NJ WORKER’S COMPENSATION AND MEDICARE: WHAT CAN HAPPEN

NJ Worker’s Compensation benefits were created to help those who are injured on the job to have quick access to medical treatment and set aside funds to help those workers who may lose future function permanently. To help speed up the process, employers are allowed to choose what doctors an injured employee will see for treatment. While the system was supposed to streamline problems with providing quick medical treatment, issues often arise, especially when an injured worker sees other doctors outside of the employer’s doctor.

Further complicating these situations is when the injured employee receives Medicare benefits. Of course, injured workers have other medical needs other than those from the injuries that happen at work. When on Medicare, an injured worker will sometimes be treated for both related or non-related medical issues, which is paid for by their Medicare benefits. While the injured worker often does not think twice about who is paying for their treatment, as long as they are able to get it.

When Medicare becomes involved, they must be notified of any worker’s compensation claim made, because Medicare will be entitled to be paid back for paying for treatment deemed to be a result of a workplace injury. If a permanent injury award is given, Medicare can and will hold the injured worker liable to reimburse Medicare for those payments. Further complicating the picture is how Medicare attributes what needs to be paid back. As mentioned earlier, often an injured worker on Medicare is also treating for other ailments. An underfunded and financially strapped program like Medicare will sometimes seek reimbursement for as much treatment as possible, sometimes even reaching into unrelated treatment.

Because of the Medicare issue, it is highly important that you speak with a NJ Workers' Compensation Lawyer with knowledge of the worker’s compensation system such as Simon Law Group and inform them if you receive Medicare benefits or will receive Medicare benefits in the future. An experienced workers' compensation lawyer will know how to ensure that minimal worker’s compensation benefits are used to reimburse Medicare for those treatments.

If you have been injured on the job, contact Simon Law Group and speak with a NJ Workers' Compensation Attorney at 800-709-1131 or complete the form on the left of this page.

WORKERS' COMPENSATION - WOUNDS AND LACERATIONS

Wounds & Lacerations - According to Wikipedia

A wound is a type of injury in which skin is torn, cut, or punctured (an open wound), or where blunt force trauma causes a contusion (a closed wound). In pathology, it specifically refers to a sharp injury which damages the dermis of the skin.

Classification

According to level of contamination a wound can be classified as

§  clean wound , a wound made under sterile conditions where there are no organisms present in the wound and the wound is likely to heal without complications.

§  contaminated wound , where the wound is as a result of accidental injury where there are pathogenic organisms and foreign bodies in the wound.

§  infected wound , where the wound has pathogenic organisms present and multiplying showing clinical signs of infection, where it looks yellow, oozing pus, having pain and redness.

§  colonized wound , where the wound is a chronic one and there are a number of organisms present and very difficult to heal as in a bedsore.

Open

Open wounds can be classified according to the object that caused the wound. The types of open wound are:

§  Incisions or incised wounds, caused by a clean, sharp-edged object such as a knife, razor, or glass splinter.

§  Lacerations, irregular tear-like wounds caused by some blunt trauma. Lacerations and incisions may appear linear (regular) or stellate (irregular). The term laceration is commonly misused in reference to incisions.

§  Abrasions (grazes), superficial wounds in which the topmost layer of the skin (the epidermis) is scraped off. Abrasions are often caused by a sliding fall onto a rough surface.

§  Avulsions, injuries in which a body structure is forcibly detached from its normal point of insertion. A type of amputation where the extremity is pulled off rather than cut off.

§  Puncture wounds, caused by an object puncturing the skin, such as a splinter, nail or needle.

§  Penetration wounds, caused by an object such as a knife entering and coming out from the skin.

§  Gunshot wounds, caused by a bullet or similar projectile driving into or through the body. There may be two wounds, one at the site of entry and one at the site of exit, generally referred to as a "through-and-through."

Closed

Closed wounds have fewer categories, but are just as dangerous as open wounds. The types of closed wounds are:

§  Contusions, more commonly known as bruises, caused by a blunt force trauma that damages tissue under the skin.

§  Hematomas, also called a blood tumor, caused by damage to a blood vessel that in turn causes blood to collect under the skin.

§  Crush injury, caused by a great or extreme amount of force applied over a long period of time.

If you have been injured on the job, contact Simon Law Group and speak with a NJ Workers' Compensation Attorney at 800-709-1131 or complete the form on the left of this page.

 Speak with an Attorney

WORKERS' COMPENSATION - TIMELINE TO REPORT & TYPES OF INJURIES

WORKERS' COMPENSATION - TIMELINE TO REPORT

What are the reporting time line/requirements for Workers’ Compensation?

Under the Workers’ Compensation Statute (34:15-17), unless the employer shall have actual knowledge of the occurrence of the injury, or unless the employee, or someone on his behalf, or some of the dependents, or someone on their behalf, shall give notice thereof to the employer within fourteen (14) days of the occurrence of the injury, then no compensation shall be due until such notice is given or knowledge obtained.

