Kessler, DiGiovanni & Jesuele, LLC

Injury attorneys in Clark, New Jersey

16 posts tagged "Workers' Comp"

  • Shoulder Injuries (Updated for 2019)

    Posted on April 17, 2019 by Vincent Jesuele

    It’s a typical afternoon at work and you’re busy stocking shelves with merchandise. You strain as you reach overhead to place a particularly heavy item on the shelf. Suddenly a sharp, searing pain cuts through your shoulder, causing you to cry out in agony. After the initial burst of pain subsides, you find that you experience shoulder pain when you reach up to comb your hair, or when you bend your arm back to put on a jacket. It is likely that you have suffered a rotator cuff injury, a common injury among employees whose work involves lifting, pulling, or repetitive overhead arm movement.

    The rotator cuff consists of the group of muscles and tendons which connect the upper arm to the shoulder. The rotator cuff holds the upper arm bone (humerus) firmly in the shoulder joint, allowing it to rotate. When the rotator cuff is torn, such rotation becomes painful and may be impeded, making many daily tasks painful or impossible.

  • The Workers' Guide to Workers' Compensation in New Jersey (Updated for 2019)

    Posted on April 15, 2019 by Vincent Jesuele

    The following summary of workers' compensation benefits presents a general outline of the New Jersey Workers’ Compensation system. For further details, the worker should consult a licensed attorney in the State of New Jersey with expertise in workers’ compensation cases.

    Whenever a worker is injured during the course of his or her employment in New Jersey, no matter how the injury occurs (with three exceptions: self-inflicted injury, intoxication, and horseplay), he or she may be entitled to receive up to three different benefits:

    1. Payment of 100% of the medical expenses necessary to “cure and relieve” the worker of the effects of the injury.
    2. A weekly payment of 70% of the worker’s gross weekly wage for each week that he or she is temporarily totally disabled.
    3. Payment of a monetary award for any permanent disability that results from the injury.

    These benefits are discussed in detail below.

  • What is Workers' Compensation? (Updated for 2019)

    Posted on April 15, 2019 by Vincent Jesuele

    • Workers' compensation is a specialized legal process for handling job-related injuries, and is a compromise between workers and employers.
    • Workers are assured payment of medical bills connected to the treatment of their injury.
    • Workers may also receive temporary disability payments for time missed at work and permanent disability payments for permanent loss of bodily function.
    • In exchange, the worker gives up the right to sue his employer.
    • Awards in workers' compensation court are fixed by the Legislature and are quite reasonable. On the other hand, the sky is the limit for damages in civil cases. So employers like workers' compensation because it limits their losses.

  • What Is My Workers' Compensation Case Worth? (Updated for 2019)

    Posted on April 15, 2019 by Vincent Jesuele

    It's the question that every injured worker wants answered: "What is my workers' compensation case worth?"

    In New Jersey, there are three kinds of payments in a workers' compensation case:

    1. Payment of medical bills necessary to "cure and relieve" you of the effects of your injury. However, your employer or its workers' compensation insurer controls the choice of physician.
    2. Temporary disability, paid while you cannot work because of your injury. It is paid at 70% of your weekly wage before taxes, and tops out at $921 a week.
    3. Permanency awards are paid for lasting disability due to work injury. They depend on the part of the body that is disabled, the level of disability, the medical treatment required, and other factors.

    There are lots of factors which can affect the amount of a permanency award, but here is a rough guide with some ranges of values for 2019:

  • How Long Will My Workers' Compensation Case Take?

    Posted on February 12, 2017 by Vincent Jesuele

    Many people ask: "How long will my workers' compensation case take?" The short answer is that it varies. Here is a general guideline:

  • What Is My Workers' Compensation Case Worth? (Updated for 2017)

    Posted on January 10, 2017 by Vincent Jesuele

    It's the question that every injured worker wants answered: "What is my workers' compensation case worth?"

    In New Jersey, there are three kinds of payments in a workers' compensation case:

    1. Payment of medical bills necessary to "cure and relieve" you of the effects of your injury. However, your employer or its workers' compensation insurer controls the choice of physician.
    2. Temporary disability, paid while you cannot work because of your injury. It is paid at 70% of your weekly wage before taxes, and tops out at $896 a week.
    3. Permanency awards are paid for lasting disability due to work injury. They depend on the part of the body that is disabled, the level of disability, the medical treatment required, and other factors.

    There are lots of factors which can affect the amount of a permanency award, but here is a rough guide with some ranges of values for 2017:

  • Hurt On The Job? These Are Your Rights.

    Posted on November 26, 2013 by Vincent Jesuele

    Workers’ compensation is a “no fault” insurance program that provides medical treatment, wage replacement, and permanent disability compensation to employees who suffer job-related injuries or illnesses. In New Jersey, virtually every employer is required to carry workers’ compensation insurance. Your boss should have supplied you with an information pamphlet on workers’ compensation when you began work. Also, the law requires that information on workers’ compensation must be posted in a place visible to all employees.

    If you are hurt while at work, it is your responsibility to inform your boss or manager as soon as possible. Once your boss is notified of your injury, the law requires them to fill out an injury report to be submitted to their workers’ compensation insurance carrier. An injury report should include as many details as possible about the injury and what caused it.

  • What Is My Workers' Compensation Case Worth?

    Posted on March 07, 2013 by Vincent Jesuele

    It's the question that every injured worker wants answered: "What is my workers' compensation case worth?"

    In New Jersey, there are two kinds of payments in a workers' compensation case:

    1. Temporary disability, paid while you cannot work because of your injury. It is paid at 70% of your weekly wage before taxes, and tops out at a bit more than $810 a week.
    2. Permanency awards are paid for lasting disability due to work injury. They depend on the part of the body that is disabled, the level of disability, the medical treatment required, and other factors.

    There are lots of factors which can affect the amount of a permanency award, but here is a rough guide with some ranges of values for 2012:

  • Is It Workers' Compensation or Workers Compensation?

    Posted on February 25, 2013 by Vincent Jesuele

    I've noticed that there seems to be a lot of confusion about the apostrophe in the phrase "workers' compensation." I've seen "workers compensation," "workers' compensation," and even "worker's compensation." So which is correct?

  • Am I Eligible For Workers' Compensation In New Jersey?

    Posted on December 17, 2012 by Vincent Jesuele

    It can happen that a person's employment takes place in more than one state. For example, you might be on the clock working for a company based in New York on a highway in New Jersey headed to a job site in Pennsylvania when you get into a car accident. Generally, if you're involved in an automobile accident while performing your job duties (as opposed to merely commuting to or from work), you are entitled to workers' compensation benefits. But where should you file? Are you eligible for workers' compensation in New Jersey?

  • How Does Workers' Compensation Work?

    Posted on November 28, 2012 by Vincent Jesuele

    When I'm speaking with a new client, they want to know: how does workers' compensation work? In this post I'm going to briefly outline the steps a claim follows from injury to compensation and beyond.

    Workers' compensation begins when a worker is injured on the job. In New Jersey, where I practice, you can receive compensation no matter how you are hurt at work . The exceptions are for self-inflicted injury, or injury resulting from horseplay or intoxication.

  • Shoulder Injuries

    Posted on August 24, 2012 by Vincent Jesuele

    It’s a typical afternoon at work and you’re busy stocking shelves with merchandise. You strain as you reach overhead to place a particularly heavy item on the shelf. Suddenly a sharp, searing pain cuts through your shoulder, causing you to cry out in agony. After the initial burst of pain subsides, you find that you experience shoulder pain when you reach up to comb your hair, or when you bend your arm back to put on a jacket. It is likely that you have suffered a rotator cuff injury, a common injury among employees whose work involves lifting, pulling, or repetitive overhead arm movement.

    The rotator cuff consists of the group of muscles and tendons which connect the upper arm to the shoulder. The rotator cuff holds the upper arm bone (humerus) firmly in the shoulder joint, allowing it to rotate. When the rotator cuff is torn, such rotation becomes painful and may be impeded, making many daily tasks painful or impossible.

  • The Workers' Guide to Workers' Compensation in New Jersey

    Posted on August 10, 2012 by Vincent Jesuele

    The following summary of workers' compensation benefits presents a general outline of the New Jersey Workers’ Compensation system. For further details, the worker should consult a licensed attorney in the State of New Jersey with expertise in workers’ compensation cases.

    Whenever a worker is injured during the course of his or her employment in New Jersey, no matter how the injury occurs (with three exceptions: self-inflicted injury, intoxication, and horseplay), he or she may be entitled to receive up to three different benefits:

    1. Payment of 100% of the medical expenses necessary to “cure and relieve” the worker of the effects of the injury.
    2. A weekly payment of 70% of the worker’s gross weekly wage for each week that he or she is temporarily totally disabled.
    3. Payment of a monetary award for any permanent disability that results from the injury.

    These benefits are discussed in detail below.

  • Video Explanation of Workers' Compensation Law

    Posted on July 27, 2012 by Vincent Jesuele

    Over my many years of practice, I've developed an explanation of New Jersey workers' compensation law which I typically recite to potential clients the first time they call or visit me. I recently recorded myself giving this talk to a webcam and uploaded it to YouTube. You can watch it here:

  • What is Workers' Compensation?

    Posted on July 27, 2012 by Vincent Jesuele

    • Workers' compensation is a specialized legal process for handling job-related injuries, and is a compromise between workers and employers.
    • Workers are assured payment of medical bills connected to the treatment of their injury.
    • Workers may also receive temporary disability payments for time missed at work and permanent disability payments for permanent loss of bodily function.
    • In exchange, the worker gives up the right to sue his employer.
    • Awards in workers' compensation court are fixed by the Legislature and are quite reasonable. On the other hand, the sky is the limit for damages in civil cases. So employers like workers' compensation because it limits their losses.

  • 5 Steps to Follow When Injured at Work

    Posted on July 19, 2012 by Vincent Jesuele

    Let’s face it: a lot of us work in dangerous jobs – construction, manufacturing, warehousing. And a lot of us work in not-so-dangerous jobs – offices, schools, medical facilities. The truth is that in almost 30 years of handling workers' compensation cases, I have seen very severe injuries in both types of jobs! When an injury occurs on the job, these five things are crucial to ensuring that your claim is set up properly from the start: