The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Red Bank | Morristown | Boston | New York

Worker's Compensation

Is Workers’ Compensation Insurance Required In New Jersey? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Is Workers’ Compensation Insurance Required In New Jersey?

According to the U.S Bureau of Labor Statistics, millions of Americans will get injured on the job each year. If you have been injured or became ill as a result of your job, you could be entitled to workers’ compensation benefits under the New Jersey law.

What Is Workers’ Compensation Insurance?

Workers’ compensation insurance will protect the employee in case of a medical emergency that occurred while the employee was working. Injuries could include:

• Disability
• Bodily injuries
• Death
• Illness caused by working

Workers’ compensation insurance will hold the employer accountable in case any of these situations happen to their employees.

Is Workers’ Compensation Insurance Required in New Jersey?

Under New Jersey law, it is required that employers provide workers’ compensation insurance for their employees. Contact us if your employer does not have a workers’ compensation insurance policy.

Self-Insurance

Self-insurance can be obtained through applying and getting approved by the Commissioner of the Department of Banking and Insurance. In order to get approved, it is based on the financial capability of your employer and whether they can meet certain obligations under the law.

One thing to remember is that only employees are covered under New Jersey’s Workers’ Compensation laws, and anyone that works independently, such as contractors would not be able to file a workers’ compensation claim. The only individuals that would be considered exempt from workers’ compensation insurance would be:

• Unpaid interns
• Unpaid volunteers
• Sole proprietors with no employees
• Independent contractors

Businesses that are limited liability, partnerships, corporations, or even hire part-time workers will still need to provide their employees with workers’ compensation insurance.

What Happens If Your Employer Doesn’t Have Workers’ Compensation Insurance?

Any New Jersey employer who fails to provide workers’ compensation insurance to their employees could face major consequences. Employers can be faced with 4th-degree criminal charges and would have to pay fines of up to $5,000 for the first 10 days and up to $5,000 for each day after the 10 day period of time.

Injured workers whose employer has failed to provide workers’ compensation insurance also have the option to receive medical and temporary disability benefits from the Uninsured Employers Fund. This process can be difficult to handle on your own, and our experienced attorneys could help properly file the claim.

What If Your Employer Has Coverage But Refuses To Report Your Injury?

If your employer does provide workers’ compensation insurance but refuses to report your injury, you can try reaching out to your insurance carrier yourself. The insurer’s name and contact information should be located on your company’s proof of insurance notification. This is required to be present in the workplace.

Workers’ Compensation Benefits

Workers’ compensation benefits will be available for any employee that has been injured or gotten sick on the job. Depending on the type of injuries sustained will determine the exact type of benefits the employee will receive. Benefits can include

• Medical benefits
• Temporary total disability benefits
• Permanent partial disability benefits
• Wrongful death benefits

In order to obtain these benefits, it is crucial that the employee who was injured or ill report to their employer immediately. All it would take is a verbal statement about what happened to any supervisor or higher authority.

Contact Our New Jersey Workers’ Compensation Lawyers Today

If you have been injured at work and are not insured, or your employer refuses to report your workplace injury, contact our worker’s compensation lawyers as soon as possible. We can help you get your claim heard, and the compensation that you deserve. For more information or questions on workers’ compensation, visit our frequently asked questions page.

Can I Be Fired For Filing An OSHA Complaint? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Can I Be Fired For Filing An OSHA Complaint?

Workers should always feel comfortable and secure reporting any accidents or violations in the workplace, and should not feel as if they could be fired for filing an OSHA complaint. The U.S Occupational Safety and Health Administration (OSHA) is an agency that strives to make sure that businesses are providing safe and healthy working conditions for their employees. These working conditions must abide by the Occupational Safety and Health Act of 1970.    

Violating OSHA Laws       

Unfortunately, from time to time companies can violate OSHA laws, and this can result in workers becoming injured. If this happens, it is best to contact a worker’s compensation lawyer, as you might be able to get compensation for your injuries. 

The worker’s compensation lawyers at Gold, Albanese, Barletti & Locascio, L.L.C. have decades of experience representing injured workers throughout the State of New Jersey, including Morristown and Red Bank where our offices are located.  

Reporting OSHA Violations in NJ

Under the Occupational Safety and Health Act of 1970, workers have the right to file an OSHA complaint if they feel their health and safety in the workplace are at risk. It is recommended that individuals who wish to file a complaint do so very soon after they become aware of the workplace hazard. OSHA can only issue citations for current violations and violations that have occurred within the past 6 months.  

If you do not wish to file a complaint, you can still call OSHA to report safety conditions. There is also the option to contact them through email or U.S mail.

Can I Be Fired For Filing An OSHA Complaint? 

If you report or file an OSHA complaint, your employer is legally prohibited from firing you. If you become aware of unsafe working conditions, ultimately it is up to you whether or not you want to report it. To avoid any complications with employers, we recommend taking a few steps to mitigate any potential risk from your employer. 

  • Speak with coworkers – A group of people filing a complaint will be more powerful than just one person. This can also avoid employers targeting one specific individual with anger.
  • Try to talk to a supervisor or someone above you before filing an OSHA complaint, there are times when unsafe working conditions can be accidentally overlooked, and talking to a supervisor can resolve the issue.
  • If you have taken these steps, and yet there are still unsafe or unhealthy working conditions, it is probably best to contact OSHA and file a complaint. Be specific, and if there is immediate danger to someone’s life, make sure you notify them as they will prioritize complaints that are life-threatening.

What Happens When I File An OSHA Complaint?

After you file a complaint, OSHA will contact you to determine if they will need to conduct an investigation. It’s imperative that you respond to OSHA as soon as possible otherwise they will dismiss your complaint. It is also important to note that a whistleblower complaint made to OSHA will not be confidential. If OSHA decides to move forward with your complaint, they will notify your employer to which they will have the opportunity to respond to your complaint if they choose. 

Prioritize Healthy & Safe Working Conditions To Avoid OSHA Complaints

Workers should never feel as if their life is in danger when they go to work every day. It is their employer’s responsibility to ensure a healthy and safe work environment. If employees address issues that are concerning to them, employers should make the necessary changes to ensure that everyone feels safe and protected during their time at work.  

If you feel uncomfortable with your work environment and feel that it is violating OSHA laws, don’t hesitate to contact OSHA as soon as it comes to your attention. 

Our NJ OSHA Attorneys Can Help You, Contact Gold, Albanese, Barletti & Locascio, L.L.C Today.

If you have been wrongfully terminated for filing an OSHA complaint, or have questions about OSHA complaints, contact us today. We will work tirelessly on your behalf to get maximum compensation for your injuries. There are no upfront legal fees and we don’t get paid unless you win your case.

Fighting For Loss Of Companionship Or Consortium | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Fighting For Loss Of Companionship Or Consortium

If your loved one was injured or killed in an accident, you may be entitled to damages for loss of companionship or consortium. At The Law Offices of Gold, Albanese, Barletti & Locascio, LLC, our experienced personal injury lawyers understand how traumatic and life-changing a serious injury or loss of a loved one can be. Loss of companionship and loss of consortium cases can be complex, and our personal injury attorneys can help you understand which types of damages may apply in your case.

What Is Loss Of Companionship Or Consortium?

Loss of companionship and consortium are noneconomic damages often associated with wrongful death cases. They are considered noneconomic damages because putting a monetary value of this type of loss is nearly impossible. Some states put a cap on noneconomic damages.

Loss of companionship or consortium refers to the loss of the benefits of having someone in your life, such as the ability to parent, show love and affection or have a sexual relationship. Although it is often a spouse who files a loss of companionship claim, a child or parent may also be entitled to recover these types of damages.

Proving Loss Of Companionship Or Consortium

Because calculating noneconomic damages is difficult, they are typically determined on a case-by-case basis. In a loss of companionship or consortium case, the following factors will likely be taken into consideration:

  • Whether you have a stable, loving relationship
  • Your living arrangements
  • How much care and companionship you previously received
  • Your life expectancies
  • Evidence of the various household services your loved one performed
  • Evidence of the activities you and your loved one enjoyed doing together

If they are both living, the injured party and their loved one are each entitled to bring claims of loss of companionship or consortium against the liable party. It is vital to seek the counsel of experienced personal injury attorneys who understand how to value and negotiate fair settlements in these types of personal injury and wrongful death claims.

How Does Careless Behavior Influence A Workers’ Compensation Case? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

How Does Careless Behavior Influence A Workers’ Compensation Case?

New Jersey’s workers’ compensation is a no-fault system, which means that as an injured worker, you are entitled to benefits no matter who is at fault for causing your injuries. However, there are exceptions to this rule, and in any workers’ compensation case, the facts of the claim itself must be established. At The Law Offices of Gold, Albanese, Barletti & Locascio, LLC, our workers’ compensation lawyers have decades of experience handling all types of workers’ compensation cases, including denials, appeals and lawsuits. Our skilled legal team will fight for your rights to ensure you get the benefits you deserve.

Reasons Your Worker’s Comp Claim May Be Denied

Although New Jersey has a no-fault workers’ comp system, insurance companies look for any reason to deny workers’ compensation claims. If they don’t deny a claim altogether, insurance companies often delay payment by asking for more details about your accident or injury or by claiming that the information you submitted is incomplete.

Another way insurance companies try to reject legitimate claims is by asserting that you caused an accident due to your own careless, reckless or willfully incautious behavior. That’s why it’s vital to contact a skilled attorney to assist you with your workers’ compensation case after a workplace injury. Seeking the counsel of an experienced workers’ comp attorney who understands the ins and outs of employment law and workers’ compensation in New Jersey can help ensure your rights are protected and you receive the benefits and income you deserve to take care of your family.

There are several other reasons your employer or their insurance company may deny your worker’s comp claim, including:

  • You were injured at work while under the influence
  • You were fighting at work
  • Your injury was self-inflicted
  • Your injury occurred outside of work

What To Do If You Are Accused Of Incautious Behavior In A Worker’s Comp Case

To deny a workers’ compensation claim, an employer must provide sufficient evidence to prove that you were injured because you violated safety policies, acted in a careless or incautious manner, willfully misbehaved or were roughhousing. Without relevant evidence, such as video surveillance footage and the testimony of coworkers and other witnesses, your employer is obligated to provide workers’ comp benefits if you’re injured on the job.

A workers’ comp attorney will evaluate your case and help you understand your rights as an injured worker. They will investigate the incident, collect evidence and negotiate with your employer’s insurance company to overturn the denial of your claim and come to a fair settlement. Having an attorney settle your workers’ compensation case out of court is ideal, but if a reasonable settlement cannot be reached, your lawyer can take your workers’ compensation case through the appeals process and advise you on whether it’s worth pursuing a lawsuit.

Can You Recover Compensation If Injured At Work By Another Employee? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Can You Recover Compensation If Injured At Work By Another Employee?

When you’re injured at work by another employee, determining liability can be complex. At The Law Offices of Gold, Albanese, Barletti & Locascio, LLC, our attorneys have decades of experience handling workplace injury cases, and can determine whether you’re entitled to recover compensation if you’ve been hurt by another employee while on the job.

Is Your Injury Covered By Workers’ Compensation?

Regardless of who was at fault for your injury, you are entitled to file a worker’s compensation claim for your medical bills, a portion of lost wages and other injury-related expenses. When you file a workers’ comp claim, you are typically prohibited from bringing a personal injury claim against your employer or other employees. However, there are some exceptions that workers’ comp may not cover, including:

Injuries that occur off the clock–For example, if you were injured because a coworker tripped you while you were playing basketball during your lunch break; worker’s compensation may not cover your injuries.

Violent altercations–Being attacked by a coworker for personal reasons is usually not covered by workers compensation. However, if the incident was work-related and your employer knew about the person’s propensity for violence and did nothing to prevent it, you are entitled to workers’ compensation and your employer may be liable as well.

Horseplay –If you and a coworker were goofing around or acting irresponsibly and got hurt because of it, it will most likely not be covered by worker’s compensation.

If you were working and your coworker failed to do their job correctly, you are entitled to workers’ compensation benefits. Not only that, your employer may be liable for your injuries if the employee who caused your injury was improperly trained.

What To Do If You’re Injured At Work By Another Employee

  1. Notify your employer – Regardless of how you were injured on the job, it is essential to notify your supervisor, employer or HR department immediately. This is vital to ensure that the incident is documented with an accident report and you receive proper medical care right away.
  2. Document your injuries –Document all injuries and how they occurred. If possible, have a medical provider take photos of your injuries. Make sure to be honest with your doctor about the severity of any pain you’re feeling. Injuries that may not seem like a big deal can manifest weeks or months later.
  3. Contact an attorney –An experienced attorney will determine if you are eligible for workers’ compensation and if you’re entitled to file separate claims against the person who caused your injury, your employer, or the manufacturer of a defective product. It’s vital to contact a personal injury attorney immediately following your accident, as workers’ comp claims have strict procedures and deadlines. There are statues of limitations on filing civil lawsuits for damages as well.

Contact Us

If you’ve been injured at work by another employee, our experienced workers’ compensation and personal injury attorneys can help. Call The Law Offices of Gold, Albanese, Barletti & Locascio, LLC, at 732-936-9901 or contact us online to schedule a free consultation.

Where To Direct Your Worker’s Comp Case In The Workplace | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Where To Direct Your Worker’s Comp Case In The Workplace

A worker’s comp case can end up being complex and financially physically and emotionally taxing. While it may seem like filing a workers’ compensation claim for your medical bills and time off work should be a no-brainer, many people don’t realize that there are specific steps you must take to ensure your injuries are properly reported to your employer. Our experienced legal team at The Law Offices of Gold, Albanese, Barletti & Locascio, LLC is well-versed in helping clients effectively navigate workers’ comp claims and can help you get compensation for your medical bills, a portion of lost wages and other injury-related expenses.

What To Do If You’ve Been Injured At Work

Report your injuries to a supervisor or HR department immediately. When a workplace injury is reported to an employer, they must notify their insurance carrier immediately to ensure that a First Report of Injury is filed with the State in a timely manner. After any accident, it is essential to seek medical care for your injuries. Under New Jersey workers’ compensation law, an employer or workers’ comp insurance carrier is permitted to select specific healthcare providers for injured workers. Ask your employer for a list of eligible providers so you can get the care you need immediately.

Your employer’s workers’ comp insurer will investigate your claim and determine whether you are eligible to receive workers’ compensation benefits. If your workers’ comp claim is approved, you will be directed to an appropriate medical provider. If you are off work for more than seven days, the insurer should also provide you with temporary disability benefits during your recovery.

If you are in need of prompt medical treatment and temporary benefits, you may file a Motion for Medical and Temporary Benefits with the state of New Jersey. Having a skilled workers’ comp attorney help you with this motion can make a difficult time easier and allow you to focus on healing.

Your employer or their insurer must submit a Subsequent Report of Injury to the New Jersey Division of Workers’ Compensation within 26 weeks after you’ve returned to work or have reached maximum medical improvement (MMI).  A copy will be sent to you for you review.

How To Handle Your Workers’ Comp Case If Your Claim Is Denied

If your workers’ comp claim has been denied, you may file either a formal Claim Petition or an Application for an Informal Hearing with the New Jersey Division of Workers’ Compensation. Seeking the counsel of an experienced workers’ compensation attorney to assist you with this process and represent your interests in negotiations with the insurance company or employer is vital. A lawyer who is well-versed in the complexities of the New Jersey workers’ comp process will advise you on the most effective course of action and make sure that all required motions and filings are completed in an accurate and timely manner.

Typically, a skilled attorney can negotiate a reasonable settlement so your workers’ comp case won’t have to go to trial. However, if your workers’ comp case cannot be resolved in negotiations or mediation, your workers’ compensation lawyer will represent your interests in court to ensure you receive medical treatment you need and cash benefits you deserve.

For assistance with your workers’ comp case, contact us at 732-936-9901 to schedule a free consultation with The Law Offices of Gold, Albanese, Barletti & Locascio, LLC today.

Getting The Fullest Possible Compensation In Your Workers’ Comp Case

In New Jersey, injured workers are eligible for employer-paid benefits for medical bills, a percentage of lost wages and other injury-related expenses. Workers’ comp claims are often complex, so seeking the counsel of an experienced attorney to assist you with your workers’ compensation case is vital. The experienced attorneys at Gold, Albanese, Barletti & Locascio, LLC, have handled all types of workers’ compensation cases for more than 30 years. We will fight for your rights and work to ensure you receive maximum compensation to secure your financial future.

