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postsify · 9 months ago

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Unveiling the Best Workers Comp Attorneys in New Jersey: The Ultimate Legal Journey for Injured Workers

In New Jersey, the arena of worker's compensation law is both a labyrinth of legal nuances and a beacon of hope for injured employees seeking reparation. From the bustling cities to the serene shorelines, every nook and cranny of the state hosts stories of resilience, diligence, and justice, where the role of a skilled lawyer can often make the critical difference.

Navigating the delicate balance between employer rights and employee welfare, New Jersey's worker's comp landscape is constantly evolving. And in this dynamic environment, finding the right attorney is akin to securing an ally who understands the significance of your pain and the complexity of your case.

Chapter 1: The Anatomy of a Workers Comp Case

Imagine, an unexpected event at your workplace results in an injury – a fractured arm, a spinal injury, or perhaps repetitive stress that wears down the resilience of your body, day after day. What follows isn't just physical healing; it's the tangled web of legal processes that may include medical bills, lost wages, and emotional distress. This chapter breaks down the distinct elements of a worker's comp case, shedding light on the claim process, entitlements, and common hurdles.

Understanding the Claim Initiation Process

The initiation of a worker's comp claim is often the watershed moment in an employee's post-injury life. From reporting the incident to your employer to filling out the intricate claim forms, the initial phase is critical and demands meticulous attention. A seasoned lawyer at your side can not only ensure that your affliction is accurately captured but also circumvent common pitfalls that could jeopardize your claim.

Navigating the Medical Evaluation

In the realms of worker's comp, the medical aspect is paramount. Evaluation reports, diagnosis nuances, and the subsequent treatment plans become pivotal evidence in your claim. How these medical notes are interpreted and utilized within the legal context of your case is where an adept attorney's value exponentially grows. They advocate for fair medical assessments and translate complex jargon to arm you with the understanding you need.

One Step Forward, Two Steps Back: Common Legal Pitfalls

Surveying the legal landscape, it's clear that worker's comp claims are rife with potential pitfalls. Missed deadlines, insufficient documentation, or misinterpretation of the law can lead to claim denials or diminished benefits. This section identifies these treacherous paths and offers insights on how legal counsel can preempt and resolve such adversities for their clients.

Chapter 2: Selecting Your Legal Champion

Selecting the right attorney is more than a mere transaction; it's an investment in your future and a testament to your resolve. This chapter serves as a comprehensive guide on what attributes to seek in a worker's comp attorney, from track record and experience to communication style and client focus.

The Yardstick of Expertise: Areas of Specialization

Worker's comp law is a specialized domain within the broader context of legal practice. For a matter as crucial as your well-being, choosing a lawyer whose expertise aligns with the intricacies of New Jersey's worker's comp statutes is non-negotiable. We explore the importance of specialization and how it can directly impact the outcome of your case.

Assessing the Track Record for Success

Past performance is often indicative of future success. An attorney's track record, comprising of both victories and settlements, offers a preview to potential clients of what they can achieve. This section illuminates the significance of assessing a lawyer's success history and how it can be a pivotal criterion in your selection process.

The Client-Lawyer Dynamic: More than Professionalism

Effective legal representation is as much about law as it is about human connection. This portion sheds light on the intangible qualities of a legal partnership that go beyond paperwork and appearances. A compassionate attorney with a zeal for client care can turn the tumultuous legal odyssey into a more resilient and collaborative expedition.

Chapter 3: Strategies for Claim Maximization

The monetary value of your claim is a reflection of the damages suffered and the impact on your life. This section dives into the tactics employed by top worker's comp attorneys to maximize their clients' claims, ensuring they receive just compensation for their tribulations.

The Art of Evidence Compilation

In the court of law, evidence is king. A comprehensive collection of medical records, eyewitness testimonies, and expert analyses can bolster your claim's credibility and potential for maximum recompense. Discover how astute attorneys orchestrate the evidence-gathering process to present an airtight case on your behalf.

