Good afternoon. In order to know if you have a medical malpractice case that is worth pursuing, you would need to bring your medical records to a med mal attorney. That attorney may need to submit your records to a medical expert for review before giving you an opinion. If you did not pursue all of your workers' compensation benefits by filing a Claim Petition and receiving a settlment in compensation court, you should seriously consider consulting a workers' compensation attorney....
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Yes.If you have made a claim for compensation for your injuries, you have waived your right to medical privacy. Having said that, if your medical history is sensitive, your attorney can take steps to see if the Court will grant an "in camera" review of your records, and redact (blot out) any sensitive information that is not relevant to the injuries you suffered int his accident. I urge you to talk to your lawyer about this.
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Unless a person is 100% totally and permanently disabled, it is uncommon for a person who is still receiving active medical treatment to be in a position to settle the case. Before the case can settle, the injured worker will first be examined by a medical expert on his own behalf, and by a medical expert on behalf of the insurance company. The NJ law states that these exams should not be performed until 26 weeks have passed from either the date the injurer worker returns to work, or is...
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Dear Magnolia, If your accident is accepted as compensable by your employer and the wc insurance company, you should receive temporary disabilty checks as long as the authorized doctor says you cannot work. If you employer is insured by NJM, this company will send your temp checks to your employer, unless you specifically ask them to mail the checks to your home. If your claim is denied, you should file for state disability benefits, so that you get some money coming in. You will fill...
Good afternoon. If you fell on company property, it is very possible that you have a workers' compensation case. I advise you to report this as a workers' compensation injury/accident to Human Resources as quickly as possible. HR should report it to the workers' compensation ins. co. They will check out the facts, and decide whether they will accept your injury as work-related. If they do, you will receive benefits. It is important to report this injury as work-related within 90 days or...
Dear Bus Driver, Unfortunately, the NJ law of workers' compensation does not allow injured workers to sue for pain and suffering. The law recognizes only your loss of function. When you were in court you testified about your injuries and how they impair your ability to work and go about the activities of your daily life. The Judge approved your settlement award after hearing your testimony. If your condition becomes worse, you should consider filing papers with the court to...
Dear Deland, FL: Without a doubt, you should seek advice from a NJ workers' compensation attorney. The very first quesiton is jurisdiction, which means: where it is proper to file your case? You say you filed a Claim Petiton, which is filed in the Dept. of Labor, Div. of Workers' Compensation. Then, you say that NJ paid you for two months. Unless you are employed by the State of NJ, NJ did not pay you workers' compensation benefits. Did you receive state disability benefits? This is...