Workers' Compensation Archives - Malamut & Associates

My Employer owes me money. What can I do? An article discussing wage theft in 2022.

By Christopher Keating State and federal laws require that workers be paid on time and in full, and there are several avenues that employees can pursue to recover money they are owed. This includes late or “light” paychecks, unpaid commissions, or unpaid or underpaid overtime wages, which may be due to willful or negligent acts of the employer or due to employees being misclassified as independent contractors. Common violations I see in practice include: Employer incorrectly tells employees they do…

Daniel’s Law – Be Prepared

In response to the tragic shooting of Judge Esther Salas’ son, Daniel, New Jersey adopted Daniel’s Law in order to protect the personal information of qualifying public servants. Daniel’s Law permits judges, prosecutors, and law enforcement members to request that certain personal information, like property addresses, not be shared with the public. The most recent amendment to Daniel’s Law created the Office of Information Privacy (OIP) to carry out the mandates of Daniel’s Law. Under the leadership of Director Christine Campbell, the…

New Jersey Supreme Court Empowers Injured Workers

Author: Mark Natale This month, the New Jersey Supreme Court wrote new law that will directly benefit injured workers throughout our state, including a number of our clients. Now, if you need a reasonable accommodation at work – whether it be light duty, time off, or job reassignment – and your employer denies your request, you potentially have the right to file a lawsuit against your employer. The case of Richter v. Oakland Board of Education changed the landscape for…

Understanding Grey Areas In NJ Workers’ Comp Claims

The New Jersey Workers’ Compensation law has been providing income and benefits since 1911. If you’re a worker in the state and you’re injured or become sick on the job, you may be entitled to workers’ comp. New Jersey’s compensation works a little differently to some other states, though. New Jersey Workers’ Compensation New Jersey certainly has some very specific and unique guidelines for its workers’ comp system. For instance, it doesn’t matter what size an organization is, all employers must carry workers’ compensation insurance. In…

How You Risk Your PA Workers’ Compensation Benefits When Retiring

If you’re injured on the job in PA, you can claim workers’ compensation benefits. If you’re partially disabled due to the injury, you receive benefits for up to 500 weeks until you can return to your job or your employer finds a different and appropriate position for you. Employers and insurance companies, though, don’t always like paying workers’ compensation benefits. They’re always on the hunt for ways to stop your benefits, and that includes when you retire. What Happens to Your…

Occupational Injury Claims: Injured Workers’ Forgotten Claim

Most people believe you must have an accident to receive benefits under the New Jersey Workers’ Compensation Statute. These benefits include medical treatment, temporary total disability benefits to be paid while you cannot work, and even monetary awards for permanent disability as a result of your injury. While it is true that many employers are quick to address injuries following an obvious traumatic accident, this is not the only way that your work can cause injuries. Many people who perform…

New Jersey Compensation Board on Resident Injured Out of State

The Division of Workers’ Compensation has found it has jurisdiction over the case of a resident of the state that sustained an injury on an out-of-state job site. In the case, the resident was at home when he accepted the job offer, which an appeals court has ruled means it can be pursued within the state. The Appellate Division reversed a previous decision by Judge George Pollard of the Paterson Workers’ Compensation Court that had dismissed the compensation petition previously…

Who Is Responsible For Your Workers’ Compensation Claim If You’re Involved In An Accident While Driving A Work Vehicle?

As an employee, being provided with a company car or work vehicle can represent a valuable benefit, especially if you are able to use the vehicle when you are “off the clock.” Accidents and injuries can happen when you’re in that vehicle regardless of what you’re doing at the time, but when those accidents occur while you’re working, you are entitled to file a claim for worker’s compensation benefits to pay for your medical expenses, as well as a portion…

Does Your Business Have an Emergency Preparedness Plan?

Every business should have an emergency preparedness plan in place, even if there is no obvious risk. This is because there is always the chance of an emergency arising from an external source. The goal of an emergency preparedness plan is to acknowledge that disaster can strike at any time and to put a plan in place to protect all employees of the business, as well as the business itself. Having a plan can save lives, minimize work disability, and…

What Industry has the Highest Rate of Workers’ Compensation Claims?

Accidents and injuries can happen any time and, in any place, and that includes on the job. Where homeowners’ insurance policies, auto insurance and liability insurance provide compensation and coverage for those who are injured in their homes, on the road or on a business property, workers’ compensation insurance provides coverage for injuries that occur to employees in the workplace. Workers’ compensation is a no-fault form of insurance, which means that employees aren’t required to prove that negligence took place: they…