Category Archives: Workers Compensation

The Statute of Limitations in New Jersey Medical Provider Claims

The Division Of Workers’ Compensation’s jurisdiction includes medical fee disputes arising from New Jersey workers’ compensation claims.N.J.S.A. 34:15-15 states:
“Exclusive jurisdiction for any disputed medical charge arising from any claim for compensation for a work-related injury or illness shall be vested in the division.”
As evidenced by its situation inside of the New Jersey Workers’ Compensation section of the New Jersey Labor Statute, this provision is meant to apply to all New Jersey Workers’ Compensation claims.

Prior to the November 19, 2012 amendment to the New Jersey Workers Compensation Act (N.J.S.A. 34:15-15), the statue of limitations for fee disputes was set by N.J.S.A. 2A:14-1 as per Medical Diagnostic Assocs. v. Hawryluk, 317 N.J. Super. 338, 349 (App. Div. 1998), cert. denied, 160 N.J. 89 (1999). Under N.J.S.A. 2A:14-1, recovery upon a contractual claim or liability, express or implied, not under seal, or upon an account other than one which concerns the trade or merchandise between merchant and merchant, their factors, agents and servants, shall be commenced within 6 years next after the cause of any such action shall have accrued.” Continue reading The Statute of Limitations in New Jersey Medical Provider Claims

Defenses to New York Workers’ Compensation Claims

Workers’ Compensation benefits are analogous to no fault benefits because the employee will be entitled to benefits regardless of whether the employee was negligent in causing the injury or death. By the same token, an employer’s negligence is not considered. Comparative negligence, contributory negligence, or the act of God doctrines are not applicable in determining entitlement to workers’ compensation benefits in New York. Pierce v. Young, 252 N.Y. 520 (1929).

There are some exclusions from compensation. Keep these possible defenses handy when analyzing claims. Continue reading Defenses to New York Workers’ Compensation Claims

Video: The Defense of Non-Employment in New Jersey

Attorneys Karen Vincent and Chris Diaz of the Lois Law Firm present a webinar on the defense of “lack of employment” in New Jersey workers’ compensation claims.

Subject: New Jersey, Workers’ Compensation Law, Second Injury Fund
Date Presented: April 23, 2018
Presenter: Greg Lois and Karen Vincent
Run time: 21:42 Continue reading Video: The Defense of Non-Employment in New Jersey

Explainer: Who is NOT Covered by New York’s Workers’ Compensation Law?

Almost all workers in New York are covered by the Workers’ Compensation Law. of course, for every broad generalization like that one, there are exceptions. What are the exceptions to coverage requirements under New York’s law? Generally, see § 3 of the Workers’ Compensation Law. Here’s a non-exclusive list of some of the most commonly-excepted employments in New York: Continue reading Explainer: Who is NOT Covered by New York’s Workers’ Compensation Law?

Video: The Second Injury Fund in New Jersey

Attorneys Karen Vincent and Greg Lois of the Lois Law Firm explain how New Jersey’s Second Injury Fund works, when relief can be obtained from the Fund, and strategies for maximizing the contribution of the Second Injury Fund. The presentation includes a practical step-by-step illustration of the impact of Fund contribution in a total disability case with pre-existing conditions.

Subject: New Jersey, Workers’ Compensation Law, Second Injury Fund
Date Presented: March 26, 2018
Presenter: Greg Lois and Karen Vincent
Run time: 23:08 Continue reading Video: The Second Injury Fund in New Jersey