Workers’ Compensation
Medical Records, Privacy Rights and Workers’ Compensation Claims
Posted in Workers' Compensation
As an attorney located in New Jersey representing injured workers, I struggle with the ethical dilemma of balancing my client’s right to privacy and the workers’ compensation carrier’s right to obtain medical discovery. The injured worker’s right to confidentiality in medical treatment records is waived in part when they make… Continue reading
The “Premises Rule” in Workers’ Compensation
Posted in Workers' Compensation
A recent potential client called our office wondering why the workers’ compensation carrier for her employer had denied her claim for workers’ compensation benefits on the basis that she had already left her place of employment when she slipped and fell on ice. She had clocked out for the day, walked out the front door of work, and was still on the walkway out to the parking lot when she fell. Continue reading
Worker’s Compensation Penalties: What Are They?
Posted in Workers' Compensation
Under Pennsylvania Workers’ Compensation Law, employers and insurers can be subject to monetary penalties. The Law provides that the Court has the power to impose penalties for a violation of any provision of the Workers’ Compensation Act, Rules and Regulations. Employers and insurers may be penalized up to ten percent (10%) of an amount awarded, plus interest. This penalty may be increased to fifty percent (50%) in cases of unreasonable or excessive delays. Continue reading
What is an IME and What is it Used for in New Jersey Workers’ Compensation?
Posted in Workers' Compensation
An IME is an Independent Medical Evaluation, which can occur during treatment or more routinely at the conclusion of all treatment related to the work accident. Continue reading
The Supreme Court Has Now Ruled On Suing a Workers’ Compensation Carrier For “Bad Faith”
Posted in Workers' Compensation
In the recent case of Stancil v. ACE USA, the Supreme Court of New Jersey considered whether an injured employee may sue his employer’s workers compensation carrier for pain and suffering caused by the insurance carrier’s wifull delay in paying for medical treatment. Unfortunately the Supreme Court’s answer was “NO.” Continue reading
Can a Worker Collect Temporary Disability Insurance (TDI) Benefits if He/She is Injured on the Job?
Posted in Personal Injury, Workers' Compensation
If you have a work-related disability, and your employer’s workers’ compensation carrier denies you benefits or stops paying your workers’ compensation benefits, you may be eligible for temporary disability benefits. Continue reading
The Privacy Dangers in Workers’ Comp
Posted in Stark Events, Stark News, Workers' Compensation
Arthur Kravitz, Shareholder in Stark & Stark’s Workers’ Compensation Group, was quoted in the April 6, 2012 Lawyers.com article, The Privacy Dangers in Workers’ Comp. The article discusses the fact that when someone is injured at work, their privacy, in relation to their medical history and personal life, is often times invaded by insurance companies looking for evidence that can be used to deny their workers’ compensation claim. Continue reading
The Importance of Reporting a Work-Related Injury Right Away
Posted in Workers' Compensation
If you’re hurt while working, you have to notify your employer. Even if it feels like you can shake the injury off after a couple days, it’s extremely important to report the initial injury. If you don’t report it and the physical problems don’t go away overnight or over the weekend, it’s a recipe for a big headache. Continue reading
Stark & Stark Attorney Obtains $250,000 Jury Verdict for Injured Home Depot Employee
Posted in Personal Injury, Stark News, Workers' Compensation
Denise Mariani, of Stark & Stark’s Personal Injury Group, recently obtained a $250,000 jury verdict for Rosetta Martin of Trenton, New Jersey. Ms. Martin, a security guard at Home Depot, sued International Motor Freight of Newark after she was seriously injured in 2007 when a disgruntled IMF employee slammed his truck door on her right arm at the Home Depot Distribution Center in Cranbury, New Jersey. Continue reading