DeNafo
& Walcoff handle workers compensation claims for injuries
which occur in the course of your employment. Under New Jersey
workers compensation law, an injured worker is entitled to three
specific benefits:
1. Medical Treatment. The workers compensation insurance
company is required to provide all that medical treatment designed
to cure or relieve the work related injury. The workers compensation
insurance company has the right to choose the doctors who provide
treatment. However, as is often the case, the workers compensation
insurance company makes every effort to provide only the minimum
treatment in an effort to reduce costs. DeNafo & Walcoff protects
your legal right to medical treatment in the event you are cut
off from additional care by assisting you in obtaining a second
opinion from a qualified physician. If that doctor feels you are
in need of additional treatment, our firm will litigate that issue
before the New Jersey Workers Compensation Court and fight for
an Order requiring additional medical care for your work related
injury.
2. Temporary Disability (sometimes referred to as “workers
comp”). In the event your work related injuries prevent you
from continuing to work while you are receiving medical care,
the workers compensation insurance company is required to pay
70% of your gross weekly wage (up to a statutory cap) for every
week the authorized physician keeps you out of work. Sometimes,
the doctor returns you to work but insurance company must pay
you temporary disability until you can return to work full duty.
3. Permanent Partial Disability. Following treatment and
return to work, often times employees are left with a permanent
injury. Most injuries in some way affect how an individual functions
at work, home and in recreation. The law provides that affected
worker is entitled to an award of money based on the extent of
their injury. DeNafo & Walcoff strives to maximize this recovery
based on our experience and knowledge of New Jersey Workers Compensation
Law and the medical issues which accompany the claim.
4. Reopener Rights. In most cases, following the award,
injures employees are entitled to reopen their workers compensation
claim for up to two years after they receive the last payment
from the workers compensation insurance company. This right makes
the injury the responsibility of the insurance company for as
long as possible. DeNafo & Walcoff fights to insure this right
exists and the injury is properly covered for as long as possible.
In New Jersey, attorney fees in workers compensation cases are
based on a percentage of the permanent partial disability award.
DeNafo & Walcoff does not charge an initial consultation fee
and, if we represent you in your workers compensation claim, will
not receive any attorney fee unless you recover an award.
NEW JERSEY PERSONAL INJURY
Individuals who are injured as a result of the negligence
or wrongdoing of another are entitled to seek damages through
a civil action. Personal injury claims take on many forms, however,
here are a few of the types of claims which may exist:
1. Automobile Accidents. In New Jersey, when an accident
occurs, there are two issues that determine whether a recovery
against the negligent party can be made: Liability and Damages.
Liability refers to who is at fault for the accident. Sometimes
this is not at issue as in the case of a rear end collision. However,
often it is not so cut and dry. For example, in an intersectional
accident where both parties say they had the green light or the
right of way. Damages refers to the degree to which one was injured
in the accident. Other factors contribute to whether a case will
even make it to a jury. The most prevalent issue today is when
an individual “chooses” the Limitation on Lawsuit or
Verbal Threshold when they purchased their automobile insurance.
This limitation requires a (1) severe injury (2) capable of proof
by objective medical evidence and (3) the injury must have a significant
impact on your life. The types of injuries that are able to pierce
the threshold are becoming more and more difficult as Judges interpret
what “significant impact” means. Needless to say, DeNafo
& Walcoff recommends that you choose not to have the Limitation
on your insurance.
2. Premises Liability or Slip and Fall Accidents. In New
Jersey, when an individual is injured while at the property of
another, they may have a claim for damages against the property
owner. Depending on the reason for the visit, individuals are
owed a duty by the property owner to protect against a condition
which could cause them harm. Again, the issues of liability and
damages exist in these cases as well. However, there is no threshold
which can prevent a recovery if you can prove negligence and that
damages or injury resulted from the accident.
3. Products Liability. When someone is injured due to a
defect in a product or a negligently designed product, they are
entitled to bring an action against the manufacturer. New Jersey
protects the end-user of a product against design or manufacturing
defects which cause injury.
4. Medical Malpractice. These claims exist where a professional
in the medical field makes a mistake and causes injury to a patient.
The medical professional owes a duty to the patient to perform
within the standard of care of the physician in a particular field.
When the medical professional deviates from that standard of care
he or she has committed malpractice. If the malpractice causes
injury to the patient, they have a right to recovery for their
damages.
DeNafo & Walcoff handles personal injury claims on a contingency
fee basis. This means that there is no attorney fee unless there
is an affirmative recovery by the client. As in workers compensation
case, there is no initial consultation fee.
