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Jon L Gelman

Jon Gelman’s Answers

22 total

  • Workers compensation exemption

    I registered a company in NJ in sept 2007.As an owner of a corporation, I just realized (out of ignorance) that we didn't have a workers compensation and my husband was supervising to get some sales ( not working even as a part time).. he worked f...

    Jon’s Answer

    Governor Corzine has now signed into law a new enforcement statute for workers' compensation coverage in New Jersey. The law amend NJSA 34:15-79 and allows the Director of the Division of Workers' Compensation a stop-work order and impose penalties of between $1,000 to $5,000 per day for non-compliance.

    The broad legislation makes it a violation for an employer to misrepresent the status of an employee as an "independent contractor" or to knowingly provide misleading, incomplete or false information.

    The Division is in the process of promulgating administrative rules and regulations for implementation of this legislation.

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  • Can I draw unemployment and worker's comp at the same time?

    My father was injured on the job two months before he was layed off. After the lay off, he filed for worker's comp and was approved. He is receiving a worker's comp check and an unemployment check too. Is this legal?

    Jon’s Answer

    Usually duplicate benenfits are not permitted. The question is jurisdiction specific and it also depends on the type of workers' comopensation benenfit you are receiving, ie. temporary or permanent. Consult an attorney in your State.

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  • Is my employer still responsible for paying my health care benefits while I am unable to work due to on the job injury

    Is my employer still responsible for paying my health care benefits while I am unable to work due to on the job injury?

    Jon’s Answer

    Yes but this will probably be reolved it litigatiom.

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  • If I was ordered to stay at home due to work injury can my employer deduct vacation time

    i have been out on workmans comp since april 2008 due to a back injury. I have returned to work part time on light duty and i was mandated to stay home today due to the fact that i could not fullfill my full duties at work. I am being made to us...

    Jon’s Answer

    Yes in most jurisdictions.
    In some instances where the employee is capable of performing light-duty work which is not his usual job, the worker may qualify for temporary disability benefits if no suitable work is available. In instances where the injured worker is awaiting surgery and is capable of working a few hours at light duty, the worker is not precluded from receiving an award for temporary disability benefits.

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  • Can I sue for damages from workers comp case

    I got sick at work from something either in the vents or used to clean on 9/10. I broke out in a severe rash all over my body with open sores. After seeing a doctor and dermatologist several times, my family doctor advised me on 1/30/09 not to re...

    Jon’s Answer

    n cases based upon tort liability or the common law of negligence, successful plaintiffs can recover damages for inconvenience and suffering. The law even allows for payments to be made to family members who have experienced emotional distress in connection with injuries which have been sustained by their loved ones. There are several direct costs which arise from accidental injury or death under the tort system. These include wage losses suffered by the victim, cost of medical care and rehabilitation, pain and suffering imposed on the victim and on people closely related to him, and damages to physical property, among others. The Workers' Compensation System provides no benefits for any inconvenience and suffering sustained by the injured worker as a result of his traumatic injury or occupational exposure. Any emotional component to a particular injury or disease must be accompanied by objective psychiatric findings in order to be considered compensable. The Workers' Compensation System has a long history of compensability for mental and nervous disorders. In one case, an employee was genuinely obsessed with the notion that he had cancer of the back despite the lack of evidence regarding this cancer. Since the emotional fear was not present prior to a work-related accident, it was found to be compensable. In another instance, a claimant who had been under tension at work because of her inability to work up to the efficiency rate of the department, and whose hypertensive condition was affected and aggravated by the tension she was experiencing at work was successful in a claim for workers' compensation benefits because it was found that her work effort contributed in a material degree to the onset of a stroke, subsequently suffered by her.

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  • Asbestos problems

    I believe that my husband suffers from asbestos problems. He worked around asbestos for years and now has a lot of problems getting around. The problem is that our doctor tells us that he is not sure this is the case? Can a lawyer help me on this?

    Jon’s Answer

    You and your husband need to consult an attorney who is knowledgeable about asbestos litigation. There are MANY potential avenues for potential recovery (including regular medicl monitoring) and most if not all have specific time limitations for filing claims.
    Asbestos litigation is complex and sometimes involves both law suits (civil and administrative-workers' compensation) and claims (bankrutcy). The process varies for each fact situation, exposure and disease. Sometimes it is consider long term litigation becauise of the delays experienced navigating the benefit system.

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  • Husband's right to compensation

    my husband just had to have his leg amputated below the knee due to a work related accident. What will his compensation be for this injury?

    Jon’s Answer

    Some status have an added dollar value for major member amputations. This is State specific.
    You need to contact a California attorney.

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  • Husband's right to compensation

    my husband just had to have his leg amputated below the knee due to a work related accident. What will his compensation be for this injury?

    Jon’s Answer

    Some status have an added dollar value for major member amputations. This is State specific.
    You need to contact a California attorney.

    See question 
  • If I was injured at work, can I still be qualified for workers compensation>

    I was working for this company and I was injured during a training class that was required through this company. I am four months pregnant and my supervisor is well aware of this. I had to lift someone and drag them from one room to another and I...

    Jon’s Answer

    You need to ascertain specific law for Michigan.
    Look on the www.wilg.org website for a referral.

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  • Workers compensation

    I hurt my shoulder at work 11 months ago have had surgery went back to work on light duty, have recently found out that my shoulder is froze, have taken some days off of work (with a doctors slip) due to pain in my shoulder, now work comp is sayin...

    Jon’s Answer

    NJ Temporary disability benefits continue to be paid until the injured worker either returns to work or his physical well-being has been restored as much as possible. Temporary and permanent disability benefits cannot be paid concurrently. Temporary disability benefits can be paid for a maximum of 400 weeks. However, temporary compensation benefits cease at the earlier of two (2) dates, either when the employee is able to resume work or when the employee is as far restored as the injuries will permit. In some instances where the employee is capable of performing light-duty work which is not his usual job, the worker may qualify for temporary disability benefits if no suitable work is available. In instances where the injured worker is awaiting surgery and is capable of working a few hours at light duty, the worker is not precluded from receiving an award for temporary disability benefits. When an employee is under active medical treatment and has been released for "light duty work," the employer is required to provide "light duty" work for the injured worker or pay temporary disability benefits.

    The employee's ability to perform some light duty is not a basis for denying disability benefits when the employee is trained in a skill which the employee cannot perform because of his or her injuries or when the employer has no light duty.

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