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Posted By
Levinson Axelrod, P.A.
New Jersey Attorney Todd D. Wachtel , a Partner with Levinson Axelrod, P.A. who works out of our Hillsborough Office, recently obtained with the Court’s approval a workers’ compensation award of $216,720. The recovery stems from a workplace injury case involving Todd’s client, a machinist who suffered an injury to his left shoulder while performing job-related duties. In the state of New Jersey, ...
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Posted By
Levinson Axelrod, P.A.
On Tuesday, December 4, 2018, the Appellate Division of New Jersey Superior Court issued a precedent-setting decision that will likely impact future cases involving employers who sue a third party for reimbursement of damages following an auto accident involving employees – particularly when the injured worker would be barred from a recovery of non-economic damages by New Jersey’s verbal ...
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Posted By
Levinson Axelrod, P.A.
Federal regulators from the Occupational Safety and Health Administration (OSHA) are investigating an incident at a New Jersey Amazon warehouse that left dozens of employees in need of medical treatment after being exposed to bear spray. According to officials, the incident took place on Wednesday December 5, 2018 at an Amazon fulfillment center in Robbinsville Township. Investigators have ...
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Posted By
Levinson Axelrod, P.A.
Legislation drafted with the help of Levinson Axelrod, P.A. Partner Richard J. Marcolus was recently signed into law. Senate, No. 2145, referred to as the Voluntary Tender Bill, was signed by Governor Phil Murphy in October. The amendment to the New Jersey Workers’ Compensation Act helps workers who suffer injuries and illnesses on the job retain legal counsel without the interference of insurance ...
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Posted By
Levinson Axelrod, P.A.
Fatal workplace injuries steadily increased throughout the U.S., according to the most recently available data from the Bureau of Labor Statistics (BLS). Aside from showing a 7% increase in workplace deaths from 2015 to 2016, the statistics also provide insight into a range of occupational risks faced by all type of workers in a range of industries. Below, our legal team at Levinson Axelrod, P.A. ...
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Posted By
Levinson Axelrod, P.A.
Amid today’s growing consumer-based economy, warehouses and fulfillment centers have cropped up with increasing frequency throughout the U.S. In addition to traditional industries that utilize warehouses, these facilities now employ a substantial number of Americans. Those employees, however, face a number of risks in their day-to-day duties, as well as difficulties in securing the benefits and ...
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Posted By
Levinson Axelrod, P.A.
On Friday, February 9, 2018, Todd Wachtel, Esq., a partner at Levinson Axelrod’s Hillsborough Office, spoke at the 2018 Advanced Workers Compensation Law Conference in Edison, New Jersey. In New Jersey, attorneys are required to go to Continuing Legal Education (CLE) classes. An “advanced” class like this one covers far more than the basics of Worker’s Compensation law , and is aimed to teach ...
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Posted By
Levinson Axelrod, P.A.
Todd Wachtel, a partner at Levinson Axelrod’s Hillsborough office, was published as a contributing author in a new legal practice guide for New Jersey Workers' Compensation by Lexis/Nexis. A legal practice guide is a mix between a legal research book and a practical guide for lawyers. It is one of those items that many lawyers and Judges leave on their desks every day or carry with them to Court. ...
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Posted By
Levinson Axelrod, P.A.
Summer weather may be beautiful, especially compared to the dreary winter months, but it can be just as dangerous as it is pleasant if you don’t take care of yourself. While everyone should worry about their safety in these sweltering temperatures, construction workers, and other people who work outdoors need to take extra precautions to avoid heat-related illnesses and injuries. Why Is Heat Such ...
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Posted By
Levinson Axelrod, P.A.
Construction workers have some of the highest injury rates of any occupation in the U.S., so you need to be prepared in the event of an injury. It’s important to know whether your injury is covered under workers’ compensation and if you have a case that allows further legal action against other parties referred to as 3 rd Parties. In New Jersey, the law requires every business to have of worker’s ...
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Posted By
Levinson Axelrod, P.A.
Workers’ Compensation Claims & Third Party Lawsuits If you are injured in a workplace accident, there are various steps that you have to take. All employers in the State of New Jersey are required to have Worker’s Compensation insurance to protect employees who are injured while performing work-related duties. In the State of New Jersey, you cannot sue your co-employee or your employer if you are ...