If you have been injured on the job, contact Simon Law Group and speak with a NJ Workers' Compensation Attorney at 800-709-1131 or complete the form on the left of this page.

 WORKERS' COMPENSATION - TYPES OF INJURIES

Spinal Disc Herniation - According to Wikipedia

A Spinal disc herniation (prolapsus disci intervertebralis) is a medical condition affecting the spine in which a tear in the outer, fibrous ring (annulus fibrosus) of an intervertebral disc (discus intervertebralis) allows the soft, central portion (nucleus pulposus) to bulge out beyond the damaged outer rings. Disc herniation is usually due to age related degeneration of the annulus fibrosus, although trauma, lifting injuries, or straining have been implicated. Tears are almost always postero-lateral in nature owing to the presence of the posterior longitudinal ligament in the spinal canal.[1] mediators which may directly cause severe pain, even in the absence of nerve root compression.

Disc herniations are normally a further development of a previously existing disc "protrusion", a condition in which the outermost layers of the annulus fibrosus are still intact, but can bulge when the disc is under pressure. In contrast to a herniation, none of the nucleus pulposus escapes beyond the outer layers. Most minor herniations heal within several weeks. Anti-inflammatory treatments for pain associated with disc herniation, protrusion, bulge, or disc tear are generally effective. Severe herniations may not heal of their own accord and may require surgical intervention.

The condition is widely referred to as a slipped disc, but this term is not medically accurate as the spinal discs are firmly attached between the vertebrae and cannot "slip".

If you have been injured on the job, contact Simon Law Group and speak with a NJ Workers' Compensation Attorney at 800-709-1131 or complete the form on the left of this page.

WORKERS' COMPENSATION - ON THE JOB INJURIES

Have you been Injured on the job? Compensation is owed to you. But you need to claim it.

Have you been injured in a workplace accident? Are you suffering from a repetitive use injury that stems from a former job? The New Jersey workers' compensation laws make it clear that you are owed benefits. But you need to claim them to get them. Any injured worker is entitled to compensation. If your employer does not carry workers' comp (which is a criminal offense), you are still entitled to benefits under the Uninsured Employers' Fund (UEF), established through the New Jersey workers' compensation law.

 Speak with an Attorney

At Simon Law Group with offices throughout New Jersey, our worker compensation lawyers are committed to seeing that employees receive full compensation for workplace injuries.

You should not be hesitant to make a claim for any workplace injury-not because you are afraid your employer will retaliate by firing you, not because your current back strain stems from a former back injury, and not because you feel responsible for an accident. As your attorneys, it is our job to protect you and help you recover compensation.

Contact us at the SIMON LAW GROUP to arrange a free consultation with a workers' compensation lawyer. Find out if your workplace injury qualifies for benefits.

Workplace injuries covered by workers' compensation:

Workers' comp covers any type of employment-related injury. Common claims include those involving the following:

§  Repetitive stress injuries: back strain and lumbar/lower back injuries from lifting, standing, bending, and sitting; carpal tunnel, rotator cuff impingement syndrome

§  Occupational diseases: baker's lung, asbestos exposure, cancer such as mesothelioma from toxic exposure, heart disease, and high blood pressure

§  Injuries resulting from work-related car accidents

§  Construction injuries: electrical injuries, crush injuries, and torn rotator cuff

§  Emergency responder injuries: shooting or assault injuries to police officers and corrections officers, and burn or inhalation injuries to firefighters

§  Catastrophic injuries: traumatic brain injury (TBI) leading to permanent brain injury; back, neck, shoulder, and spinal cord injuries leading to paraplegia, quadriplegia, and other permanent disability; severe burn injuries causing permanent disfigurement

§  Amputation or loss of use of a hand, arm, finger, leg, foot, toe, and eyes or ears

§  Psychological injuries: post traumatic stress syndrome (PTSD), anxiety, and depression

We also handle your claims involving aggravation/exacerbation injuries resulting from work-related injuries that compound a previous work-related injury or other preexisting conditions.

More information on compensation for injured workers

There are valuable benefits available under New Jersey workers' compensation law and as well as other sources. It is important if you were injured on the job that you have an experienced workers' comp lawyer to review your claim and to see that you are recovering maximum compensation. Call us today for more information about your conditions and questions about:

§  Wage replacement/income benefits

§  Medical benefits

§  Full and partial permanent disability

§  Cash settlements

§  Light duty work

§  Social Security Disability

§  A new doctor

§  Third party claims against someone who is not your employer

Contact a worker compensation lawyer for a free consultation 800-709-1131

At the SIMON LAW GROUP, in Hunterdon County, Somerset County, Warren County, Union County, Morris County and Monmouth County, New Jersey, our workers' compensation law attorneys and staff are committed to helping injured workers receive fair compensation for stress injuries, disability, and on-the-job accidents.  If you have suffered a workplace accident, it is important to have a lawyer to review your claim in order to make sure that you are being treated fairly. Please call 800-709-1131 to arrange a free consultation.