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Samuel Michael Gaylord
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Samuel Gaylord’s Answers

48 total


  • I was hurt on the job, went to the physician immediately, DO I suppose to get paid while at the physician office?

    My employer clocked me out while I was being seen at the physician due to an incident that occurred while at work.

    Samuel’s Answer

    In New Jersey when you get injured you are entitled to receive three basic benefits. You are entitled to receive medical treatment which is paid for by the workers compensation carrier. The second benefit is temporary disability which you receive if the doctor takes you out of work and recommends treatment. You would also receive this benefit if the doctor places you on light duty but the employer cant accommodate the restrictions. In that case, you will also receive temporary disability payments which represent 70% of your gross weekly wage. As an example, if you make 500 per week workers compensation pays 350 per week tax free. Finally, if you have sustained an injury as a result of the work accident then you may also be entitled to the final benefit which is an award for that injury. If your job clocked you out for the day and you came back the next day to work then whether you get paid is up to your job and would not be paid to you by the workers compensation carrier. If you have any additional questions i would suggest you communicate with a certified workers compensation law attorney. WC in NJ is a specialized niche practice and like you wouldnt want you general doctor doing heart surgery you wouldnt want you real estate attorney trying to handle a workers compensation case.

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  • When applying for workers compensation the applicant indicated they have no child support orders,

    when in fact they owe $144,954.00 isn't this considered perjury and what are the penalties for that?

    Samuel’s Answer

    Workers compensation and child support are tied together in their computer systems. Therefore, if someone gets hurt and pursues a workers compensation case and is entitled to an award a Judge of Compensation will check to see if child support is owed and if so that gets paid first. The injured worker would only receive 2,000.00.

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  • If i sue my job for a work related injury, is that putting my job in jeopardy?

    I broke my ankle carrying my ladder back to my truck and had to have a plate and 6 screws

    Samuel’s Answer

    To be clear, when you pursue a workers compensation matter you are not suing your employer. In fact, N.J.S.A. 34:15-8 is the section of the workers compensation act that talks about exclusive jurisdiction and how an injured worker cant sue their employer. Many smaller companies, however, don't understand this and simply think that because you have filed a claim that your are in fact "suing them." Having been injured while working you have a workers compensation claim which automatically entitles you to receive three important benefits. You are entitled to receive medical care, temporary disability benefits (70% of your gross weekly wage) as long as the doctor has you out of work and receiving medical care, and an award for your injury. More importantly, you are entitled to future medical coverage even after the matter resolves if the ankle were to get worse which is the most important reason for pursuing a WC claim.
    From your question, the mechanics of how you injured yourself is unclear, but if you injured yourself as a result of a hole which you didnt see on a private persons property you may also have what is known as a third party (or personal injury) lawsuit as well. I would certainly recommend you consult with an attorney but make sure you speak to one that is certified as a workers compensation attorney. This is because WC in New Jersey is a very specific niche practice and you want to make sure you are best represented in this arena.

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  • Should my boyfriend seek a lawyer about an issue that occurred at work?

    He works for a major corporate retailer as a back room supervisor. He was injured on the job and requested medical attention. A pallet jack with 3800lbs was pushed over his foot. This occurred at 5pm. At 7pm, I went to his job and another supervis...

    Samuel’s Answer

    He should seek legal counsel. He is entitled to three basic benefits. He is entitled to medical treatment, however the carrier gets to chose the doctor, if he is out of work for more then 7 days he receives workers compensation which is 70% of his gross weekly wage and if there is some measure of injury he is entitled to receive an award for his injury. He is also afforded future medical protection if the condition were to get worse even after the case were to settle.

    As for the supervisor being in with the doctor, there is no requirement and in point of fact he can request the employer not be in the room. Also, its not clear from your question, but if the person who was driving the pallet jack works for a different company he may also have what is known as a third party (or personal injury) lawsuit against that entity if it can be shown that they were negligent and worked for a different company.

    i would recommend finding an attorney to answer any other questions but to make sure whomever he retains that they special in workers compensation. In New Jersey, this is a very niche area of the law and someone who is not familiar with the inner workings of workers compensation may run into trouble. Good Luck.

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  • Workers compensation for a two-level fusion.

    I got hurt at work on November 2014. I had a two level fusion done in April 2015 after going through every step possible before surgery. I just want to know why I would need a lawyer, what a layer would do for me, and some other advice.

    Samuel’s Answer

    As you have been injured at work you are automatically entitled to three main benefits. You are entitled to medical care which is paid for by the insurance carrier. If you were to receive a bill in the mail from authorized treatment you would give that to your lawyer and they would make sure the bill gets paid. Workers compensation provides automatic medical coverage at no expense to you. Second i presume you are out of work. If this is the case and if you work for a private company then the carrier will be paying you 70% of your gross weekly wage. An attorney would be able to confirm that you are being paid at the correct rate. You will receive this benefit until such time as the doctor indicates that you are released to return to work. The doctor can say light duty but if your job indicates there is no light duty then you would still receive your temporary disability benefit. An attorney would be able to make sure you receive the appropriate benefits. If you work for a public entity your benefits may be different due to specific Union Rules or collective bargaining agreements they may have with your job. The final benefit you are entitled to receive is an award for your injury. This is labeled as permanent partial disability. This would entitle you to receive money and more importantly future medical care. This final benefit and the future medical protection is the TRUE benefit to the workers compensation system and the real reason you want to acquire an attorney.
    Other advice - If you have been out of work since November i would also recommend you start the application process for Social Security benefits. SSD indicates that as long as you are out of work for at least one year you are eligible to receive benefits on top of WC benefits. If you are able to return to work then you would be entitled to what is called a closed period of benefits again on top of what WC would have paid you. Also, if you are employed by a public entity or are a policeman, fireman or teacher you may also be eligible for pension benefits if you can not return to your former employment. I would also advise that an attorney handling a workers compensation matter or SSD matter will not receive any fee unless you get paid and therefore there is no cost to consulting with and retaining an attorney. However, i would caution that if you do you find one that specializes in these areas. You wouldn't go to your primary care doctor if you needed cardiac surgery. Same goes with what you find yourself involved with here. These are complicated legal issues that interact with one another and you want to make sure whomever you retain has experience in dealing with all of these areas.