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Posted By
Levinson Axelrod
New Jersey law requires employers to obtain workers’ compensation insurance or obtain approval to be a self-insured provider. An employee must report any work-related injury to their employer, who must in turn, report it to their insurance company. A claim for Worker’s Compensation benefits must be filed within two years of the last date of authorized treatment (of it treatment was not provided by ...
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Posted By
Levinson Axelrod
Under federal law, workers are entitled to a safe working space. Employers have a responsibility to provide necessary instruction and equipment to make the jobsite safe. However, injures occur too often. At Levinson Axelrod, we want you to protect yourself from potential harm. By knowing the top dangers in the workplace, you can better avoid them. 1. Falls Trip and falls are one of the most common ...
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Posted By
Levinson Axelrod
If a worker is injured while on the job or at the work site, they may be eligible for compensation. All New Jersey employers must acquire Worker’s Compensation insurance or be an approved self-insured provider. When an individual sustains an injury at work , they must report it to their supervisors, who in turn must inform their insurance carrier. The employee must file a claim within 2-years of ...
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Posted By
Levinson Axelrod
When an employee is injured at work, it is important that they file a report or tell a supervisor immediately. Depending on the incident and the extent of damage, the person might be eligible for compensation. New Jersey requires that all employers not covered by a federal program have workers’ compensation insurance to protect their employees. In return, injured employees cannot sue their ...
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Posted By
Brian P. McElroy
Injuries and diseases resulting from an accident are considered work related if they occur during the course of employment and arise out of that employment. The first question is, why does it matter if the injury occurs in the course of my employment? If your accident occurs during the course of your employment, you will likely be eligible for workers’ compensation . Workers’ compensation will ...
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Posted By
Richard J. Marcolus
No it is not. Filing a workers compensation case is a claim filed with the NJ Department of Labor and is an Administrative procedure to process all work related injuries. Since it is not a lawsuit (unlike third party worker injury lawsuits ) filed in the Court system of the State of NJ, these claims have their own rules, procedures, and special court system. Employers are required to carry ...
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Posted By
Levinson Axelrod, P.A.
The Public Safety Officers’ Benefit Program provides benefits to Public safety officers (PSO) and their families if the PSO is injured or killed in the line of duty. This program first enacted in 1976 and subsequently expanded is designed to assist in the retention of PSO’s, establish their value in the community and offer peace of mind to the men and women in those lines of work. There are very ...
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Posted By
Levinson Axelrod, P.A.
According to a June 12, 2015 article in the Boston Globe, Liberty Mutual will be de-emphasizing Worker’s Compensation as part of its business. Liberty Mutual is the 2nd largest Worker’s Compensation carrier in the State of New Jersey, which covers injuries for thousands of employers. This Boston company started a century ago insuring railway, shipbuilding, and tannery workers hurt on the job. ...
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Posted By
Celine M. Vitale
New Jersey is an “at will” employment state. This means that unless you are subject to an employment contract, you may be terminated for any reason. However, it is important to understand that if you are injured while in the course of your employment, you may be entitled to file a Workers’ Compensation claim to ensure that you receive proper medical treatment and compensation for your work-related ...
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Posted By
Celine M. Vitale
It is important to understand that if you are injured in a compensable work related accident, you have the right to receive medical treatment paid for by your employer’s workers’ compensation insurance carrier. This is referred to as authorized medical treatment. If you settle your case by way of an Order Approving Settlement, then you have two years from the date that you last receive a payment ...
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Posted By
Levinson Axelrod, P.A.
In today’s economy, a common concern among employees is job security. There are significant concerns over losing a job, finding a job, and replacing employment based medical benefits following a job loss. So many of us, regardless of industry, share the same concerns because in general it is difficult to find a job in today’s market place. Workers that are injured on the job may be reluctant to ...
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Posted By
Levinson Axelrod, P.A.
Recently, an article in Mother Jones magazine, reported that nearly two-dozen corporations, including Walmart, Nordstrom, and Safeway are funding a lobbying effort to make it more difficult for workers to receive benefits following an injury at work. They have created a lobbying group, the Association for Responsible Alternatives to Workers' Compensation (ARAWC), whose goal is to change the ...
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