Unveiling the Value of Non-Economic Damages

Injuries often carry intangible repercussions that can be overlooked in quantifying claims. Pain and suffering, loss of enjoyment of life, and psychological distress are non-economic damages that add a layer of complexity to worker's comp cases. Skilled attorneys grasp the significance of these factors and pursue compensation that salves these unseen wounds.

Securing the Best Settlement

Negotiating a settlement is often the climax of a worker's comp case. The process warrants shrewdness, diplomacy, and a strong negotiation stance to ensure the client receives the best settlement offer. Learn from experts on the techniques they employ to secure favorable settlements for their clients, paving the way for a smoother transition into post-litigation life.

Chapter 4: Beyond the Courtrooms: Legal Counsel for Employers

Worker's comp attorneys don't just represent injured employees – they are also the steadfast advisors to employers navigating the complex terrain of worker's comp compliance, claims, and appeals.

The Employer's Legal Responsibilities

Employers have a legal and ethical duty to their employees, especially in the face of injuries. This section delineates the responsibilities of employers in worker's comp matters, emphasizing the role of proactive legal guidance in fulfilling these obligations while safeguarding business interests.

Crafting a Resilient Worker's Comp Defense

When faced with a disputed claim, employers rely on their legal counsel to craft a robust defense. Strategies may include evidential examination, expert testimonies, and adherence to strict legal procedures. We unravel the layers of defense building from a legal standpoint and offer insights on best practices for employers and their attorneys.

The Ripple Effect of Worker's Comp on Businesses

Worker's compensation claims can impact a business's operations, finances, and reputation. Effective legal counsel envisions the broad implications of a claim and formulates strategies that not only mitigate risk but also foster a workplace culture that prioritizes employee health and safety.

Chapter 5: The Future of Worker's Comp Law

The only constant is change – and the legal world is no exception. This chapter peels back the curtain on emerging trends, potential legislative shifts, and technological advancements that are poised to redefine the landscape of workers comp attorney NJ and beyond.

Anticipating Legislative Changes

State legislatures are dynamic arenas, with bills and amendments continuously being floated. From cost containment measures to streamlining claim processes, anticipating and understanding these changes is crucial for attorneys and clients alike. New Jersey residents can familiarize themselves with the currents of worker's comp law and prepare for the impact they might have on their future cases.

The Role of Technology in Legal Practice

In the age of digital transformation, the legal field is witnessing a technological revolution. Tools for case management, evidence organization, and communication are evolving, streamlining operations and enhancing client service. Explore the innovative tech trends that are becoming integral to the armory of modern worker's comp attorneys.

Shaping a More Accessible Legal System

The call for a legal system that is more accessible and navigable is growing louder. Forward-thinking attorneys are championing initiatives to demystify legal jargon, improve client education, and offer more transparent fee structures. By sharing these initiatives, we shed light on how the legal profession is evolving to serve the public more effectively.

Conclusion: The Empowered Client

The conclusion of the legal chapter shouldn't signal the end of empowerment for an injured worker. It is, in fact, just the beginning of a new chapter where the knowledge, experience, and connections gained can be pivotal in shaping a more secure and confident future. We set out not only to demystify the complex world of worker's comp law but also to empower you, the reader, with the tools and insights needed to make informed decisions that lead to a just and equitable resolution of your worker's comp claim.

In this comprehensive exploration, we have uncovered the intricacies of worker's comp law in New Jersey and the indispensable role of attorney selection in forging a successful legal path. We have charted the attributes that define top worker's comp lawyers, elucidated strategies for claim maximization, and even reached beyond the confines of the injured worker to glimpse into the legal counsel for employers.

The legal saga of worker's comp in New Jersey is a tapestry of rights, responsibilities, and restitutions. And at the heart of this narrative are the attorneys who champion causes, uphold justice, and guide their clients from the shadows of injury into the light of recovery. It is their passion, prowess, and purpose that elevate the worker's comp process from mere procedure to a transcendent pursuit of fairness.