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  • I fell from the roof of a 2 story house. I work with a gutter cleaning company. I was not given a harness or any other equipment

    I sustained a broken arm/wrist and had surgery with metal rods. I am in the hospital waiting for cats can MRI as well

    Samuel’s Answer

    As a result of your injury occurring while working you are entitled to receive workers compensation benefits. This means you are entitled to receive medical care paid for in full by the Workers Compensation insurance carrier. In addition, you are out of work and should receive 70% of your gross weekly wage tax free as long as the doctors say you cant work and need treatment. Finally you are entitled to receive an award for your injury through workers compensation. The most important thing and the reason to consult an attorney who specializes in workers compensation cases is that when your matter resolves you also are provided future benefits. This means that even after your case settles if your condition were to get worse you would have the right to re-open your matter and the insurance carrier would have to provide to you future medical treatment if the condition got worse and if there were no other reason why the condition got worse. It is this protection that you need to make sure you assert for yourself. Also, to be clear you can not sue you job. There may be other third parties who might be responsible and allow for the pursuit of a negligence lawsuit but there is no doubt you have a workers compensation case. A WC specialist will not charge for a consultation or the work that we perform. The fee is paid at the end and is 20% of the recovery with a portion of that being paid for by the workers compensation carrier.

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  • I hurt my knee at work,had surgery and p/t. After dr recommends knee replacement, company stops paying me and treatment

    my lawyer filed motion with court. work is saying that the arthritis i have now been diagnosed with is problem. never had arthritis before, my dr (which was dr work referred me to) says injury aggravated the arthritis. this is NJ. will workers...

    Samuel’s Answer

    A New Jersey work accident provides an injured worker three basic benefits. Medical care, temporary disability (which is 70% of your gross weekly wage) and an award for your injury. In order to get benefits one has to show that the work injury arose out of and in the course of your employment. Meaning, you were where you were supposed to be doing what you were supposed to do and the injury occurred due to something that was related to the employment. The issue that your attorney is confronting is of medical causation. It doesnt matter in New Jersey (for purposes of getting medical care) if you had a prior problem IF you can show that the work accident "aggravated, accelerated, or exacerbated the pre-existing problem." That language is right in the New Jersey workers compensation statute. So, being diagnosed with arthritis is irrelevant if the doctors opine that the work accident made it worse. IF that is the case then the comp carrier will have to provide medical care. Hopefully this is helpful.

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  • Can you work while collecting worker's comp in nj?

    I've been hurt on the job three times at the same job, one of the times I was told it wasn't a workers comp claim, even though I got hurt on the job. I'm no longer receiving worker's comp, but I'm in consistent pain with both knees.

    Samuel’s Answer

    The short answer to this question is NO. You can not work and collect workers compensation temporary disability benefits at the same time. You can work and have a workers compensation case and can be working and collect an award for the injury. From what you describe, you should be consulting a certified workers compensation law attorney. There are other benefits you may be entitled to as well depending on who your employer is and whether you can return to work at all.

    If you would like additional information please do not hesitate to contact us.

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  • I had open heart surgery. I was on temp. disability. It is now running out.

    I was told I can return to work, but light duty only. My company does not offer any light duty work. Can I collect unemployment till I find a new job?

    Samuel’s Answer

    If your company does not offer light duty then the workers compensation carrier will continue to pay you temporary disability benefits until such time as you are able to return to full duty. In addition, you should absolutely consult with a certified workers compensation attorney because you are also eligible for additional benefits by way of an award and if you have dependents (wife, children under 18) and god forbid something happened to you as a result of your injury they may be able to pursue dependency benefits through workers compensation. Further, if you have been out of work for a year you may also be entitled to apply for and receive social security disability benefits.

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  • Can workmans comp garnish your workmans comp check

    My husband was hit by a drunk driver while working on parkway. The driver has no insurance. my husband is receiving money from our car insurance. Workmans comp is getting 1/3 towards the lien they have on my husband. Now they are taking 2/3 of hi...

    Samuel’s Answer

    When there is a personal injury claim which comes from a work accident the law simply is saying that you cant double recover from two places for the same injury. From the way in which you worded your question, i would presume your husband is still receiving what would be called temporary disability or workers compensation benefits from the workers compensation carrier and to answer your question the carrier is entitled to be reimbursed and so the checks would be reduced 2/3. However, your husband may be entitled to receive an award through workers compensation, and if he were working on the parkway he may also be entitled to a disability pension and if he has been out of work for at least 6 months and looks like he will not return to work within one year he is also eligible to apply for Social security Disability benefits. I would strongly suggest consulting with an attorney who specializes in workers compensation and the other disability programs to get additional answers.

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