Workers’ Compensation Settlements

If you’ve sustained a workplace injury, your employer or its insurance company will likely make a settlement offer to you at some point in your workers’ compensation case. Employers and insurance companies often try to pressure workers into accepting a settlement before they reach MMI (maximum medical improvement). MMI is the stage in your treatment where your doctor has found that your condition is not likely to improve with further treatment. It’s important to consider the following questions before you accept any settlement to ensure you receive full compensation:

  • Will you be able to return to work?
  • If you have injured a body part, will you have full use of it again?
  • Will you need future medical care?

It’s impossible to accurately estimate the value of your case until you know the full impact of your injuries. It can be a grave mistake to accept a workers’ comp settlement without seeking legal advice. An experienced workers’ compensation attorney will help you sort out these questions and get a feel for whether a settlement offer is fair. If it isn’t, your attorney will negotiate on your behalf to reach an agreement that is more beneficial to you.

Temporary Disability Benefits

If you settle your workers’ compensation case before reaching MMI, you may also be cutting your temporary disability benefits short. Without the assistance of an attorney, you may not know whether the value of those benefits is included in the settlement offer.

How Much Should You Settle For?

Each workers’ compensation case is different. There are several factors that nee d to be considered when assessing a settlement offer, including unpaid past and future medical bills, how much you may be owed in permanent disability benefits, any temporary disability payments that the insurance company did not pay, and any penalties that they may owe you for not paying your benefits on time.

New Jersey workers’ comp claims can be settled in different ways, each of which comes with different rights and requirements. Getting the fullest possible compensation in workers’ compensation settlements requires a great deal of legal knowledge and skill—an experienced attorney will know how determine the appropriate monetary value, negotiate with the insurance company, complete and review forms and make sure you comply with deadlines and state laws.

If you need help with your workers’ compensation case, the attorneys at Gold, Albanese, Barletti & Locascio, LLC, will protect your rights and work to ensure you receive the fullest possible compensation for your workplace injury. Contact us online or call 732-936-9901 to schedule a free consultation.

Why You Might Be Denied Workers’ Compensation | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Why You Might Be Denied Workers’ Compensation

When you’ve been injured on the job, your employer has a legal obligation to pay your medical bills, a percentage of lost wages and more. Whether you are in the initial stages of filing a claim or your workers’ comp claim has been denied, the experienced workers’ compensation attorneys at Gold, Albanese, Barletti & Locascio, LLC, can help you get the medical care and compensation you need.

In New Jersey, injured workers are eligible for employer-paid benefits no matter who was responsible for an accident. Although fault for your injuries does not need to be determined, the basis of the claim itself does. This can be challenging, as many insurance carriers often deny or delay claims.

If you suffer an injury at work, the injury must be reported to your employer within 90 days, or you may lose your right to receive workers’ compensation benefits in New Jersey.

Reasons For Denial Of A Workers’ Compensation Claim In New Jersey

Unless your employer is self-insured, your employer will report your injury to its workers’ compensation insurer. Typically, the insurance company will send you a letter of approval or denial of your claim within 30 days after your injury has been reported.

Insurance companies are in the business of making money, and one way they increase their bottom line is by rejecting legitimate claims. There are many ways they may try to reject your workers’ comp claim, including:

  • Asserting that the injury occurred outside of the workplace
  • Saying there is insufficient medical evidence
  • Claiming that it was a pre-existing injury; or that a pre-existing condition was not worsened by a workplace injury
  • Contending that your injuries are not as severe as you claim, and you should be able to return to work
  • Claiming the recommended medical care is unnecessary or unrelated to the injury you sustained at work

Delayed Payment

Even if your claim is not denied, insurance companies frequently claim that the information submitted is incomplete and ask for more details about the accident or injury to delay payment. Knowledgeable workers’ compensation lawyers are familiar with these tactics and will investigate the circumstances of your accident, injury and the reasons your claim has been delayed or denied.

If you have been injured on the job and need assistance with your workers’ comp claim, the skilled workers’ compensation lawyers at Gold, Albanese, Barletti & Locascio, LLC will fight for your rights and help you get the compensation you deserve. Contact us at 732-936-9901 to schedule a free consultation today.

Workers Compensation Attorneys in Morristown, NJ | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Workers Compensation Attorneys in Morristown, NJ

Being injured in an auto accident while driving for work can be a traumatic and harrowing experience. In addition to dealing with the physical and mental repercussions of the accident, you may have questions about how your medical expenses are going to be paid.

New Jersey is a no-fault state, which means that regardless of who caused an accident, injured victims’ medical expenses, lost wages and other expenses are typically paid by their own Personal Injury Protection (PIP) insurance. However, if you have been injured in an auto accident while working, New Jersey PIP law does not apply: Your employer’s Workers’ Compensation insurance company would be responsible for your medical bills and other expenses if you were driving or riding in a vehicle for purposes related to work.

Workers’ Compensation should be used if:

  • Drivers are making deliveries for their employer
  • Bike messengers are making deliveries for their employer
  • Drivers are running errands for their company (making a deposit at the bank, etc.)
  • Shuttle bus drivers are driving hotel guests or other customers
  • Employees are driving to or from an employer-mandated training or conference

In all of the above situations, Workers’ Compensation would pay for your medical bills and expenses because the auto accidents happened while you were working.

If you have been injured in a work-related motor vehicle accident, it is essential to inform your supervisor immediately and get the names of medical providers with whom you can seek treatment. It is vital to keep in mind, as an injured worker, that you must go to authorized medical providers approved by your employer’s Workers’ Compensation insurer.

