In any business practice, as in life, the setting of the correct ethical priorities vertically and horizontally is mandatory since it impacts one’s reputation in the business community. Contrary to the opinion of the late comedian and linguist, George Carlin, that “business ethics” is oxymoronic, the fact of the matter is that ethical considerations should be at the forefront of any decision-making process.

The practice of law, in today’s world, is a service business which requires, among other things, keeping our clients fully informed of his or her representation. Arguably, it is the only way to effectively advocate on a client’s behalf, as a client’s input is essential to formulating the appropriate winning strategy.

In New Jersey, when one is admitted to the Bar, s/he decides whether to take the title of either “attorney” or “counselor” at-law. I have always found that when I have sought advice, it would be asking for serious counsel, be it politically, socially or interpersonally, and thus the reason for the choice “counselor-at-law” in my office title.

Since American jurisprudence is based on our predecessor, the English legal system, it is basically and fundamentally a compilation of laws based on the need of the community, qua community, with regard to choosing between right and wrong. Although societal mores may change from time to time and thus require modification of existing laws, based on the philosophical posit of “rationis lex cessat, lex ipsa cessat” (when the meaning of the law changes, so does the law itself), nevertheless, it is this author’s opinion that there are some actions that are in and of themselves essentially wrong. In criminal law as in moral theology, these actions are known as malum in se, in contradistinction from malum prohibitum, which are offenses legislatively proscribed by society.

Unfortunately, for some legal practitioners, as in other licensed disciplines, the Code of Ethics often represents only the boundaries beyond which lawyers are subject to discipline. Yet, for the vast majority, the Code acts simply as a guideline as one’s internal moral compass permeates the decision-making process in either accepting the representation of a client, or rejecting retention by a potential client.

Legal advocacy, in our present day and age, is not only challenging but difficult given the competitiveness of the marketplace which in turn is directly proportional to the economic constraints we presently suffer. We often read about horror stories in the marketplace, where lawyers’ wrongdoings become a media event. However, most lawyers consider their practice to be a profession and actually give back to the community in various, voluntary pro bono representations. As a matter of fact, many of my colleagues and I dedicated four years of our time (together with a coalition of associated non-lawyers), in serving on the District Ethics Committee, which required on a monthly basis, mandatory attendance, examination, research, written reports, presentations and occasionally prosecution of the alleged wrongdoer. In corresponding venues, attorneys freely give of their time in overseeing arbitration disputes.

As a result of a multitude of varied legal interpersonal interactions, I have determined that the best way to represent, advocate or counsel any client or potential client is through the eyes of a preliminary ethical analysis. Believe it or not, not all lawyers are cash machines. Most attorneys take their jobs seriously, and often, when a novel legal issue presents itself which requires hours of research and preparation most lawyers never charge a client for their time, especially in a flat-fee retainer arrangement, despite the fact that by Court Rule, a lawyer may ask the Court for an increased fee based on extraordinary time expended.

As legal representation is contractual by nature, some clients exercise their right to terminate the representation and hire new counsel. Often, attorneys will return all or a portion of the retainer if it is not a contingent fee case so that the client realizes, in a visual way, the level of professionalism which we seek to espouse philosophically.

In summation, whether we as counselors are providing legal advice, or honestly advocating for a client, the golden thread remains: courteous, competent, professional and above all, ethical representation as the paradigm for excellence. Remember, one should never lose sight of integrity in the practice; our reputations should represent both our legal competence and the highest level of ethical conduct.

How will you get by?

New Jersey workers’ compensation law provides income benefits (temporary disability benefits) for injured workers. These benefits that cover a portion of wages lost as a result of workplace injuries. At the Law Office of E. Gregory Cannarozzi, Counsellor at Law, L.L.C. in Oradell, New Jersey, lawyers help employees injured on the job recover the income benefits and medical benefits that they need to get through the difficult period of recovery.

