Personal Injury & Wrongful Death
[/spb_text_block] [spb_text_block animation=”none” animation_delay=”0″ simplified_controls=”yes” custom_css_percentage=”yes” padding_vertical=”0″ padding_horizontal=”3″ margin_vertical=”0″ custom_css=”margin-top: 0%;margin-bottom: 0%;padding-left: 3%;padding-right: 3%;” border_size=”0″ border_styling_global=”default” width=”3/4″ el_position=”last”]My office handles work injuries, helping those hurt on the job, seeking fair compensation for lost wages, and incurred medical bills and suffered disability, serious injuries from work, accidents.
We offer free initial consultation for these types of cases. There is no attorney’s fee if there is no recovery.
I am a solo practitioner focusing in these areas of law, and I can assure you that I will not pass you from one attorney to another attorney. I will handle your case from beginning to end with the assistance of my staff. We will keep you informed of significant aspects of the case as it progresses, and we will include you in important decision-making steps along the way. We will plan strategies and provide you with options at various junctures throughout the case.
You are always welcome to schedule an appointment to come in to discuss your case. We will provide you with the representation and the support staff in which you can have trust and confidence. We are determined to aggressively, thoroughly, and professionally protect your rights and take the steps designed to achieve the fair resolution of your matter to which you are entitled.
[/spb_text_block] [spb_accordion width=”1/1″ el_position=”first last”] [spb_accordion_tab title=”HANDLING WORKERS’ COMPENSATION CASES” accordion_id=”handling-workers–compensation-cases” icon=””] [spb_text_block animation=”none” animation_delay=”0″ simplified_controls=”yes” custom_css_percentage=”no” padding_vertical=”0″ padding_horizontal=”0″ margin_vertical=”0″ custom_css=”margin-top: 0px;margin-bottom: 0px;” border_size=”0″ border_styling_global=”default” width=”1/1″ el_position=”first last”]Most workers’ compensation cases progress similarly through the court system. Generally, if an injury occurs in the course and scope of the employment, the employee is entitled to temporary benefits for wages and to medical benefits for authorized care and treatment and ultimately to a permanent disability award. Once we file a claim on your behalf and after the treatment has been completed, there is a waiting period of about six months or so before you can be examined by physicians for permanency. Reports by certain doctors will address the permanency aspect of the loss and other aspects of the case. This process often takes a long time because of the nature of treatment and the healing process.
First, during the treatment period, the injured worker may be entitled to temporary benefits for wages. There are statutory guidelines, which define a weekly minimum and maximum rate for persons under active care and obtaining authorized medical treatment. “Authorized” means approved and directed by the employer or its insurance company. Basically, temporary benefits are paid to compensate individuals up to 70% of their lost wages during periods of time when they are receiving authorized and active treatment designed to improve the medical conditions.
Second, with respect to medical care, the employee is entitled to have the medical expenses paid if that individual goes to the treater to whom the employer or the employer’s representative has directed the employee. While there are generally some delays in the processing of medical bills and expenses, ultimately the employer will be responsible if the employee follows the employer’s or the workers’ compensation insurance company’s direction and receives care from an authorized provider. At times, some individuals, at their own expense, may want second opinions to confirm recommendations given by the employer’s workers’ compensation doctor.
After treatment has been completed, and the individual has received medical attention to achieve the maximum improvement, there is generally a waiting period to make sure that the condition has reached a plateau. Then we will collect medical records, as will the employer’s representatives. Each side will arrange for special workers’ compensation permanency examinations and reports. These reports are generally not done by the usual treating doctors, but by specialists in the area of permanency evaluation for workers’ compensation cases. My office has a special form, which you may complete after you have been examined by the employer’s (respondent’s) doctors. These forms should be completed after you have left the doctor’s office and when you are back at your home.
When we receive reports from our doctors, we may forward them to you to review for accuracy and completeness. Responses to those inquiries are greatly appreciated. You should know that we are generally unable to obtain copies of the respondent’s defense reports until we appear in court.
You should also know that, unlike personal injury cases dealing with automobiles, with medical malpractice, with fall downs, etc., workers’ compensation award does not provide specific compensation for pain and suffering. It is basically for permanent disability, wages, and medical care.
Under New Jersey law, there is no attorney’s fee if there is no recovery. Attorneys‘ fees are set by the Court. Usually a maximum of 20% of the gross award is the amount, which the Judge will allow. Frequently the employee pays approximately 40% of that 20% attorney’s fees on Orders Approving Settlement; the employee typically pays 60% of the 20% attorney’s fee. The injured employee will generally pay the full 20% of the award on Section 20 resolutions. You can call me about the differences between Orders Approving Settlement and Section 20 Settlements.
Although the amounts awarded in Workers’ Compensation are generally lower than they are in third party cases, the employee is permitted to come back and re-open the matter within a two-year period if there is significant worsening of the conditions and/or if there appears to be a provable need for additional benefits.
Unlike with third party cases, which can be settled without the Court’s approval, all workers’ compensation cases will require court approval and acceptance will require an appearance in Court.
There are workers’ compensation charts which are used to calculate awards, based upon the year of the accident, the percentage of disability, and the body part affected. The many types of injuries occurring in the course and scope of employment may include those relating to the following:
Eyes, Neck, Back, Hands, Fingers, Shoulders, Wrists, Legs, Knees, Feet, Occupational Repetitive Motion, Scarring, Dog Bites, Amputations, and Head Trauma.