Our Workers’ Compensation Attorneys in Morristown, NJ Can Help

If you have been involved in a car accident while driving for work, you may feel overwhelmed and confused about how to file a workers’ comp claim for your medical bills and other expenses. Our Workers’ Compensation attorneys in Morristown, NJ, have handled thousands of workers’ comp claims involving many different types of injuries and situations.

If an accident was caused due to another driver’s negligence, we can assess your case and determine the best course of action to ensure you receive the compensation you deserve. If you have been injured in an accident, contact Gold, Albanese, Barletti & Locascio LLC at 732-936-9901 to schedule a free consultation today.

Workers’ Compensation Lawyers In New Jersey | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Workers’ Compensation Lawyers In New Jersey

All employers are required by law to provide their employees with a safe and healthy workplace. Personal protective equipment (PPE) is worn to reduce exposure to hazards that can cause severe workplace injuries and illnesses, including contact with electrical, mechanical, radiological, chemical, biological and other workplace hazards.

Employer Responsibilities

With a few exceptions, the Occupational Safety and Health Administration (OSHA) requires employers to provide and pay for personal protective equipment. If a worker chooses to use PPE they already own, it must be on a voluntary basis. Even if a worker opts to provide his or her own protective gear, the employer still has a responsibility to make sure that the equipment is in good working order and will provide sufficient protection from workplace hazards.

Depending on your type of workplace, personal protective equipment may include:

  • Rubber boots with steel toes
  • Metatarsal foot protection
  • Gloves
  • Hard hats
  • Coveralls, vests and full body suits
  • Goggles, face shields and other types of eye protection
  • Prescription eyewear inserts/lenses for full face respirators
  • Hearing protection
  • Respirators
  • Firefighting personal protection equipment
  • Welding personal protection equipment

Proper Use and Maintenance of Personal Protective Gear

All workplace gear should be safely designed and constructed, and fit comfortably to facilitate worker use. Ill-fitting PPE can mean the difference between being securely covered or perilously exposed, which can cause serious illness or injury. PPE should always be properly cleaned, maintained and periodically inspected to ensure it performs in a reliable manner. Employers must also train workers who use personal protective equipment on the reasons for using the protective gear and its proper use and maintenance.

Employee Responsibilities

Workers who use PPE have certain responsibilities as well, including attending training sessions so they are educated on how to use, care for, clean and maintain PPE. Workers also have a responsibility to inform a supervisor of the need to repair or replace PPE should it become damaged.

Our Workers’ Compensation Lawyers in New Jersey Can Help

If you have been injured on the job due to faulty personal protective gear, our workers’ compensation lawyers in New Jersey will assess your case and help you get the compensation you deserve. Contact the experienced legal team at Gold, Albanese, Barletti & Locascio, LLC at 732-936-9901 to schedule a free consultation.

Navigating the Workers’ Comp Process | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Navigating the Workers’ Comp Process

Steps to Take When Going Through the Workers’ Comp Process In New Jersey

While you may think that filing a workers’ compensation claim is a simple procedure that just involves filling out some paperwork, it often ends up being a complicated process. After any accident, it’s vital to seek medical attention and report the incident to your supervisor as soon as possible. Your employer should then notify their insurance company right away so the insurer can file a First Report of Injury with the State.

Your employer’s insurer will then investigate your claim and determine whether you are eligible to receive compensation for your medical bills and lost wages. If the claim is accepted, they will direct you to an authorized medical provider for treatment. If your time off work extends beyond seven days, their insurer will also provide you with temporary disability benefits during your recovery.

Within 26 weeks after you return to work or reach maximum medical improvement (MMI), your employer’s insurer must submit a Subsequent Report of Injury to the New Jersey Division of Workers’ Compensation. A copy of this form will be sent to you for your review.

Filing Claims with The State Of New Jersey

The New Jersey workers’ compensation program is designed to protect both the employee and employer. It ensures that injured workers receive reasonable and necessary medical care, temporary disability benefits and, when warranted, awards for permanent disability.

If your claim is in dispute, you can file a formal Claim Petition or Application for an Informal Hearing with the New Jersey Division of Workers’ Compensation. A lawyer who knows the ins and outs of the New Jersey workers’ comp process can assess your case and advise you on the most effective course of action. He or she will also make sure that the appropriate claim is filed in a timely and accurate manner.

Motions for Medical and Temporary Benefits

New Jersey workers’ comp law provides immediate recourse if you are in need of prompt medical treatment and temporary benefits. You may file a Motion for Medical and Temporary Benefits, which is assigned an initial hearing date before a Judge of Compensation within 30 days of filing.

Formal Claims

You must file a formal claim petition within two years of the date of injury or the date of last payment of compensation, whichever date is later. The first hearing before a judge of compensation is typically held within six months from the date of filing. In most cases, an experienced workers’ comp lawyer can help you negotiate a reasonable settlement so your case does not have to go to trial; but if the issues cannot be resolved, he or she will represent your interests in court and fight to get you the compensation you deserve.

Informal Claims

An application for an informal hearing before a judge of compensation can be filed by an employee, employer and insurance carrier. While legal representation is not required in these proceedings, it is recommended to ensure that your rights are protected. Informal claims proceedings can be an effective way to resolve issues and help to avoid more involved, time-consuming litigation, but recommendations made by the judge during an informal hearing are not legally binding. You can still file a formal claim, but keep in mind that the filing of an application for an informal hearing does not halt the two-year statute of limitations.

To discuss your workers’ comp claim with our experienced team at Gold, Albanese, Barletti & Locascio, LLC, contact us at 732-936-9901 today.