Contact us at the Law Office of E. Gregory M. Cannarozzi, Counsellor at Law, L.L.C. in Oradell, New Jersey to arrange a free consultation with a workers’ compensation lawyer about income benefits.

Workers’ (workman’s) compensation income benefits FAQ:

When will my lost income benefits begin?

You should receive your first wage compensation check within two weeks of the time you file your work injury claim. Some employers will delay filing a claim, hoping to pressure a worker to returning to work before the income benefit begins.

What am I entitled to?

Income benefits entitle an employee to compensation equal to a percentage of the person’s average weekly wage. A benefit is typically 70% of lost wages, but is as high as 80% in some cases, with limitations on the total benefit. It is common for an employer to undervalue the income benefit.

It is extremely important to have an experienced workers’ comp lawyer to review your income benefits worksheet and to see that you are being treated fairly. Contact our Oradell office to arrange for a free consultation.

For how long will I receive my benefit checks?

You are entitled to lost income benefits until you are found to be medically fit to return to work. If you reach maximum medical improvement and are still not able to work, our attorneys will help you apply for permanent disability.

Do I have to accept light duty work?

If you have been injured and your employer tells you to come back to work on “light duty,” it is important to see that the work will not interfere with your recovery, that it does not cause further injury, and that it does not distract you from pursuing full compensation for your injury.

If you were injured on the job in New Jersey, you are entitled to medical and income benefits

It does not matter who was at fault in an accident. You are still entitled to a percentage of your weekly wage. It does not matter if your employer does not carry workers’ comp insurance—the New Jersey Uninsured Employers’ Fund (UEF), established through the New Jersey workers’ compensation law will pay your income benefit.

Contact a workman’s comp lawyer about income benefits.

At the Law Office of E. Gregory Cannarozzi, Counsellor at Law, L.L.C. in Oradell, New Jersey, our workers’ (workman’s) compensation lawyers and staff are committed to providing injured workers with responsive and effective legal services. If you were injured on the job, it is important to have a lawyer to review your claim in order to see that you are being treated fairly. Please call (866) 784-2285 Ext. 101 or E-mail (1800probono@msn.com) our office to arrange a free consultation.

In order to effectively represent an individual, it is necessary to have obtained a competent a level, in the area of medicine involved as well as proficiency in trial technique and strategy. In the course of my representation of individuals, as well as in my capacity as a Dispute Resolution Professional, I have acquired the recognition of the nature of the complexity of an individual’s sustained injuries, as well as the efficient techniques required in the process of direct and cross-examination to maximum result to a client’s claim. In an ever changing world of tort reform, especially related to auto injury claims, it is imperative that an individual obtain maximum legal representation in prosecuting his/her claim against the wrongdoer/tortfeasor. Over the past 25 years I have acquired a toolbox of skills which are required to obtain maximum results

At the Law Office of E. Gregory M. Cannarozzi, Counsellor at Law, L.L.C. in Oradell, New Jersey, attorney Cannarozzi helps injured workers recover all the compensation they deserve, pursuing third party claims in addition to workers’ compensation claims. Contact us to arrange a free consultation.

Contact a New Jersey attorney about your work injury

At the Law Office of E. Gregory M. Cannarozzi, Counsellor at Law, L.L.C. in Oradell, New Jersey, our workers’ compensation staff is committed to providing clients with responsive and effective legal services. If you have been injured in a workplace accident, it is important to have a lawyer review your claim in order to see that you are being treated fairly. Please call 866-784-2285 Ext. 101 or E-mail our office at 1800probono@msn.com to arrange a free consultation.

As a general rule, when a workplace injury aggravates a preexisting injury or condition that prevents an employee from working, the entire disability is considered work related. While a preexisting condition doesn’t have to be job related, the aggravation or exacerbation of the condition must be related in order to entitle workers to receive workers’ comp benefits.

Contact us at the Law Office of E. Gregory M. Cannarozzi, Counsellor at Law, L.L.C. to arrange a free consultation with a workers’ compensation lawyer regarding an aggravated or chronic injury claim.