Are you ready to narrate your worker's comp story with clarity, conviction, and confidence? The best workers compensation attorney in NJ might just help pen the chapters that lead to a brighter tomorrow.

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lawleonard · 7 months ago

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The Todd J. Leonard Law Firm is extremely proud to help our clients when they need us the most! Founding Partner, Todd Leonard and his team of experienced personal injury attorneys, Paul Paravati, Esq. and Matthew Sheffield, Esq., recently resolved the following personal injury cases:

• $1,500,000 – Car Accident Settlement – Husband/Wife, Surgeries – Morris County

• $825,000 – Car Accident Settlement – Multiple Surgeries – Morris County

• $800,000 – Premises Liability Accident Settlement – Multiple Surgeries

• $525,000 – Workers’ Comp/Third Party Settlement – Surgery – Sussex County

• $340,000 – Workers’ Comp/Third Party Settlement – Surgery – Morris County

• $237,500 – Slip & Fall on Ice Accident Settlement – Surgery – Morris County

𝐆𝐞𝐭 𝐚 𝐅𝐑𝐄𝐄 𝐂𝐚𝐬𝐞 𝐄𝐯𝐚𝐥𝐮𝐚𝐭𝐢𝐨𝐧 𝐟𝐫𝐨𝐦 𝐎𝐮𝐫 𝐓𝐞𝐚𝐦 𝐨𝐟 𝐄𝐱𝐩𝐞𝐫𝐢𝐞𝐧𝐜𝐞𝐝 𝐏𝐞𝐫𝐬𝐨𝐧𝐚𝐥 𝐈𝐧𝐣𝐮𝐫𝐲 𝐋𝐚𝐰𝐲𝐞𝐫𝐬

If you are seriously injured in an accident, or lost a loved one, our team of experienced Personal Injury Lawyers can offer the advice you can trust and need during this uncertain and difficult time. Todd and his team have over 35 years of experience handling all types of serious accidents, including truck and car accidents, motorcycle accidents, slip and fall accidents, pedestrian accidents, Uber accidents, Lyft accidents, wrongful death, and workers' compensation claims. Our firm will fight to make sure your rights are fully protected and you obtain the maximum compensation you deserve.

Todd has been privileged to represent thousands of seriously injured clients and their families throughout New Jersey, and has successfully recovered over $100 Million on their behalf. Please call us now for a FREE, confidential consultation at our Headquarters in Denville, NJ at (973) 920-7900. To read more about our law firm's results, please visit https://www.lawleonard.com/results. 𝐖𝐄 𝐏𝐔𝐓 𝐎𝐔𝐑 𝐂𝐋𝐈𝐄𝐍𝐓𝐒 𝐅𝐈𝐑𝐒𝐓!!

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rankmagic02 · 1 year ago

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NJ Workers Comp Lawyer Victor A. Amada

Description: Workers compensation attorney serving New Jersey clients in Morris, Sussex or Warren County. https://vamadalaw.com/workers-compensation/

#njlawyer #workerscomp #attorney

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lawleonard1 · 3 years ago

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Workers' Compensation at Amazon

https://www.lawleonard.com/amazon-workers-compensation/

Amazon workers' compensation offers benefits to workers who are hurt on the job. These benefits include covering lost wages and medical expenses. 70% of lost earnings would be covered by workers' comp.

Talk to an experienced workers' compensation attorney to find out what your legal rights are. An attorney will help you navigate the process of filing a claim and be your voice to obtain equitable compensation.

Call today to speak with a New Jersey workers' compensation lawyer at the Todd J. Leonard Law Firm Todd J. Leonard Law Firm 3010 NJ-10 Denville, NJ 07834 (973) 920-7900 https://www.lawleonard.com 5 Maple Ave., #2 Morristown, NJ 07960 (973) 842-0935

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personalinjurylawwoodbridge-blog · 5 years ago

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Things to Know About Workers Compensation Law Woodbridge NJ

Anytime you’re hurt on the job in New Jersey whatever the course with three exceptions you’re entitled to some benefits through workers compensation law. These exceptions are self-inflicted injury, intoxication and horseplay or fooling around. Outside of those three, any other type of injury in any way on the job entitles you to the compensation.