Workers’ Compensation | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Workers’ Compensation

If you receive a W-2, your employer is most likely required to provide workers’ comp coverage, which pays medical bills and some lost wages if you are injured on the job. In exchange for this coverage, you waive the right to sue you employer for injuries, although you still may be allowed to sue in certain circumstances.

Do I need workers’ comp insurance?

Workers who are not classified as employees receive a 1099 form at the end of the tax year. Unscrupulous employers sometimes miscategorize employees as independent contractors or consultants to avoid paying workers’ comp premiums and other expenses for them.

Employers are not required by state law to purchase coverage for independent contractors, but many companies who hire independent contractors require them to have their own workers’ compensation coverage.

Independent contractors who are injured while performing work for a company and are not covered by workers’ comp may sue for injuries or use arbitration to receive compensation. Depending on the risk of injury associated with the job, the company may conclude that the potential costs of a lawsuit is not worth hiring an independent contractor.

With this in mind, independent contractors may decide that the cost of workers’ comp insurance is worth it to get more work. If you are an independent contractor, purchasing a workers’ comp policy is vital if you want to be covered in case of an injury sustained on the job. The cost and amount of coverage you need usually depends on the inherent risks in the type of work you do.

If you are an independent contractor who isn’t working for a company, you also should consider purchasing workers’ comp insurance. If your job involves a high risk of injury and you hurt yourself, you may not be able to work for weeks or even months. Although medical insurance may cover some expenses, lost wages can have dire financial consequences.

How to Get Workers’ Compensation Insurance

If you’re a freelancer who performs low-risk work such as writing or graphic design, it may be difficult to find a workers’ comp policy. Many major insurers do not offer such small policies, but small private insurance companies may offer workers’ compensation policies. Many states also have workers’ compensation funds for those who can’t find a policy on the voluntary market. Depending on the state, sole proprietors, freelancers and independent contractors may be able to purchase a policy from these funds if they can’t receive coverage from private insurers.

If you are an independent contractor and have been injured on the job or have questions about workers’ compensation coverage, the experienced legal team at Gold, Albanese, Barletti & Locascio, LLC, can help you determine the best course of action. Contact us at 732-936-9901 to schedule a free consultation.

How To Help A Disabled Loved One With Legal Battles | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

How To Help A Disabled Loved One With Legal Battles

If you have a loved one who is suffering from a disability and cannot advocate for themselves, we can help. Our attorneys have 200-plus years of combined legal experience helping victims and their loved ones obtain maximum compensation and representation due by law. Whether your loved one needs to file for personal injury damages, work on an estate plan or anything in between, Gold, Albanese, Barletti & Locascio, LLC, is here for you.

Experience You Can Trust

Founded in 1997, our law firm has represented people with disabilities and helped them obtain justice in a wide range of legal scenarios. Our staff has experience on the plaintiff and defendant sides, providing us with insight in how to best help our clients. The diverse backgrounds of our attorneys ensure a broad view of your case as we seek to build a strong relationship and case moving forward.

We will meet with your loved one to explain the legal help our team can provide. Often, the free consultation appointment can relieve some of the anxiety surrounding the legal process. We understand that many victims want to put the incident in the past without seeking just compensation. However, your loved one deserves more!

Practice Areas

Has your loved one been injured while at work or due to the negligence of another? Did the injury result in the current disability? If so, the law has restrictions on how long your family member has to file for compensation. We also provide legal help for clients who were injured in a motor vehicle accident or by a drunken driver.

Medical malpractice and nursing home abuse victims are entitled to legal assistance and compensation. At Gold, Albanese, Barletti & Locascio, LLC, we will treat your loved one with dignity and respect as we gather evidence to prove negligence or abuse at the hands of the medical community. Our services include advocating for patients who were victims of medication errors, misdiagnoses and other abuses.

What Should I Do?

If you are concerned about a disabled loved one who is facing a legal battle, contact our offices to schedule an appointment for legal help. We can advocate for your loved one if they opt to retain our services.

On the other hand, if your disabled loved one suffers from cognitive decline, you can ask the state to appoint you as a guardian. Gold, Albanese, Barletti & Locascio, LLC, has the knowledge and experience to help your family through this difficult time.

For a free consultation, fill out our contact form or call us at 732-936-9901.

Is It Possible To Get Workers’ Comp For Depression In New Jersey? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Is It Possible To Get Workers’ Comp For Depression In New Jersey?

The federal government demands that states have a program providing workers with compensation for on-the-job injuries. Unless your employer is exempt because of its size or the scope of the work, you have the legal right to file a compensation claim for work-related injuries of all sorts, including depression and anxiety.

What Is A Job-Related Injury?

Work-related compensation claims cover physical and mental injuries that occur on the job. Physical injuries, such as broken limbs or chemical burns, often are readily visible and easy to claim, while mental health injuries might require medical and legal proof.

At Gold, Albanese, Barletti & Locascio, LLC, our experienced team advocates for victims of physical and mental health injuries resulting from the workplace environment.

What Are The Causes Of Work-Related Depression And Anxiety?

Compensation claims related to depression are sometimes connected to a physical injury. If you were injured at work and developed depression as a result of the the physical injury, you can file a related claim for your mental health damages. The first claim will provide compensation until you reach maximum physical healing while the second compensates you during your mental and emotional healing.

Some instances of workplace-induced depression don’t involve a physical injury. Workers can experience workplace depression as a result of bullying, sexual harassment or other severe mistreatment.

What Are The Signs Of Depression?

It can often be difficult to see the signs of depression, particularly in yourself. Patients who are engaged with a busy medical schedule often don’t stop to assess their mental health. Symptoms of depression include:

  • Hopelessness
  • Guilt
  • Fatigue
  • Irritability
  • Persistent feelings of emptiness and loss of interest
  • Poor sleep
  • Cognitive decline
  • Appetite change

Can I Get Workers’ Comp For My Job-Related Depression?