Normal Daily Activity Conflicts and Reasonable Accommodations

If your preexisting condition is job-related, but an escalation of the injury is the result of normal daily activity, the new injury would not qualify for compensation under workers’ comp. In addition, preexisting conditions made worse by a workplace injury require employers to make reasonable accommodations for disabled workers under federal ADA (Americans with Disabilities Act) laws, so long as they can still perform the duties of the job.

Any injury related to your employment entitles you to income and medical benefits. A serious back injury, an amputated arm or leg, brain damage, asbestosis, or another catastrophic workplace injury that gives rise to partial/total permanent disability entitles the worker to long-term wage and medical benefits.

Contact us at the Law Office of E. Gregory M. Cannarozzi, Counsellor at Law, L.L.C. in Oradell, New Jersey to arrange a free consultation with a workers’ compensation lawyer. Find out if your workplace injury qualifies for benefits.

Qualifying workplace injuries:

• Spinal cord, neck, and back injuries that result in quadriplegia, paraplegia, some other paralysis, loss of function, or chronic pain
• Permanent brain damage resulting from traumatic brain injury (TBI)
• A torn rotator cuff injury, herniated lumbar disc/cervical disc, knee injury, shoulder injury, or other orthopedic or soft tissue injury
• Psychological injuries, including posttraumatic stress disorder (PTSD), depression, and anxiety
• Lung injuries, including asbestosis and baker’s lung
• Heart conditions, including hypertension and heart attacks caused by stress, and pulmonary problems caused by exposure to diesel fumes and carbon monoxide
• Cancer caused by toxic exposure, including lung, stomach, colon, and throat cancer, leukemia; and mesothelioma, including cancers that are diagnosed years after retirement
• Repetitive stress injuries, including carpal tunnel syndrome, back strain, and rotator cuff impingement syndrome
• Any injury that cause permanent partial loss of use of your hand, arm, all fingers, leg, foot, all of toes, eyes, or ears

Preexisting injuries, second injuries

If a preexisting injury has been aggravated by your work, you are entitled to benefits but your claim must be handled very carefully. A construction worker’s knee injury from high school may be reinjured at work and require orthopedic surgery. An office worker with a history of depression may break down under the pressure of the workplace. A manual laborer with a lumbar disc injury may suffer a second back injury at a new job. Preexisting carpal tunnel syndrome may be aggravated by a repetitive stress injury in a new job.

When there is a history of previous injury to the same body part, a settlement for partial/total permanent disability benefits will be reduced by the percentage of the injury that is related to the first accident. If two or more injuries combine to result in total permanent disability, the New Jersey Second Injury Fund pays the portion of the total disability caused in a previous position.

If your employer does not carry workers’ compensation

In New Jersey it is a criminal offense to fail to carry workers’ compensation insurance. If you were injured and your employer is not insured, you can still receive income benefits and medical benefits under the Uninsured Employers’ Fund (UEF) established through New Jersey workers’ compensation law.

Contact a lawyer about a workplace injury claim.

At the Law Office of E. Gregory M. Cannarozzi, Counsellor at Law, L.L.C. in Oradell, New Jersey, our workers’ compensation staff is committed to providing clients with responsive and effective legal services. If you are recovering from a workplace injury such as a repetitive stress injury, injury from a slip and fall accident, back injury, brain injury, or neck injury, it is important to have a lawyer to review your claim in order to see that you are being treated fairly.

Contact us at the Law Office of E. Gregory M. Cannarozzi in Oradell to arrange a free consultation with a workers’ compensation lawyer about partial/full permanent disability benefits.