Now the compensation can be up to three different benefits:

1. Payments of the 100% of the medical bills necessary to treat your injury. However, your employer or insurance carrier has the right to designate the doctor that you should see. In fact, if you see a different doctor who is not designated, the insurance company does not have to always abide by that doctor’s recommendations and does not have to pay that doctor. So you need to see an authorized medical professional. This is a major component of workers compensation law Woodbridge NJ.

2. The second benefit is the payment of what’s called temporary total disability. It’s a payment for the time that you were out of work following an injury during the course of three months usually, for 2012; it’s limited to $810 a week. And the benefit is 70% of your gross weekly pay and your GWP is the payment you make before any deductions come out of it. Typically, calculating your lost wages is the work of a personal injury law expert that you hire for legal assistance.

3. The third and what I think is the most important benefit is a payment for the permanent effects of the injury. Essentially, when all your treatments end, you’re entitled to file a document called the claim petition with the worker's comp code. That starts your case for permanent aid. Following that, you will be examined by the doctor on your side and the doctor of the insurance company’s side. The report will give an estimated disability.

There may come a time while you’re taking treatment by your doctor and he may decide you are able to return to the work with some restrictions. This may be called ‘Late Duty’ or ‘Sedentary Duty’. The restrictions could be temporary or permanent. Temporary restrictions usually occur while you’re still seeing the doctor and recovering from the injury.

Worker’s compensation becomes reasonable when you’re injured at the employer’s property. You may not be eligible for any benefits if you had been injured while making a side-trip or handling personal chores. For more information on personal injury law Woodbridge, you may consult a qualified personal injury attorney.

#workers compensation law #personal injury law #personal injury attorney

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postsify · 11 months ago

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10 Things You Need to Know Before Hiring a New Jersey Workmans Comp Lawyer

Sustaining an injury in the workplace can be traumatic and can cause you to lose wages. That’s why it’s important to hire a workers’ compensation lawyer if you are injured and need financial compensation. There are countless workers’ comp lawyers in New Jersey claiming they can handle your case, but not all of them are created equal. When selecting a lawyer, you need to make sure you choose someone who has the experience and knowledge to handle your case. In this blog post, we will share with you 10 things you need to know before hiring a workers’ comp lawyer in New Jersey.

1. Experience — Look for a New Jersey workmans comp lawyer who has the necessary experience to handle your case. Ask your potential lawyer if they have handled cases similar to yours, and what the outcome of those cases was.

2. Communication — Communication is key in any client-lawyer relationship. Make sure your lawyer is responsive and keeps you informed about the progress of your case.

3. Specialization — Choose a lawyer who specializes in workers’ comp cases in New Jersey. A lawyer practicing in this area has the necessary skill and knowledge to protect your rights and get you the compensation you rightfully deserve.

4. Contingency Fees —New Jersey workmans comp lawyers work on a contingency fee basis. Make sure you understand what percentage of your compensation your lawyer will take before signing any paperwork.

5. Reputation — Do your research and check the lawyer’s reputation before making a decision. Look for online reviews, testimonials, and case results to ensure your lawyer is reputable.

6. Personality — When meeting with a potential lawyer, pay attention to their personality. Make sure you feel comfortable with them and that you can forge a productive and respectful relationship.

7. Firm Size — The size of your potential law firm matters. A large firm has the advantage of resources and experience, while smaller firms tend to provide a more personal touch.

8. Strategy — Before hiring a workers’ comp lawyer in New Jersey, make sure you discuss their strategy for your case. A good lawyer should have a plan of action to help you get the compensation you deserve.

