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New Jersey’s Worker Compensation laws protect the right of employees who suffer a work connected injury.
The claims of injured workers against their employers are administrative in nature and must be filed in the New Jersey Worker’s Compensation Court.
These courts and their judges specialize in the adjudication of rights to injured workers. Lawyers who practice in this area must be familiar with the body of administrative law that defines and regulates this type of claims.
Unlike civil courts of general jurisdiction, an injured worker does not have to prove an act of negligence by his employer in bringing an action. All that is required is that the employee proves that he was working when the injury took place.
Worker Compensation claims can be divided in two broad categories: "occupational" or "accidental”. An accident claim is one that happens as a result of trauma to the body that can be defined in time and place. An occupational case occurs as a result of exposure of the body or a "body part" over time.
An example of an “injury claim” is a fracture. An example of an “occupational claim” is Carpal Tunnel Syndrome to one or both hands. There are multiple regulations and statutes dealing with worker’s claims. I have handled worker’s claims since 1979, when I began my private practice.
Back then, the laws that dealt with worker’s benefits provided limited permanent economic compensation to the workers. As a result of the significant changes in the law that were enacted in 1986, the weekly permanent rate of employees in New Jersey has been progressively increased from that time forward to make it fairer.
I am happy, along with my colleagues, to have seen the changes implemented by the legislature of New Jersey to the Worker’s Compensation laws in order to meet the challenge of providing injured workers with reasonable protection. I have represented clients in the past in injury cases and occupational claims.
Regardless of the nature of your claim, my experience in both occupational and accident cases is vast. I appear in the Worker’s Compensation Court regularly.
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