Workers’ compensation matters are often complicated, and many claims are denied. Thus, some people who were hurt at work will retain an attorney to assist them with claims processing and the pursuit of the full amount of benefits recoverable. Workers’ compensation lawyers, like most attorneys, typically expect to be compensated, and in many instances, their fees are recoverable from the employer that denied employee benefits. Attorneys’ fees in workers’ compensation cases are subject to statutory limits and must be approved by the courts, as explained in a recent New Jersey opinion in which the court discussed grounds for awarding attorneys’ fees. If you were injured at work, it is wise to confer with a trusted New Jersey workers’ compensation attorney to determine whether you may be able to recover benefits.

The Plaintiff’s Claim

It is alleged that the plaintiff worked at the defendant hospital. She suffered an injury while working, after which she filed a workers’ compensation claim. She was represented by one attorney at a law firm at the beginning of the proceedings, but then he left the firm, and her case was transferred to another attorney within the firm who handled the matter throughout the remainder of her workers’ compensation proceedings. The parties ultimately entered into a settlement agreement that resulted in an award of attorneys’ fees that were divided 60% and 40% between the attorney and the firm, respectively. The firm then appealed.

Awarding Attorneys’ Fees in Workers’ Compensation Matters

On appeal, the court reversed the trial court’s award of fees. The court noted that the workers’ compensation division has the exclusive original jurisdiction over all matters arising out of claims for workers’ compensation benefits. Further, the law provides that it is within the discretion of a judge of compensation to award the prevailing party reasonable attorneys’ fees, as long as they don’t exceed 20% of the judgment. (more…)

While New Jersey, like most states, has its own workers’ compensation act, there are other workers’ compensation acts that may apply to New Jersey employees based upon their professions. For example, maritime employees who suffer injuries while working may be eligible for benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA). In a recently delivered opinion, a New Jersey district court discussed the factors considered in assessing whether an employment relationship exists for purposes of the LHWCA. If you suffered an injury while working in New Jersey, it is advisable to speak to a capable New Jersey workers’ compensation attorney regarding your rights.

The Plaintiff’s Injury and Allegations

It is reported that the plaintiff filed a lawsuit against the defendant employer, asserting negligence claims. The case was transferred to a New Jersey district court. Following discovery, the defendant filed a motion for summary judgment. In support of its motion, the defendant argued that it was statutorily immune from liability due to the fact that it employed the plaintiff and the exclusivity provision of the LHWCA barred employees from pursuing tort claims against their employers. The plaintiff opposed the motion, arguing that the issue of whether he was an employee should be decided by the jury. Ultimately, the court found the evidence supported the defendant’s arguments and granted its motion, dismissing the plaintiff’s claims.

Employment Relationships Under the LHWCA

The LHWCA establishes a workers’ compensation program that provides longshoremen with a variety of benefits. Like other workers’ compensation laws, the rights provided under the LHWCA extinguish an employee’s common law right to pursue tort claims against an employer, limiting an employer’s liability to the payment of no-fault payments. (more…)

It is well-established that employees that suffer work-related injuries can seek workers’ compensation benefits from their employer’s insurers, while people who are not employees are generally precluded from such coverage. In some instances, though, it is not clear whether a party is considered an employee and is owed benefits or is a worker that must pursue damages for a workplace injury via civil litigation. Recently, a New Jersey court discussed the existence of a special employee-employer relationship in an opinion issued in a case in which the defendant argued the plaintiff’s lawsuit was barred by the exclusivity provision of the Workers’ Compensation Act (the Act). If you were injured while working, it is advisable to meet with a seasoned New Jersey workers’ compensation attorney to discuss your potential claims.

The Employee’s Injury

It is alleged that the plaintiff worked in a warehouse owned by the defendant. While working, the plaintiff suffered an injury in a forklift accident. He then filed a lawsuit against the defendant, alleging that the defendant negligently directed him to ride as a passenger on the forklift, which violated OSHA regulations. The defendant filed a motion to dismiss, arguing that it had a special employer-employee relationship with the plaintiff, and therefore the plaintiff’s exclusive remedy was a workers’ compensation claim. The court agreed, dismissing the plaintiff’s claim, and the plaintiff appealed.

Special Employee-Employer Relationships in the Context of Workers’ Compensation

New Jersey courts conduct a five-part test to determine whether a worker is a special employee of an employer for purposes of the Act. Specifically, the court will examine whether: the employer entered into an express or implied contract of hire with the employee; the work done by the employee constitutes the essential work of the employer; the employer has the right to control the details of the employee’s work; the employer pays the employee’s wages; and, the employer has the right to terminate or hire the employee. (more…)

Typically, when an employee suffers an injury in the workplace that entitles the employee to workers’ compensation benefits, it will be due to an accident. In cases in which the harm incurred is not clearly an accident, however, an employer may dispute whether it is compensable. The standards for determining whether harm is both accidental and work-related were discussed in a recent New Jersey ruling in which the employer argued that the employee’s injuries were not covered by the Workers’ Compensation Act because they arose out of a skirmish with another employee. If you suffered harm while working, you may be entitled to benefits and should meet with an experienced New Jersey workers’ compensation attorney as soon as possible to discuss your rights.

The Plaintiff’s Harm

It is reported that the plaintiff entered the locker room where another employee was sitting on a bench. He asked the employee to move his legs so he could pass by, but the employee refused. The plaintiff jumped over the employee’s legs but was unable to clear them entirely. The employee then became angry and threw a cup of soda at the plaintiff, after which the plaintiff left the locker room.

Allegedly, the plaintiff returned to the locker room a few minutes later to wash his hands and again encountered the employee who was holding a pizza box. The employee pushed the box in the plaintiff’s direction, after which the plaintiff swung his arm, accidentally hitting the employee’s hat. The employee then shoved the plaintiff, which caused the plaintiff to fall and injure his shoulder. The plaintiff filed a workers’ compensation claim, but the defendant opposed the claim, arguing that the plaintiff’s injury was not accidental.

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