9. Availability — It’s important to choose a lawyer in New Jersey who is available to meet with you at times that work for you. You should also select a lawyer who can provide you with flexible communication lines, such as digital and phone communications.

10. Trust — Your attorney knows information that is sensitive and important to your case. Therefore trust is crucial in any client-lawyer relationship. Make sure you trust your attorney to handle your case professionally and fairly.

Conclusion:

When it comes to hiring a workmans comp lawyer in New Jersey, there are numerous factors to consider. Choosing the right lawyer with the necessary experience, specialization, communication skills, knowledge, and reputation is crucial to the success of your case. Always choose a lawyer that prioritizes your needs, and can provide a personalized legal representation. Take your time to evaluate and compare different lawyers before making a final decision on who you should work with. With the right lawyer representing you, you can focus on recovering from your injuries while your lawyer fights to protect your rights and get you the compensation you deserve.

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charleslbremer · 6 years ago

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medscheduler · 4 years ago

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Things Employers Should Know About Changing Doctors in a Workers' Compensation Case

The reported 2.8 million non-fatal injuries per year in the U.S. private industry sector is a fact that reinforces the importance of workers’ compensation.

If your employee is receiving medical treatment because of a work-related injury, his/her treating physician would be one of the most important persons he/she will be working with. They are responsible not only for making sure injured workers are getting the proper medical care, they are also authorized to refer their patient to a specialist for further treatment or to seek a workers comp second opinion, and determine their injured worker’s capability (or incapability) to perform work.

A workers’ comp beneficiary must have the full support of his/her treating doctor. It’s the best way to have their workers’ comp claim approved by the insurance company.

Who Chooses the Initial Workers’ Comp Physician?

Under ordinary, non-emergency circumstances, the state’s workers’ compensation rules prevail.

A majority of states give the employer or their insurer the right to choose the medical professional who will provide treatment to the injured employee.

Some states allow the patient to pick his/her own doctor. A few states including Michigan and Pennsylvania, however, allow injured workers to change doctors after a waiting period.

A few other states require an injured worker to choose from a list of company or insurance-approved doctors.

Some states including Washington and New York allow injured workers to select treating physicians only from a list of medical providers who are authorized by the state to treat employees who are injured on the job.

In the states of Florida, North Carolina, Virginia and New Jersey, the insurance company chooses a new doctor for the injured worker.

During emergency cases however, all states are unanimous in giving injured employees the right to seek medical treatment from any physician or hospital.

Is Changing Doctors Possible in Workers’ Compensation?

Injured patients who are not quite convinced with the findings or recommendations of their treating doctor are given an opportunity to change their treating physician depending on the the laws of the state they’re being treated.

To be able to change workers’ comp doctor successfully, the patient must understand their state’s rules about the subject. Failure to comply with the process could result in the insurance company’s refusal to pay the injured worker’s medical bills.

An injured worker may ask to have his/her doctor changed if he/she feels that his/her condition does not improve or he/she is not satisfied with the doctor’s medical treatment and recommendations.

What are the Ways to Change a Workers’ Comp Treating Physician

Loss of trust may be the primary reason why an injured worker wants to change their treating doctor. Whatever is the cause for it, the patient needs to make a decision before an unpleasant relationship begins.

Changing a doctor under workers’ compensation isn’t easy but it’s not at all impossible. Here are some common ways patients can consider:

1. Patient Asks the Treating Doctor to Be Referred to Another Physician

The simplest way for a patient to switch from a current treating doctor to another is ask the doctor that he/she be referred to another physician.

Pursuant to the Workers’ Compensation Act, it is the responsibility of the employer and its insurance carrier to pay for the medical treatment or care of their injured workers as long as it falls within the treating doctor’s referral chain.

This method may look simple but it’s really not that easy. Patients should do it with extreme care to avoid offending the doctor.

