New Jersey Worker's Compensation - Help For Injured New Jersey Workers

• New Jersey Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• New Jersey Worker's Compensation Resources - Links and resources for injured workers.

Results 1 to 7 of 7
  1. #1
    Join Date
    Nov 2008
    Posts
    33

    Default Workers Comp Case Going to Trial

    After numerous hearings that went no where, I am scheduled for a trial in June. The % settlement that was put before my lawyer and I, by the judge handling my case, was not exceptable and now, myself and my wife, must go before the court and plead our case. It has been 2 years now of trying to get my case settled fairly. Fair..is not in the workmans compensation law book. If it was not for the fact that I was eligible to collect SSD, my wife and I would still be living off the kindness of family and friends.( A terrible thing to have to accept when one has ALWAYS been self supportive and successful in making a living.) To all that write into this forum, from all of us who have and are still cutting threw the red tape of trying to get a fair and reasonable compensation for a work related injury, we understand your mental and emotional pain and frustration. The case will get settled...it could take years...and the amount awarded will in no way be enough for you to live on. I truly believe the workers compensation system needs a total over haul. At this time it appears this system only protects the companies who pay for this liability protection and it funds the doctors, lawyers and courts who process hundreds of these cases a day. As far as you and I...well,it seems we are getting the short end of the stick. Slim Pickens

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Hello,it Has Been Awhile

    trying to get a fair and reasonable compensation for a work related injury,
    Understand I am not defending the system, in any state, they are all in need of overhaul...

    That said however, think where you would be without the WC system, such as it is ?

    There would be NO wage replacement/TTD while you couldn't work, treated and recovered from the injury.
    There would be NO medical care provided..you'd be paying that out of pocket. You can't use your own health coverage for work injury.

    There would probably not be an atty to take a comp claim on contingency...it would be the IW burden of proof to show the ER "at fault". Not an easy thing to do, and likely costly to litigate. Consider the cost of depositions...atty fees of 250-300 per hour. The court reporter etc. The court filing fees. Then there is the wait...you wait to negotiate a cash settlement, you wait for trial...you of course have the right to trial by jury, as this work injury would be a "PI" personal injury, civil issue. You could wait 3 years...4 or 5 even to get to court. With no guarantee of any recovery. You could lose. That wouldn't be "fair or reasonable" ...in my book anyway.

    Whether we are involved in a work injury, personal injury/auto accident, or falling off the roof at home...injuries/illness can be life altering.
    (if you did fall off your roof, and suffered similar injuries, could you afford the 80% share of cost, and copays/deductibles you'd face when using your own health coverage ?)
    At this time it appears this system only protects the companies who pay for this liability protection and it funds the doctors, lawyers and courts who process hundreds of these cases a day. As far as you and I...well,it seems we are getting the short end of the stick. Slim Pickens
    But....those same laws required your ER/IC to pay those benefits you've been receiving.

  3. #3
    Join Date
    Nov 2008
    Posts
    33

    Default Re: Hello,it Has Been Awhile

    Yes, I agree. During ones time of rehabilition treatment the system works fairly well. In my case, with a few mishaps and mis communications between the insurance company and my treating doctors, all went well. Unfortunately, I did not have the final say over what treatments I felt would improve my condition. Once my MMI was reached..which was a time line set by the insurance company...not my doctors....all benefits stop.(Nothing new here) BUT.... there you are. No form of income, still injured, still in pain, still in need of medications and treatments. From that point on...you are in a constant battle, not only trying to survive, always dealing with pain sometimes beyond words, trying to get your case finalized with a respectable amount for the wages you have lost, in my case, until I am 65. Let me say that in my opinion, my experience, my case, I see a multitude of "things" that need to be fixed when it comes to the treatment of an injured worker. I did some research on when, why and how workers compensation began in this country. I have also read articles about how WC judges are appointed.As well as how little authority, or power, these judges actually have in court. It is a real eye opener. So, as I stated above. Getting injured on the job, trying to get medical help, dealing with insurance companies, talking to lawyers who seem overburden with WC cases, is no day at the beach! It is a fight from beginning to end. It feels, to me, as if the injured person is the least important person in this scenario. This is simply not right.

  4. #4
    Join Date
    Jan 2010
    Location
    Pennsylvania
    Posts
    609

    Default Re: Hello,it Has Been Awhile

    It feels, to me, as if the injured person is the least important person in this scenario
    Which is really the funniest statement, since there would BE no scenario if it weren't for the IW.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Hello,it Has Been Awhile

    While you are recovering, reading up on WC and how it began... start writing down all the issues you have faced, under each one come up with a "equitqble solution", one where both parties are 'happy' with what you suggest.
    THEN... get on your elected representatives ass... state, not federal.
    THAT's where change comes from...and that can begin with an IW. In fact it may well be you.

  6. #6
    Join Date
    Nov 2008
    Posts
    33

    Default Re: Hello,it Has Been Awhile

    (.While you are recovering, reading up on WC and how it began.)
    First, most important, I am not recovering. My injury is not one that will mend itself over time. In fact, I am slowly becoming less of who I once was and more and more disabled. Second, I have all I can handle to get myself up and moving in the morning. Without my medication I would be unable to move much at all with out excruciating and debilitating pain. I cannot think as clearly as I once could, so I rely on my wife to do much of my thinking and talking these days. Speaking of my wife, I am constantly worried about her quality of life now that I am not that active, involved life partner she married years ago. I am new to this Workers Forum; being a member since 2008, unlike you,and others who have been members much longer. May I ask you why, if you are an injured worker, you have not come up with your own list of equitable solutions to the poor state of The NJ Workers Comp System???? I am not sure who started this forum and what the original purpose was.. but perhaps all you Senior members could become a collective conscience for the rest of us who write in this web site. Perhaps you could present our concerns to the appropriate people who could possibly make the changes needed. Just an idea..........

  7. #7
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    659

    Default Re: Workers Comp Case Going to Trial

    Slim

    I hate to be the pessimistic one, but you can write all day long to law makers and they all send you to the same place NJ Dept of Labor Office of Head WC Judge and he looks into it or that is what I was told. Guess what NOT ONE of my concerns would be addressed as they say its inappropriate to discuss an ongoing claim, and legally I agree. My lawyer kept pleading with me "Dont do anything that will not advance my case through the court. He didn't want me to shoot self in foot I guess, but I didn't care I was angry and that's what many carriers want from its claimants.

    Now that the then, GOV of NJ, had received my 13 page detailed incident report with supporting documents, only to again forward it to NJ Dept of Labor Office of Head WC Judge. Sure you can write your state law makers but if the head of State cant answer the questions or provide logic as to how NJWC best suits the injured worker medically, and then allows and permits employers to run free in the State as long as they have a Dr who will lean in the furthest direction of the carrier's interest ( or commonly called Dr in pocket) you are fighting a losing battle if you expect ANY change. This is why tell those who are injured to save their energy to get self better and then if you have any gas in tank afterwards then you may begin to physically understand what it is that the last 10 - 15 yrs have taught me when dealing with NJWC. It is not going to change to benefit the IW unless the carrier/employer and or associate gets a better take of the deal!

    Slim you got it right in that it is the SSD benefits that make it possible to hold out long enough to be capable to stay in the WC fight. Dont you worry as long as your lawyer filed for SIF benefits your back benefits date back till the MMI rating day. Which means continuous benefits, but you had to wait this long to get them. This is your award!!

    I may have said before Slim its best to use what is available to the fullest then if able work on making it work better for the IW. Hang in there Slim the end is really near.

    BUG

Similar Threads

  1. Waiting for Decision from a Workers Comp Trial
    By controlfitter in forum Illinois
    Replies: 4
    Last Post: 04-29-2010, 02:43 PM
  2. Why Not a Civil Trial vs. Workers Comp
    By nowin in forum Missouri
    Replies: 32
    Last Post: 10-31-2006, 10:38 AM
  3. Case going to trial
    By d in forum Legal Issues
    Replies: 4
    Last Post: 10-27-2006, 11:03 AM
  4. Getting My Case To Trial
    By stevedell in forum Legal Issues
    Replies: 8
    Last Post: 04-13-2006, 07:43 AM
  5. Replies: 34
    Last Post: 03-04-2006, 05:42 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer