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Topics Related to Workers Compensation Law

New Jersey Workers Compensation:
Workers' compensation is insurance that an employer is required by law to carry in case an employee is injured on the job.  In New Jersey if an employee is injured on the job his employer is required to provide him with curative medical care which includes medical, surgical and hospital services, dental services, crutches, hearing aids, physical therapy, nursing care and prescribed medications. If an injured employee is unable to work for more than seven days he is entitled to pay for his entire time out of work.  At the end of his case, the employee may be entitled to a payment for his permanent disability.

Orthopedic Injuries:
Orthopedic injuries can include injuries involving the spine, bones, joints, muscles, nerves and other parts of the skeletal system. The most common orthopedic injuries are bone fractures, herniated discs and sprains/strains.  These injuries can be the result of a specific accident, such as a car accident or a slip and fall.  However they can also be the result of a repetitive motion injury.  For this type of injury there is no singular accident.  The constant stress of repeatedly performing work duties causes the employee to suffer an injury.  By example, a person whose job requires him to constantly bend and lift may develop a bad back or a person whose job requires constant typing may develop carpal tunnel syndrome.

Pulmonary Injuries:
Pulmonary injuries can include chronic obstructive pulmonary disease, mesothelioma or lung cancer.  Usually, but not always, these injuries occur as a result of exposure to noxious elements over an extended period of time.  By example, a construction worker may have been exposed to dust and fumes over the course of his employment.  The accumulated effect of these exposures resulted in the disabling pulmonary condition.

New Jersey Cardiac Injuries:
Cardiac injuries include heart attacks and angina.  If the employee’s work effort caused him to sustain a cardiac condition, that condition is compensable under the New Jersey Workers Compensation Code.  These injuries can either be the result of a specific event or an ongoing occupational exposure.

Psychiatric Injuries:
Certain psychiatric injuries are also compensable under New Jersey Workers Compensation Law.  To be successful, the work exposure must be objectively stressful; the stress must be peculiar to the work place; and the work stress must have been the material reason for the psychiatric disability.  If the employee can meet these three criteria, his psychiatric claim will have the same validity as any other type of injury.

Dependency Benefits:
In New Jersey, when an employee dies as a result of a work related accident or condition, his dependents may be entitled to Dependency/Death Benefits.  Qualified Dependents may include spouses, children, parents and siblings.  Exactly who will qualify as a Dependent depends upon a number of factors.  In the case of a surviving spouse, there is essentially an entitlement to benefits until death or remarriage.  In the case of surviving, minor children, there is an entitlement to benefits until the age of 18, or 23 id the child is enrolled in school as a full-time student.

If you or someone you know needs the assistance of an experienced Morristown New Jersey Workers Compensation Lawyer, call Manfred F. Ricciardelli, Jr. today at 866-273-1281, or complete the contact form provided on this site to schedule your free consultation.

Have you or someone you know been injured at work? If so, Morristown New Jersey workers compensation attorney Manfred F. Ricciardelli, Jr. Call 866-273-1281

What are the types of injuries recognized by the New Jersey Workers Compensation Statue?

The New Jersey Workers Compensation Statute recognizes two main types of job related injuries. They are as follows:

• Specific Accident Claims - These are regular, everyday accidents. They include, but are not limited to, falling down, motor vehicle accidents, accidents involving machinery, fights with fellow workers, and lifting injuries. Please note, an injury is still covered under Workers Comp even if the worker caused his own accident. The only issue is whether the worker was injured while performing his job.
• Occupational Disability Claims - The repetitive stress and strain of a job can cause a work related injury. Common examples are jobs where a worker has to lift heavy objects constantly, causing back injury. A job that requires constant typing can cause carpal tunnel syndrome. Exposure to asbestos can cause asbestosis, mesothelioma or other lung disease. These types of injuries are called Occupational Disability Injuries. A worker who suffers from these Occupational Disease Injuries is also entitled to receive Workers Comp benefits.
  

What types of benefits is an injured worker in New Jersey entitled to?
An injured worker is entitled to three main areas of Workers Comp benefits. They are as follows:

• Medical Benefits - An injured worker is entitled to medical treatment aimed at curing his work related injury. Since the employer has to pay for this medical treatment, they also get the right to select the injured workers' doctors. However, if the employer refuses to provide appropriate medical treatment, or authorizes doctors that are not qualified to provide that care, the injured worker has the right to file a Motion with the Court seeking a Court Order requiring the employer to provide the correct medical treatment.
• Temporary Disability Benefits - An injured worker is entitled to payment for his time out of work as a result of his work related injury. The injured worker is entitled to 70% of his gross weekly wage, including overtime and tips, subject to a maximum and minimum amount designated for the year of the accident. If the employer refuses to provide appropriate Temporary Disability Benefits, the injured worker has the right to file a Motion with the Court seeking a Court Order compelling these benefits.
• Permanent Disability Benefits - An injured worker has the right to seek a money award for permanent disability. An injured worker need not be totally disabled to obtain this money award. In the overwhelming majority of lawsuits workers who file workers comp claims have returned to the same job they had before their accident.  The injured worker only needs to show that his physical ability has lessened as a result of the job related injury.

Once a case settles can it ever be reopened?
In most instances an injured worker can reopen his Workers Comp claim, even after receiving a money settlement. To reopen the claim an injured worker must show that he requires additional medical care or that his permanent disability has increased to a material degree. If successful, the injured worker may once again be able to receive all three types of Work Comp benefits. It is important to remember that injured workers must reopen their Workers Comp lawsuit within two years of their last Workers Comp payment. If more than two years passes from this date the Workers Comp case will be closed forever.

How does Mr. Ricciardelli get paid?
As with all cases handled by my Firm, there is a free initial consultation. I never ask an injured worker to lay out any money for handling a Workers Comp claim. My legal fee is set by the Judge of Compensation and cannot exceed 20% of the overall Workers Comp award.  In most instances the employer pays for more than half of my attorney fee. This means that generally the injured worker only contributes approximately 8% of his overall Workers Comp award toward the attorney fee. "No win, no fee". If I am not successful in obtaining Workers Comp benefits for you, I do not get paid.

If you or someone you know needs the assistance of an experienced Morristown New Jersey workers compensation lawyer, call Manfred F. Ricciardelli, Jr. today at 866-273-1281, or complete the contact form provided on this site to schedule your free consultation.

ADDRESS OF THE FIRM:
Manfred F. Ricciardelli Jr., LLC
3 Prospect Street
Morristown, NJ 07960
Telephone: 866-273-1281
Fax: 973-285-0550

MEMBERS OF THE FIRM:

Manfred F. Ricciardelli, Jr.

EDUCATION:

• Rutgers, The State University of New Jersey School of Law - Newark, Newark, New Jersey, 1991, J.D.; Honors: Rutgers Urban Legal Clinic
• University of Scranton, 1988, B.A.; Honors: Dean's List, Special Jesuit Liberal Arts Honors Program Graduate; Majors: Philosophy, Communications

BAR ADMISSIONS:

• New Jersey, 1992
• U.S. District Court District of New Jersey, 1992

HONORS AND AWARDS:

• Recipient, Scranton President's Scholarship
• Recipient, USF&G Foundation Scholarship
• SJLA Honors Program

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS:

• New Jersey State Bar Association
• Workers' Compensation Bar Association
• Morris County Bar Association
• Criminal Law Bar Association
• Founding Member of the New Jersey Workers' Compensation Inn of Court – rose to level of Master in the Inn
• Volunteer Firefighter with the Morris Township Fire Department and Chairman of the Board of Trustees for the Fairchild Fire Company

PAST EMPLOYMENT POSITIONS:

• Marshall, Dennehey, Warner Coleman & Goggin, Shareholder, 1995 - 2001
• Madison Municipal Court, Public Defender, 1994 - 1996
• Public Defender's Office, Appellate Section, Pool Attorney, 1995
• Staehle & DeSanto, Associate Attorney, 1993 - 1995
• Tulipan & Conk, Associate Attorney, 1992 - 1993