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Helpful Legal Articles

  • By: Lisa Mickey
  • Published: September 13, 2019

Temporary disability benefits will be terminated once you have reached “maximum medical improvement” from treatment, even if you cannot return to work full duty or even to the same line of work. The New Jersey Law Against Discrimination and the federal American with Disabilities Act require employers to offer “reasonable accommodations” for your disability. A reasonable accommodation may include helping…Read More

  • By: Lisa Mickey
  • Published: September 13, 2019

Temporary disability benefits are, by their very nature, “temporary.” The maximum period of time that you may collect temporary disability benefits is 450 weeks (approximately 8.5 years). However, you must be under active medical treatment during this period to qualify for continued lost wage benefits. To be considered “active,” the medical treatment must help you progress towards an increase in…Read More

  • By: Lisa Mickey
  • Published: September 13, 2019

Even during a good economy, some people find it necessary to work at a second job to make ends meet, or choose to do so to get ahead. But what happens if you get hurt at one job, and can’t work at the other because of your injury? Workers’ compensation will only pay wage replacement benefits for the job in…Read More

  • By: Lisa Mickey
  • Published: September 13, 2019

Yes, there is an alternate source for you to obtain some financial relief if your workers’ compensation temporary disability benefits are terminated and you are medically unable to return to work. Your employer may have purchased a disability plan through a private insurance company, or you may be qualified to receive benefits through the State of New Jersey. You should…Read More

  • By: Lisa Mickey
  • Published: September 13, 2019

If you are released to return to work full duty then you should at least attempt to return to work, even if you do not feel able to do so. If you try to work and cannot perform your job duties, advise your employer if you experience additional pain while working. If you are “written up,” for failing to perform…Read More

  • By: Lisa Mickey
  • Published: September 13, 2019

It is common for the workers’ compensation carrier to pressure employers into providing a light-duty return to work program, even when employers practically do not have such work to offer. If your employer is only able to find a few hours of light-duty work for you to perform then you are entitled to receive continued temporary disability benefits which are…Read More

  • By: Lisa Mickey
  • Published: September 13, 2019

If your employer does have a light-duty work program, then you must attempt to return to work, since your temporary disability benefits will be terminated. Unless you have secured a position with another employer, it is advisable to make yourself useful to the company when you return to work. However, do not be afraid to refuse to perform a task…Read More

  • By: Lisa Mickey
  • Published: September 13, 2019

The workers’ compensation carrier may encourage the physician to release you back to work, at least on a light-duty basis. While you are still receiving medical treatment, you should provide the doctor with a copy of your job description. You should explain exactly what job duties you feel that you cannot perform due to your injury. If the doctor releases…Read More

  • By: Lisa Mickey
  • Published: September 13, 2019

If you are a high wage earner, your temporary disability benefits are capped at the State maximum rate. In 2020, the maximum rate in New Jersey is $945/week. Some employers may voluntarily offer to pay the difference between the workers’ compensation rate and your salary. However, they are not required to do so. Speak with your human resources department to…Read More

  • By: Lisa Mickey
  • Published: September 13, 2019

To determine whether the workers’ compensation carrier is paying you the correct temporary disability rate you must first calculate your “average weekly wage,” including overtime. Take a look at your paystub. Do you make the same amount every week or does your salary vary? If you earn an annual salary, your weekly wage should be the same every week. Your…Read More

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