00 EST Session

Archive of prior presentations is here.

Schedules and Information.

Handout materials are provided in advance of each session. The webinar courses follow the “life cycle” of a claim and correspond to chapters in the Workers’ Compensation Handbooks offered by the Firm.

Upcoming Webinars

Detailed syllabus and schedule available here.

These webinars are also available as a podcast (on iTunes).

Disclaimer:

This webinar is not legal advice! The materials presented by this webinar/podcast and any affiliated website are for informational purposes only and are not offered as legal advice as to any particular matter. No viewer/listener/reader should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved. The materials are not represented to be correct, complete, or up-to-date. Opinions presented by this video/podcast are the opinions of the author.

Neither the use of this web site nor the transfer of information to or from this web site shall create or constitute an attorney-client relationship between Greg Lois, the presenter in the video/podcast, or LOIS LLC and any person. You should not send any confidential information to this web site until after you have entered into a written agreement for the performance of legal services.