2. Patient Asks Treating Doctor for a Referral for a Second Opinion

If the patient is hesitant to ask the treating physician to refer him/her to another, or if the doctor refuses to refer the patient to another doctor, the patient may ask the doctor for a referral for a second opinion instead.

A lot of doctors are willing to let their patients undergo a one-time examination by a competent physician like the independent workers comp second opinion Florida doctors.

A second opinion doctor isn’t responsible for providing an injured worker with medical treatment, but he/she can advice the patient regarding his/her future medical care as well as any work restrictions he/she may need.

A second opinion is beneficial because:

It can restore the patient’s confidence in the treating physician’s abilities especially if the doctor giving the second opinion concurs with the findings and recommendations of the treating physician.

The patient can use a second opinion to ask the treating physician for a referral to another doctor in case the second opinion doctor doesn’t agree with the treating physician.

3. The Patient Has Moved to a New Address

If after filing a worker’s compensation claim and receiving medical treatment the patient moved to a new residence more than 50 miles away from the treating physician’s office, the employer (you) or insurer may agree to change the treating doctor. The patient can make this possible by filing a change of address and change in condition claim asking for a new panel of physicians.

4. A Patient can Change Doctor if He/She is Released from Care

If an injured worker’s treating physician declares in writing that he/she has nothing more to offer and would no longer continue with the treatment - even if the patient continues to manifest symptoms, the employer (you) or its insurer is obliged to offer the patient with a new panel of physicians. If the employer cannot provide a new panel of doctors to the patient, the patient is free to choose his/her treating physician.

Factors to Consider When Looking for a New Workers’ Comp Doctor

A workers’ comp patient wants to change workers’ comp doctor most probably because he/she wants a more effective method of treatment - one that offers good results.

Here are some of the most important factors patients can consider when choosing a replacement for their workers’ comp doctor:

Reputation and experience in handling the type of injury a patient is suffering from

Experience in helping workers’ compensation patients

Willingness to talk to an attorney, respond to questionnaires, and provide narrative reports

Trustworthiness and soundness of medical advice

A good understanding of the legal process in workers’ compensation.

A workers comp second opinion is important for injured workers who want to know more about their treatment and condition. Make it available to your employees to optimize the value of medical services they get. As an employer, the safety, health and well-being of your employees are among your most important concerns. Take good care of these aspects of your business and gain a productive and loyal workforce.

#workers compensation #second opinion

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lawleonard · 4 years ago

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𝐖𝐡𝐚𝐭 𝐀𝐫𝐞 𝐌𝐲 𝐑𝐢𝐠𝐡𝐭𝐬 𝐈𝐟 𝐖𝐨𝐫𝐤𝐞𝐫𝐬’ 𝐂𝐨𝐦𝐩 𝐏𝐥𝐚𝐜𝐞𝐬 𝐌𝐞 𝐎𝐧 𝐋𝐢𝐠𝐡𝐭 𝐃𝐮𝐭𝐲?

When a New Jersey worker gets hurt on the job, after receiving medical care by an authorized doctor, the doctor may approve you to return to work, however, restricted solely to “light duty.”

If you are injured at work, it is very important that your rights are protected. The Todd J. Leonard Law Firm has over 30 years of experience handling workers’ compensation claims. There are strict time limitations to file your workers’ compensation claim and third party lawsuit. Please give us a call today at (973) 920-7900 to request a Free, Confidential Consultation. Speak to an experienced New Jersey Workers’ Compensation attorney, to ensure your rate for temporary disability benefits is correct.

https://www.lawleonard.com/2020/07/21/what-are-my-rights-if-workers-comp-places-me-on-light-duty/

#light duty #workers' compensation #new jersey

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stephenmccull · 4 years ago

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Families Of Health Workers Killed By COVID Fight For Denied Workers’ Comp Benefits

James “Mike” Anderson was a hospital employee in suburban Philadelphia with a low-profile though critical job: changing air filters in COVID patients’ rooms.

