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Samuel Michael Gaylord
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Samuel Gaylord’s Answers

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  • Which state's Workmans Comp would be responsible?

    I was just diagnosed with Carpal Tunnel Syndrome. I work in NJ, and my company is Headquartered in GA. Which state's Workmans Comp would be responsible?

    Samuel’s Answer

    If you live and work in New Jersey you would more than likely be eligible for New Jersey Workers Compensation benefits. You should be aware that in NJ you are eligible to receive medical care paid for by the carrier, if you have to be out of work for more than 7 days you receive what is called temporary disability which is 70% of your gross weekly wage and would be entitled to an award for your injury. NJ workers compensation is an very niche practice so you want to make sure that whomever you retain is certified as a workers compensation law attorney.

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  • Where can I get help with my workman's comp claim and/or disability advocacy so that my rights are prioritized? Personal injury?

    My employer required me to leave work (sick) on 12/16/15 and demanded medical clearance for me to return. At the same time, I had been asking for more support and to decrease my workload. I am director of treatment facility for youth in SNJ. My jo...

    Samuel’s Answer

    As a State of New Jersey employee there are several different benefits you should be aware of. First, based on what you have said you may have a workers compensation case which would require the state to provide medical care, if the doctors felt you could not work and required treatment you should receive temporary disability from workers compensation Risk Management and if there is some measure of permanency you would be entitled to an award for your injury If you employer is telling you that you have run out of FMLA they may be gearing up to move to bring charges saying you cant do the job. If the HR is referencing disability you need to speak with someone who is also familiar with the division of pensions and benefits as you may be eligible for a disability pension. Finally, if you have been out of work for at least 6 months and a doctor is indicating you will be out for at least one year then you may also be eligible to apply for Social Security Disability benefits. You should absolutely consult with an attorney who is fluent with all three systems.

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  • Reopening a workers compensation case ?

    Injury occured in 2012, we settled in 2014. I am still in the two year time frame to reopen. The attorney who handled the case does not want to represent for a reopen. The percentage i received was 23% for $32,000. I am still having a ton of dific...

    Samuel’s Answer

    I would suggest contacting another attorney but I would recommend making sure that the attorneys you reach out for are certified workers compensation attorneys. In addition, remember, in New Jersey your statute of limitations to re-opening a case doesnt start to run until you have received the final payment and then you have two years.

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  • I need help from anyone that can, 2011 hurt, with an ongoing sentiment. Need help

    Workman Comp, offered me a payment, my lawyer at the time said it was good. After the fact, I have gotten worse, also trying to get disability from the state. I'm co confused and in need of help I have 2 bulging disc, a herniated neck, nerve dama...

    Samuel’s Answer

    When injured while in the course of your employment you are entitled to receive three specific benefits. You are entitled to receive medical care, although the comp carrier gets the right to control the treatment, you are entitled to receive temporary disability benefits, 70% of your gross weekly wage, as long as you need treatment and the doctor says you cant work OR the doctor says light duty but the job cant meet that restriction and the final benefit is an award for your injury. From what you are describing, it would appear that you went to court and an Order was entered. If it has NOT been more than 2 years since the last payment has been received then you still maintain the right to re-open your case and receive additional benefits provided to you by the WC carrier. If you have gotten worse and it can be medically proven then you would be able to request additional benefits for your injury. State disability is usually paid if you are injured outside of work OR the WC carrier is denying paying temporary disability benefits because the WC case itself is denied. Mechanically what should be happening is that your attorney should be requesting additional benefits on your behalf from the carrier again presuming NOT more than two years has come and gone. Further, if you have been out of work from more than one year you may also be eligible to apply for Social Security Disability benefits. If you have further questions i would certainly recommend communicating with an attorney who handles workers compensation matters.

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  • Does a workers compensation insurance company have to provide transportation for a permanately disabled worker

    My wife was hurt at work in nj its been 5 years and the case has not been resolved, do to the finacial loss of her becoming permanately disabled, we were forced to move to PA. She has been provided with transportation for the past 2 years now they...

    Samuel’s Answer

    If you have not already retained an attorney i would strongly suggest you do immediately. Workers compensation provides for three main benefits. Medical care, temporary disability and an award for the injury. If she is still treating and/or needs additional treatment and the carrier isnt providing that care then the only one who can Order that is a judge of compensation. Also, if your wife is permanently disabled she should have applied for Social Security Disability and depending on who her employer was she should have applied for a disability pension if one were available. This sounds like a complicated matter and so i would also suggest finding an attorney who specializes in these areas.

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  • Can I work while involved in a workers comp suit?

    I know I should probably just be asking my lawyer this but he's so hard to reach. I got injured on the job about two years ago and haven't received care for the injury in over a year. Is it okay for me to find a new job? Will it hurt my case if I do?

    Samuel’s Answer

    Workers compensation in New Jersey provides three basic benefits. Medical care, temporary disability if you are out of work and receiving treatment, and an award for your injury. The overriding theory of workers compensation is that if you get hurt, you get treated and made well enough to return to work, either at your old job or some new job. I agree that you should speak to your attorney or find one that you trust and that specializes in workers compensation. Your question is not a simple yes or no only because there are other facts which may affect the answer.

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  • 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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