Calculating a permanent partial / full disability benefit

If you have suffered a loss such as the amputation of your fingers, a hand, or a foot in a manufacturing accident, or if you became deaf or blind as the result of a gas explosion on a construction site, your permanent disability can be clearly described. The amount of your benefit will be calculated using a chart published by the New Jersey Division of Workers’ Compensation. The chart lists body parts (hand, arm, all fingers, leg, foot, toes, eyes, and ears). Ranging from 1-100%, the percentage of loss of the use of the body part and the impact on your ability to do your job will determine the amount of compensation you are eligible to receive.

The benefit for a permanent partial disability or permanent total disability that is not on the chart (an unscheduled loss) is more difficult to calculate. Some of the most devastating workplace injuries fall into this category:

• Neck and back injuries resulting in quadriplegia, paraplegia, or some other paralysis or chronic pain
• Traumatic brain injury (TBI) resulting in permanent brain damage
• A torn rotator cuff injury, herniated lumbar disc/cervical disc, knee injury, shoulder injury, or other orthopedic or soft tissue injury
• Psychological injuries, including posttraumatic stress disorder (PTSD), depression, and anxiety
• Lung injuries and heart conditions

When representing a client with a work-related permanent disability that does not appear on the chart, we will send our client to an independent doctor for an evaluation. Then, using the evaluation of our client’s doctor and the workers’ comp doctor, our attorneys will negotiate with the insurance company to arrive at a fair value for the permanent disability claim. If the insurance company does not agree to a fair value, our lawyer will go to trial to fight for fair compensation. This is an area where you need a lawyer with the proper experience – if the doctor referral or negotiations are not handled correctly, it may permanently damage your right to receive permanent disability benefits.

Contact a lawyer about a permanent disability settlement

At the Law Office of E. Gregory M. Cannarozzi, Counsellor at Law, L.L.C. in Oradell, New Jersey, our workplace accident staff is committed to helping injured workers entitled to compensation receive fair treatment. If you have suffered a permanent partial or total disability in a workplace accident, it is important to have a lawyer to review your claim in order to see that you are being treated fairly. Please call (866)784-2285 Ext. 101 or E-mail our office at 1800probono@msn.com to arrange a free consultation.

Payment of compensation benefits for temporary or permanent disability is controlled by the definition of the term “disability” which is in turn defined by statute.  The term is defined as a permanent impairment caused by a compensable action or a compensable occupational disease, based upon demonstrable objective medical evidence, which restricts the function of the body or of its members or of its organs.  Included in the criteria which shall be considered, shall be whether there has been a lessening to a material degree of an employee’s working ability.

Permanent disability may be awarded when the Petitioner has a medical disability which constitutes 100% disability or when the Petitioner qualifies for total permanent disability by statutory provision.  For instance where there is a loss of both hands, both arms, both feet, both legs, both eyes, or any two thereof as a result of any one (1) accident payment is made pursuant permanent disability statute.

Likewise is the worker has a pre-existing disability upon which a compensable disability is superimposed, and the combination of the pre-existing disability and the superimposed compensable disability causes permanent total disability, the petitioner will be entitled to benefits from the  Second Injury. The amount of the Petitioner’s wage determines the amount of the Petitioner’s compensation rate.  The number of dependents the petitioner has is also a variable used to compute the compensation rate.  For one (1) dependent, 50% of the wage is payable.  The rate increases by 5% for each additional dependent up to a maximum of 70% of the wage for five (5) or more dependents.  Payment to the surviving spouse for a period of 450 weeks and continues thereafter until death or remarriage.

In order to institute a claim, a Claim Petition must be filed with the Division of Worker’s Compensation.  This is now done through E-filing.  Thereafter the employer or its insurance company has 30 days to file an answer.  The respondent is further required to indicate whether the information regarding Employer and/or insurance carrier, supplied by the Petitioner, has been corrected.  The respondent must further indicate whether the Petitioner was in its employ on the dates stated in the Claim Petition and the correct date of the subject accident. Finally, the Respondent must admit or deny whether the injuries sustained occurred out of or in the course of employment and whether it is covered by the Worker’s Compensation Statute.

Benefits payable for temporary disability are payable to the employee during the time that he or she is out of work and in active curative medical treatment. Should the respondent fail or neglect to make payment of temporary disability or furnish the injured employee with medical treatment, the injured employee can proceed by way of Motion, a formal application with the Worker’s Compensation Court to procure it.

For uninsured employers, any accident occurring on or after May 27, 1988, the Uninsured Employer’s Fund controls.  This fund covers reasonable medical expenses and temporary disability, but does not pay death benefits or extra benefits for unlawful employment of minors.

The Division of Worker’s Compensation is required to direct the parties to appear at a conference before a Judge, at which time the parties are required to exchange medical reports, limit issues and execute a Pre-Trial Memorandum.

The insurance carrier’s attorney has the right to demand medical information in cases where treatment was rendered by the Petitioner’s private physician.  Following the exchange of each party’s information, each side must evaluate the case to determine the nature of the medical examinations to be performed as may be appropriate and each side will order examinations to be performed by a doctor.

After completion of all medical examinations, the case is ready for a Pre-Trial Conference.  If the case is one that may be preferably settled by Pre-Trial Conference, the Petitioner’s attorney should have his or her client available in court.  If the parties agree on a quantum of disability to be paid, they can submit the matter to a Judge of Compensation on an Order Approving Settlement.  The Judge of Compensation, after considering sworn testimony of the Petitioner and any other witnesses presented along with the stipulation of the parties and the consent of the Petitioner, may enter the Order Approving Settlement.  This Order includes a finding that the terms of settlement are fair and just and have the same effect as a determination or rule of Judgment.

Over the last 25 years I have been representing individuals in effectuating Worker’s Compensation claims for injuries sustained at the workplace.  In order to navigate through the sometimes daunting waters of worker’s compensation, the experience of a skilled practitioner is required.At the Law Office of E. Gregory M. Cannarozzi, Counsellor at Law, L.L.C. in Oradell, New Jersey, our workers’ compensation staff is committed to providing clients with responsive and effective legal services. If you have been injured in a workplace accident, it is important to have a lawyer review your claim in order to see that you are being treated fairly.

Contact us at the Law Office of E. Gregory M. Cannarozzi, Counsellor at Law, L.L.C. in Oradell, New Jersey to arrange a free consultation with a workers’ compensation lawyer about medical benefits.

Is there a limit on workers’ compensation medical benefits?

There are no limits on the amount of your workers’ compensation medical benefits. Whether you need treatment for a repetitive stress injury such as carpal tunnel syndrome, or you are paralyzed as a result of a construction fall, your employer is required to pay for all necessary medical treatment to bring you to maximum medical improvement.

Can I see my own doctor?

You are required to see the doctor your employer sends you to. You can request a second opinion from a doctor of your choosing, but that is subject to your employer’s approval.

The New Jersey workers’ compensation medical benefit system favors the employer. Since the employer pays the doctor, the doctor is under pressure to send you back to work prematurely, to terminate treatment prematurely, to put you on light duty prematurely, and to discourage aggressive medical treatment. To give an example, your family doctor might recommend knee surgery while your workers’ compensation doctor may pressure you to return to work without that treatment.

If your injury was partly the fault of someone other than your employer, our attorneys will help you file a third party claim for personal injury. If you become eligible for Social Security Disability or private disability insurance, our lawyers will see that all claims are filed with the proper documentation.

If you have been injured, it is extremely important that you have an experienced workers’ compensation lawyer review your case and see that you receive the treatment you need for full recovery. If you were injured under one employer and reinjure yourself on a new job, it is likely you will need a lawyer to get the benefits you deserve.

Free consultation: ask a workers’ compensation lawyer about medical benefits

At the Law Office of E. Gregory M. Cannarozzi, Counsellor at Law, L.L.C. in Oradell, New Jersey, workers’ compensation attorney E. Gregory M. Cannarozzi is committed to seeing that injured workers receive the wage and medical benefits they are entitled to. If you have been injured on the job, it is important to have a lawyer to review your claim in order to see that you are being treated fairly. Please call 866-784-2285 Ext. 101 or E-mail our office at 1800probono@msn.com to arrange a free consultation.

In 1998, the New Jersey Legislature passed the Automobile Insurance Cross Reduction Act (“AICRA”) effective March 22, 1999. Under that Act, three types of insurance were provided: (1) basic insurance policies; (2) standard insurance policies; and (3) special insurance policies for eligible low income individuals.

The basic insurance policy provides only for very limited medical coverage and other PIP benefits such as income continuation, essential services and death benefits are not included.

In the special insurance policy for eligible low income individuals, there is even a more limited medical coverage than the basic policy, but it does allow for a $10,000.00 death benefit.

With respect to the standard policy, the Act provides for all the coverages that were formerly considered to be basic, including $250,000.00 in medical coverage, income continuation benefits, and funeral expenses. Extended options are also available for an extra premium.

Normally, when an individual is injured in an automobile accident, the injured party provides the medical provider with an Assignment of Benefits. This form permits the medical provider to treat the individual to the extent the medical provider deems appropriate and then file a claim, standing in the patient’s shoes so to speak, generally, for unpaid medical expense benefits. Under the New Jersey law, an individual is required to pay the selected policy deductible and 20% co-pay up to $5,000.00 ($1,000.00). Thereafter, the injured party’s insurance company is responsible for payment of medical expense benefits up to a ceiling of $250,000.00, for all medically necessary treatment of “permanent or significant brain injury, spinal cord injury or disfigurement or for medically necessary treatment of other permanent or significant injuries rendered at a trauma center or acute care hospital immediately following the accident and until the patient is stable.”

The New Jersey No-Fault System is a complicated process, which requires each medical provider to jump over many hurtles in order to recover payment for services rendered. In most situations, a medical provider must apply for pre-certification of services to be rendered, with certain exceptions. If the pre-certification request is not granted by the patient’s insurance company, then the medical provider is required to submit additional documentation and/or exhaust an internal appeal process with that patient’s auto insurer claims representative.

After the internal appeal period has transpired, if pre-certification is not granted, the medical provider will normally then retain the services of an attorney, such as this law firm, to file a no-fault arbitration claim, which, pursuant to AICRA, must be instituted with FORTHRIGHT, formerly known as  the National Arbitration Forum (NAF).

There are specific forms and rules promulgated by FORTHRIGHT formerly known as NAF which apply to the filing, processing and execution of No-Fault claims in order to obtain an arbitration hearing. Depending on the severity of the claim, the medical provider will often testify either telephonically or in person at the arbitration hearing as the medical provider must prove the medical necessity, reasonableness, and causal relation to the accident for all medical services performed. The determination of the Dispute Resolution Professional (Arbitrator) is final and binding with limited rights for appeal.

Perfection of claims under the No-Fault Law in New Jersey has evolved into a very complex, time exhaustive, paper intensive process. Accumulating the proper medical documentation, as well as navigating through a morass of strict procedural requirements in ultimate payment of the claim in the No-Fault arbitration forum requires specialized skills and knowledge.

Since most insureds are unaware of either (1) which policy benefits they are entitled to under New Jersey No-Fault Law or (2) how to obtain treatment after their own insurance company denies benefits, it is essential that each injured individual contact an attorney well versed in No-Fault arbitration claims in order to be fully protected.

The undersigned sat as a permanent No-Fault Arbitrator, now known as a Dispute Resolution Professional (“DRP”) from 1999 (when AICRA was first effected) until 2002; at that time the New Jersey no-fault claims forum was administered by the American Arbitration Association. The law firm has handled thousands of no-fault claims on behalf of both insureds and their medical providers in all areas of medicine. When any questions arise with respect to what benefits are available, the nature of a claim, and how it is prosecuted, it is extremely important to contact this law firm for advice so that your rights may be fully protected.