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Mongello & Scialabba has dedicated a substantial
part of its practice to the needs of individuals injured or disabled
as a result of accidents or injurious conditions arising out of
their employment. Over the years of handling these cases, the firm
has developed an intricate understanding and expertise in proceeding
under the workers compensation laws in the State of New Jersey to
obtain the maximum benefits available to each individual.
Because the workers compensation laws provide
that an injured employee gives up the right to sue his or her employer
for pain and suffering and real economic loss beyond medical expenses
and a percentage of lost wages, it is also important not only to
maximize benefits under the law, but to identify the existence of
a claim against third parties to complete the compensation to which
an injured person may be entitled. The workers compensation department
thus carefully reviews its cases with the Personal Injury Department
of the firm to fully explore the opportunity or feasibility of pursuing
a third party claim in addition to benefits available under the
workers compensation laws.
In addition to pursuing third party claims, the
Workers Compensation Department of Mongello & Scialabba
also coordinates and handles claims for Social Security benefits
and New Jersey State Disability where appropriate.
The Workers' Compensation Practice Group provides a complete range
of legal services to our clients in all aspects of workers' compensation,
including trials, subrogation actions, rehabilitation issues and the
assurance of complete and proper treatment for our clients. Our attorneys
are well-versed in the interplay between workers' compensation claims,
disability retirement requests, wrongful termination actions, the
Family and Medical Leave Act and the Americans with Disabilities Act.
Our case management practice includes the scheduling of quarterly
meetings with the client to review pending cases, evaluate prospective
witnesses and discuss liability and any potential financial exposure.
Mongello & Scialabba has dedicated
a substantial part of its practice to the needs of individuals injured
or disabled as a result of accidents or injurious conditions arising
out of their employment. Over the years of handling these cases,
the firm has developed an intricate understanding and expertise
in proceeding under the workers compensation laws in the State of
New Jersey to obtain the maximum benefits available to each individual.
Because the workers compensation laws provide
that an injured employee gives up the right to sue his or her employer
for pain and suffering and real economic loss beyond medical expenses
and a percentage of lost wages, it is also important not only to
maximize benefits under the law, but to identify the existence of
a claim against third parties to complete the compensation to which
an injured person may be entitled. The workers compensation department
thus carefully reviews its cases with the Personal Injury Department
of the firm to fully explore the opportunity or feasibility of pursuing
a third party claim in addition to benefits available under the
workers compensation laws.
In addition to pursuing third party claims, the
Workers Compensation Department of Mongello & Scialabba
also coordinates and handles claims for Social Security benefits
and New Jersey State Disability where appropriate.
An employee is entitled to receive payment for permanent disabilities
from injuries he received on the job even if the injury was due
to the employee's own negligence. The employee cannot sue his employer
for negligence with very limited exceptions. The worker must file
a claim with the Workers Compensation Court which sets the amount
of the workers compensation.
Dependents (wife and children) of a worker who
has been killed on the job also may have a claim for workers compensation.
The
foregoing is a simplified explanation provided for educational purposes
only.
Each person's situation is different and can be much more complex.
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