Yes. Whether your employment caused the depression or aggravated a pre-existing condition, you deserve compensation during your recovery. Depression resulting from a work-related physical injury also qualifies you for workers’ comp.

Where Should I Begin?

If you or a loved one is exhibiting signs of depression related to a workplace incident, you might qualify for workers’ compensation. At Gold, Albanese, Barletti & Locascio, LLC, we can help you navigate through the process. Request a free consultation by filing out the contact form or calling our office at 732-936-9901.

Loss of Enjoyment | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Loss of Enjoyment

Making a Case for Loss of Enjoyment

The loss of the ability to engage in activities that were an important part of your life can be devastating, and can greatly diminish the pleasure you once experienced in your daily life. Both the inability to participate in physical activities and the inability to enjoy intellectual pursuits may be compensable with an award of financial damages if you file a personal injury claim.

Physical Activity

For many people, physical activities are a huge part of their daily lives. For example, if you have suffered back injuries due to a car accident that prevents you from engaging in recreational activities such as running, biking or playing sports, your enjoyment of life is lessened because you cannot participate in those activities that once gave you gave you pleasure and fulfillment.

Injuries due to someone else’s negligence can have emotional implications that impact your quality of life as well. If you are severely injured, you may not be able to perform physical activities with your children, which can lead to depression and loss of enjoyment of life.

Intellectual Activity

Intellectual activities such as reading, writing and playing games are a vital part of many individuals’ lives. For example, if you or a loved one has suffered a head injury and are no longer able to read, the quality of your life is greatly diminished. This loss of the enjoyment is also compensable in the form of an award of financial damages from the party responsible for your injury.

Fatal Injury Cases

In fatal injury cases a decedent cannot recover compensation for his or her own loss of enjoyment of life, but loved ones may be financially compensated for the loss of companionship of the person who has passed away due to someone else’s negligence.

How is compensation determined for loss of enjoyment of life?

There is no precise standard for measuring damages for loss of enjoyment of life. Assuming your case goes to trial, the appropriate amount of compensation is largely within the jury’s discretion. A skilled personal injury attorney may be able to help you avoid going to court and negotiate a settlement in which you or your loved ones will be appropriately compensated.

Loss of enjoyment of life can dramatically affect your quality of life and the lives of those around you. If you or a loved one has suffered a serious injury that has adversely impacted your life and ability to enjoy the things you used to love, the experienced legal team at Gold, Albanese, Barletti & Locascio, LLC, can assess your case and help you recover the compensation you deserve. Contact us at 732-936-9901 to schedule a free consultation today.

Preventing Premises Liability | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Preventing Premises Liability

If you are a property owner, you are obligated to keep your premises in reasonably safe condition.  If someone is injured on your property you may be responsible for damages. Premises liability cases include a wide range of scenarios Follow these tips to help decrease the likelihood of someone injuring themselves on your property.

Keep your premises clean. Whether you are a homeowner or own a business, keeping floors clean and free of clutter can prevent slip and fall injuries. Make sure that walkways are free of obstacles. Clutter can also create a fire hazard by blocking exits. Clean up any spills immediately. If you own a business, set up periodic cleaning schedules so your employees can take care of any potential hazards such as spills or debris on the floor.

Periodically check floors, sidewalks, and other surfaces for hazards. Cracked, uneven sidewalks and floors are a preventable tripping hazard. If you find that something is in need of repair have it fixed immediately. In cold weather, make sure to clear ice and snow, and salt surfaces to prevent slip and fall injuries.

Ask for proof of insurance for all day laborers. General contractors, landscapers, house cleaners, movers and other workers can sue you they suffer an injury and do not have adequate workers’ compensation insurance. Ask for a copy of their Certificate of Liability Insurance, and call the agent listed on the card to verify that it is current and active.

If you own a dog, keep it under control at all times. Although dogs are considered man’s best friend, they can bite if not properly supervised. In most states, dog owners are liable for injuries caused by their dogs whether or not they were aware of their dog’s propensity to bite. If you know your dog is not good with people or other animals keep it in a secure area when you have visitors.

What to Do If An Accident Happens

Even if you take steps to keep your property in good condition, accidents still happen. If someone is hurt on your property, make a detailed report of the incident and call your insurance company immediately.

If you are facing a premises liability claim, the experienced legal team at Gold, Albanese, Barletti & Locascio, LLC, can assess your case and help to ensure your rights are protected. Contact us at 732-936-9901 to schedule a free consultation today.

Does Your PTSD Qualify You for Worker’s Comp?

If you have been traumatized at your New Jersey job and are unable to work, you might be able to collect temporary or permanent workers’ comp for the incident. The National Center for Post-Traumatic Stress Disorder has stated that almost eight percent of Americans will suffer from PTSD at some point, and only a fraction of those cases relate to military service. For those experiencing PTSD due to a work-related incident, obtaining financial compensation without the aid of an attorney can be challenging.

As with physical injuries, it must be proven that the mental health symptoms are directly resultant from the workplace incident. A lawyer familiar with the nuances of compensation claims can ensure that your application is complete and timely. Their ability to acquire the right evidence to substantiate your claim will help you prove the condition interferes with your ability to work and that the triggering event occurred within the scope of employment.

The symptoms of PTSD include mental, emotional and physical components. If you are easily startled, irritable or have nightmares related to the incident, these are signs you are suffering from PTSD. Your emotional symptoms might include anxiety, depression or acting out with obsessive compulsive behaviors.