By late March, new COVID cases in Bucks County, Pennsylvania, had ramped up to as many as 90 per day. At the hospital, Anderson handled air filters and other surfaces that might have been contaminated with the deadly virus, also known to hang in the air.

In early April, Anderson, 51, came down with what he thought was a cold, according to his family’s lawyer, David Stern. On April 13 Anderson was rushed to the hospital, where he died of acute respiratory distress syndrome from COVID-19, according to the county coroner. He left behind a wife and two children, ages 5 and 9.

James “Mike” Anderson, a maintenance mechanic at St. Mary’s Medical Center outside of Philadelphia, died of COVID-19 complications on April 13.(Courtesy of Stephanie Anderson)

Anderson was exposed to the virus at work, the lawyer contends, making his family eligible for workers’ compensation death benefits paid by his employer’s insurer.

“His family deserves to have that income replaced,” Stern said. “Their husband and father certainly can’t be.”

But in a June 16 response to Stern’s death benefits claim, St. Mary Medical Center denied all allegations.

As the COVID toll climbs, sick workers and families of the dead face another daunting burden: fighting for benefits from workers’ compensation systems that, in some states, are stacked against them.

In interviews with lawyers and families across the nation, KHN found that health care workers ― including nurses’ aides, physician assistants and maintenance workers ― have faced denials or long-shot odds of getting benefits paid. In some cases, those benefits amount to an ambulance bill. In others, they would provide lifetime salary replacement for a spouse.

Legal experts say that in some states COVID-19 falls into a long-standing category of diseases like a cold or the flu — conditions not covered by workers’ compensation — with no plans to change that. Other states force workers to prove they caught the virus at work, rather than from a family member or in the community.

“We are asking people to risk their lives every single day — not just doctors, nurses and first responders, but also nurses’ aides and grocery store clerks,” said Laurie Pohutsky, a Democratic Michigan lawmaker who proposed a bill to help essential workers get coverage more easily. “These people are heroes, but we have to actually back those words up with actions.”

In at least 16 states and Puerto Rico, officials have passed measures to make it easier for workers infected with the coronavirus to qualify for benefits for lost wages, hospital bills or death. Similar bills are pending in other states, but some face opposition from business groups over costs.

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Many of the proposed actions would turn the tables on the status quo, forcing employers to prove workers did not catch the virus at work. Bills vary in the scope of workers they cover. Some protect all who left home to work during stay-at-home orders. Others are limited to first responders and health care workers. Some would cover only workers who get sick during states of emergency, while others would cover a longer period.

An early glimpse of data shows that health care workers and first responders, two groups hit hard by the virus, make up the majority of those seeking benefits. Data from the Centers for Disease Control and Prevention shows that more than 95,000 health care workers have been infected, a figure the agency acknowledges is an undercount. KHN and The Guardian U.S. have identified more than 700 who have died and told the story of 139 of them. For these workers’ families, the stakes of the pending laws are enormous.

In Virginia, attorney Michele Lewane is representing a nurse and a physician assistant who contracted the coronavirus while working at the same urgent care center. The physician assistant, who administered COVID tests, was hospitalized with COVID-19 and pneumonia for about a week. He missed five weeks of work.

When the physician assistant asked the urgent care center for paperwork to file a workers’ compensation claim to cover his hospital bill, an administrator refused to hand it over, saying coronavirus treatment wouldn’t be covered, Lewane said. He was laid off days later and left with a $60,000 hospital bill.

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Lewane said the law in Virginia will likely consider COVID-19 an “ordinary disease of life,” akin to a cold or the flu. She said she’d have to prove by “clear and convincing evidence” that he caught the coronavirus at work.

The bar is so high, she said, that she’s waiting to file a claim in hopes that Virginia joins many other states passing laws that make it easier for health workers to prove their cases.

Craig Davis, president-elect of the Virginia Trial Lawyers Association, said he took on a test case and received a quick denial of workers’ compensation benefits for a COVID-positive physician assistant.

