Dennis Michael Baptista’s Answers

Dennis Michael Baptista

Nutley Workers' Compensation Lawyer.

Contributor Level 3
  1. Updated I was assaulted at work now i am experiencing ptsd and anxiety . Workers comp said it is not work related

    Answered over 1 year ago.

    1. Dennis Michael Baptista
    2. John M Connell
    3. Michael T Warshaw
    4. Douglas Wayne Jones Jr
    4 lawyer answers

    If the subject matter of the assault was work related, then this incident would entitle you to workers compensation benefits. If the subject matter of the assault was not work related then you would not be entitled to workers compensation for this incident.

    5 lawyers agreed with this answer

  2. I was assaulted at work now i am experiencing ptsd and anxiety . Workers comp said it is not work related

    Answered over 1 year ago.

    1. Dennis Michael Baptista
    2. Michael J Dennin
    3. Douglas Wayne Jones Jr
    4. John M Connell
    5. Michael Shaun Williams
    6. ···
    6 lawyer answers

    If the subject matter of the assault was work related then you are entitled to receive workers compensation benefits for this incident. If the subject matter of the assault was not related to work then no, even though it happened on the job site.

    4 lawyers agreed with this answer

  3. Can a person revoke their Worker's Comp Settlement Agreement?

    Answered about 2 years ago.

    1. Dennis Michael Baptista
    2. Allan E Richardson
    3. Glenn Kaplan
    4. Mary Xinh Nguyen
    4 lawyer answers

    Probably not. She is going to have a difficult time proving that she did not understand the terms of the settlement agreement that she entered into. There are no "out of court settlements" in NJ Workers Comp. All settlements are made in court and placed on the record. This woman would have had to take the witness stand - and the Judge would have to find that she 1)understood the terms of the settlement,2) knew she had a right to a trial but voluntarily waived it and 3) that the settlement...

    3 lawyers agreed with this answer

  4. Do i get checks from workman's comp when claim is still open even tho i got terminated from job

    Answered about 2 years ago.

    1. Andrzej Piotr Szymanski
    2. Albert John Talone
    3. Dennis Michael Baptista
    4. Glenn Kaplan
    5. Ronald Edward Aronds
    6. ···
    7 lawyer answers

    The short answer is YES... but this is a hot topic right now in NJ Workers Comp Law. Many insurance company lawyers will try to discontinue your temporary benefits on the grounds that you are no longer part of the work force... pursuant to a terrible decision rendered by the appellate division in Cunningham vs. Atlantic States. You can win that claim if it is made against you but you may need to go to court and fight it.

    1 lawyer agreed with this answer

  5. Fired or discharged while on WC in NJ ?

    Answered about 2 years ago.

    1. Fred S Shahrooz-Scampato
    2. Dennis Michael Baptista
    3. Allan E Richardson
    4. Jeffrey Eric Grabelle
    5. George Ellis Corson IV
    5 lawyer answers

    Your workers compensation temporary disability benefits must continue to be paid even though you were discharged from your employment - provided you have not removed yourself from the job market. In other words, you must be able to show that you would be looking for a job if your treating doctor was not instructing you to temporarly remain out of work until you are better. Once you MMI your temporary disability benefits will stop. At that point in time whatever problems you have will be deemed...

    1 lawyer agreed with this answer

  6. Punched in back of head, 6 months of headaches

    Answered about 2 years ago.

    1. Michael A Ferrara Jr
    2. Jonathan D. Singer
    3. Yolanda Navarrete
    4. Christian K. Lassen II
    5. Sagi Shaked
    6. ···
    7 lawyer answers

    Whether or not you are entitled to workers compensation benefits under NJ law as a result of this incident depends upon the subject matter of the fight. If the fight was over something related to the workplace (for instance which of you are entiled to the commission on a car sale) then you will be entitled to recieve workers compensation benefits. If the subject matter was non-work related (for example he suspects that you are dating his wife) then it is not considered to be a work related...

  7. Do I have a case if I had a lung collapsed that was probably due to work environment?

    Answered about 2 years ago.

    1. Stewart C Crawford Jr.
    2. Dennis Michael Baptista
    3. George Ellis Corson IV
    3 lawyer answers

    The short answer is YES. NJ Workers Comp is a no-fault system. You are entitled to recieve workers compensation benefits if you are injured at work, regardless of who is at faut for your injuries. In most cases the employee is injured in traumatic accident - such as lifting a heavy object or falling down. But many times a worker is injured on job not as the result of any particular accident, but because of the exposure over time to the work environment - such as loud noise which slowly causes...

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