[/spb_text_block] [/spb_accordion_tab] [spb_accordion_tab title=”TIMEFRAMES” accordion_id=”timeframes” icon=””] [spb_text_block animation=”none” animation_delay=”0″ simplified_controls=”yes” custom_css_percentage=”no” padding_vertical=”0″ padding_horizontal=”0″ margin_vertical=”0″ custom_css=”margin-top: 0px;margin-bottom: 0px;” border_size=”0″ border_styling_global=”default” width=”1/1″ el_position=”first last”]New Jersey has a very strict Statute of Limitations for the filing of Workers’ Compensations claims. A formal Claim Petition must be filed within two years of the date of your injury or the last payment of compensation, whichever is later, and/or within two years of a death for dependency benefits. Medical treatment authorized by your employer is considered a payment of compensation. In cases of occupational illness, such as asbestosis, lead poisoning, chemical injuries, repetitive movement injuries, emotional distress, the Claim Petition may have to be filed within two years from the date you first became aware of the condition, and its relationship to employment. Failure to file the Claim Petition within the appropriate time frame may bar you from ever recovering Workers’ Compensation benefits for that injury or illness.
As with the other personal injury matters which I handle, workers’ compensation cases are taken on a contingency fee basis. That means that there is no attorney’s fee, unless there is a recovery. Generally the recovery itself and the attorney’s fee have to be approved by a workers’ compensation judge and cannot be settled just between the parties. I have personally handled workers’ compensation cases for almost 25 years.
As mentioned, the initial consultation for Workers’ Compensation cases is free of charge. We welcome the opportunity to answer your questions.
[/spb_text_block] [/spb_accordion_tab] [spb_accordion_tab title=”HELPFUL NOTE” accordion_id=”helpful-note” icon=””] [spb_text_block animation=”none” animation_delay=”0″ simplified_controls=”yes” custom_css_percentage=”no” padding_vertical=”0″ padding_horizontal=”0″ margin_vertical=”0″ custom_css=”margin-top: 0px;margin-bottom: 0px;” border_size=”0″ border_styling_global=”default” width=”1/1″ el_position=”first last”]When an employee has an accident on the job many times there may be third-party case in addition to the workers’ compensation case. For example, if an employee is on the road in the course and scope of employment and is rear-ended by another driver unconnected and not employed by the employer, there may be two claims to be made. First, there would be a workers’ compensation claim because the employee was injured on the job in the course and scope of employment. Second, there might be a third party claim against the driver of the other vehicle, which rear-ended the employee’s vehicle. In such cases the law requires that certain liens be paid back to workers’ compensation carrier out of the third party settlement for the same accident. Certain calculations have to be made which we can discuss with you.
A third party claim against the manufacturer of products or other individuals who are responsible for the injury may also be made if the accident occurred in the course and scope of the employees’ work-related duties. I handle these matters and deal with the interactions between the two laws and with liens and other considerations which must be addressed.
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When you have a work accident and have suffered injuries, you need the benefits of a seasoned workers’ compensation attorney to assist you in recovering lost wages and in having your medical bills paid. There is a delicate line to walk when pursuing workers’ compensation benefit, if you are still working for the same employer. We can be your buffer. With years of experience in this area, we can guide you through the process and provide assistance and options about how best to protect your rights.
It is important that you contact an attorney as quickly as possible to get information regarding your workers’ compensation claims. We will assist you in handling questions by the employer and in making sure your rights are adequately protected.
My staff and I provide compassionate, aggressive, thorough and professional representation in pursuing your case. I am readily available for “in office” appointments if you would like to discuss your case as it is progressing.
We will provide you personalized representation. You will not be passed from one attorney to another. I will start your case and will finish your case. You will receive the benefit of professional and caring assistance throughout the process. We pride ourselves on our personal and professional care to each and every client who retains us. We focus on representing victims who are seriously injured. We do not handle matrimonial, bankruptcy, real estate, zoning or landlord/tenancy matters.
We are committed to providing the type of aggressive, devoted, professional and consistent representation to which you are entitled. We will guide you through the case as it progresses, arriving at the fair compensation that you deserve. If applicable, we will plan strategies and provide you with options at various junctures throughout the case. We will provide you with the representation and the support staff in which you can have trust and confidence.
Feel free to see our two-page advertisement listed First in the Verizon Middlesex County (New Brunswick/Edison) 2017 Superpages Directory under “Lawyers” at pages 176-177 and on the back of the front cover. You can also find the full ad via Dexpages.com under the New Brunswick/Edison Directory which actually permits you to view the Directory Ad on pages 176-177.
Note: The material included on this web site is not intended as legal advice on any particular matter or in any particular jurisdiction. It is for general informational purposes only. Because the results of any legal matter may vary depending upon the specific law, facts and other considerations applicable to the case, you should not act based upon any material contained on this web site without seeking professional advice as to the particular facts and law involved in your particular case. No information on this web site should be construed as a forecast of future results. Transmission and receipt of information from this web site does not establish an attorney-client relationship between the reader and Patrick J. Richardson, P.C. or between some other person and Patrick J. Richardson, P.C. This firm is not responsible for any third party content which is accessible through this site.
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