The physical signs your doctor will look for include fatigue, high blood pressure and headaches. Other symptoms can be assessed by a psychiatrist or psychologist to determine your diagnosis. You will need to have an accurate diagnosis from a qualified mental health professional in the State of New Jersey in order to receive compensation for your work-related trauma.

In addition to your psychological records, a workers’ comp attorney can acquire interviews from friends, family members and co-workers substantiating your mental health claims. They can also prepare challenges for anything the fraud investigation team might bring forth, including previous mental health treatment and your criminal record.

The three types of mental health workers’ comp claims are physical-mental, mental-physical and mental-mental. In the first, a physical accident results in a mental health condition. For example, depression after breaking a leg. The second involves claims where a mental condition creates a physical symptom, such as elevated blood pressure. Mental-mental cases, in which mental or emotional trauma creates further mental distress.

In the State of New Jersey, mental-mental cases can be won, if the stimulus falls within an acceptable “unusual” category for the position. A qualified workers’ comp legal team can help you prove all of these types of cases, including advocating for your future needs and appealing any decisions that are not in your favor.

If you are suffering from PTSD related to a workplace incident, contact Gold, Albanese, Barletti & Locascio, L.L.C. today for a consultation.

Steps To Appeal If You’ve Been Denied Workers’ Compensation

Work-related accidents and injuries are fairly common. The construction worker who overexerts himself and pulls a muscle. The nursing aide who slips on a wet floor. The traveling business associate who gets into a car accident on his way to a meeting. If you’ve sustained an injury while on the job and your workers’ compensation claim has been denied, you have the right to appeal that decision, requesting review and reconsideration of the original ruling.

Why Was Your Claim Denied In The First Place?

The reasons for a claim denial are broad and varied. For example, your workers’ comp claim may have been denied over a dispute as to when and where your accident took place. If your employer believes that you were injured on your lunch break or while off of the premises, they will most likely deny the claim.

Your health provider may conclude that your pain and suffering was actually caused by a preexisting injury or condition, or they may assert that you didn’t sustain any injuries at all. They might also conclude that you weren’t actually disabled as a result of the accident and are capable of resuming all normal occupational activities. Regardless of the reason behind the claim denial, you can and should appeal if your work-related injury has left you with physical damage.

Appeal A Denied Claim By Following These Steps

  • Reach out to your insurer and figure out the exact reason why your benefits were denied. The reason could be a simple case of human error – perhaps you failed to notify your employer of your injury within the specified timeframe, or a single document is missing. If this is the case, you should be able to correct these mishaps and proceed with the claim.
  • Most states have a specific application form that’s needed to begin the appeal process. When you’re ready to appeal, obtain the necessary paperwork and make sure to keep track of important filing deadlines.
  • Begin gathering relevant evidence. Locate witnesses who observed the accident take place. Compile medical records that validate the extent of your injury. Your workers’ compensation appeal is similar to a court trial – you’ll need to submit compelling evidence that proves your claim of injury.
  • Contact an attorney who’s familiar with the workers’ comp process. While it isn’t mandatory to have an attorney when appealing a denied claim, it typically increases your chance of success. Since workers’ comp lawyers are paid with a small portion of the benefits you receive from your claim, you don’t have to worry about any financial strain associated with attorney fees.

If your workers’ compensation claim has been denied, contact us today, so the attorneys at Gold, Albanese, Barletti & Locascio, L.L.C. can assist you throughout the entire appeal proceeding and get you the benefits you deserve.

Ways A Workers’ Compensation Lawyer Can Help Your Case

 If you’ve sustained a work-related injury or been involved in an accident that occurred on employer-owned property, you’re more than likely qualified to file a workers’ compensation claim. While it may be tempting to undergo the filing process on your own, hiring a lawyer who specializes in workers’ compensation issues helps ensure that your claim will be successful and that you’ll receive the monetary settlement that you deserve.

Here are several ways that a workers’ comp attorney can boost your case’s chance for success:

  • Assist – Even though the concept of filing a workers’ compensation claim may seem straightforward, in reality, it’s often a complex process. With multiple forms to fill out, each with very specific requirements and strict deadlines to abide by, it’s easy to quickly become confused or make errors. When you hire a workers’ compensation lawyer, they guarantee that your claim is filed properly and on time, so you don’t have to.
  • Acquire – It’s likely that your understanding of how to gather case-relevant evidence is limited. An experienced attorney, however, does know how to go about collecting evidence and will do so if brought on to represent your case. Hiring independent medical specialists to provide an evaluation of your injuries, retaining vocational experts to deliver testimonies about your job’s physical requirements, contacting witnesses who saw first-hand the accident take place – these are just a few examples of how workers’ comp lawyers help you build an air-tight case.
  • Appeal – Workers’ compensation claims are frequently denied, either by employers or the insurance providers. Instead of facing the complicated, often confusing appeal process alone, an attorney can assist you with appealing your denied claim. In addition to filing a claim appeal, your lawyer can also make you aware of additional benefits that you may be eligible for, like disability benefits, unemployment benefits and wage reimbursement.
  • Advocate – When it comes time to negotiate your settlement, an attorney will tenaciously argue on your behalf. Besides factoring in your current accumulated medical expenses, a lawyer will also help you figure out an estimate of your future medical expenses, as well as considering the severity of your injuries and how they’ve affected your life. With a professional’s tried and true negotiation skills on your side, it’s much easier to achieve a settlement worthy of your situation.

Filing a workers’ compensation claim? Contact Gold, Albanese, Barletti & Locascio, L.L.C. to discuss your options and procure an attorney to represent your case.