“We think there’s an infinitesimal possibility of prevailing under our laws as currently written,” he said. His group is pushing for a legislative change.

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In Montana, which has largely been spared by the pandemic, workers face even longer odds. A 64-year-old nurse at a small hospital there was hospitalized for eight days with COVID-19 in April, according to her Great Falls lawyer, Thomas Murphy. She remains at home on oxygen, unable to work.

The woman filed a workers’ compensation claim, which could qualify her for up to $800 a week in lost wages plus lifetime coverage of medical bills related to her condition. Instead of agreeing to those benefits, Murphy said, the insurer offered to settle for $17,000, which she declined because it would not cover her medical bills.

Murphy said the employer, which he did not name to protect his client from retaliation, is arguing that she was the first person at the hospital to contract the virus, so she likely didn’t get it at work. However, he noted that two other hospital employees and six patients tested positive within the next two weeks and his client went few places other than work.

In Montana law, the burden of proof lies on the employee to show an illness was work-related.

“We’re going to have to try to piece together all of the sources” that might have infected her — “and prove that it’s more probable than not that she got it at work,” Murphy said. “Women like this woman are going to have a hard road ahead of them.”

The Montana Legislature isn’t set to meet until January, and an executive order appears unlikely.

In New Jersey, attorney Rick Rubenstein is representing the widow of a man who worked as a housekeeper at a nursing home, doing laundry and occasional patient care. Not given protective gear by his employer, the man caught COVID-19 and had a lengthy stay in the intensive care unit before he died.

His wife has the virus now and was faced with a default — no answer in 35 days — after seeking benefits in New Jersey’s workers’ compensation system. They would cover her husband’s $188,000 hospital bill and survivor’s pay of $308 per week.

“She’s isolated, doesn’t know what her own health future holds and doesn’t have an explanation of why this stuff is happening,” Rubenstein said. “It’s terrible.”

A bill proposed in New Jersey would make it easier for essential workers who got COVID-19 during the state of emergency to prove that they got it on the job. The bill was passed by the state Senate and is pending before the General Assembly.

The New Jersey Business & Industry Association has opposed the bill, saying it would push higher workers’ compensation insurance rates onto businesses that are “struggling to survive.”

“Our concerns are primarily that the cost of these claims can overwhelm the system, which was not designed to handle claims during a worldwide pandemic,” NJBIA Chief Government Affairs Officer Chrissy Buteas said in a statement.

While there are no national estimates of how many are filing claims for workers’ compensation ― or getting approvals ― Massachusetts provided KHN with a summary of its coronavirus reports from March, April and May.

During those months, employers filed 3,482 “first reports of injury” regarding a worker with COVID-19 ― 2,915 were for health care workers. Insurers denied benefits to 216 health care workers, according to Massachusetts records.

Florida posted similar data, showing a higher rate of denied claims for health care workers. While 1,740 health care workers sought benefits related to COVID-19, about 30%, or 521 claims, were fully denied. Among the 1,200 who were paid benefits, the amount paid added up to $1.3 million.

The cost of covering 9.6 million first responders and health workers nationally could range from $1 billion to $16 billion, according to the National Council on Compensation Insurance, which provides insurance rate recommendations for 38 states. The bill is paid by employers who buy workers’ compensation insurance, employers that self-insure and taxpayers, who support government agencies.

Those estimates do not include New York or California, where Gov. Gavin Newsom’s executive order broadening coverage through July 5 is projected to add about $1.2 billion to California’s costs.

In many states, business associations consider proposals to expand workers’ compensation too costly and too broad.

A proposed California bill would extend Newsom’s executive order and put the burden on employers to prove that “critical workers,” including those in retail, warehousing and delivery, who got the coronavirus did not get it at work. The bill has critics.

“California employers have been significantly impacted by this crisis and simply cannot be the safety net for this pandemic by providing workers’ compensation benefits for all employees, even when they are not injured at work,” according to a letter of concern signed by the California Chamber of Commerce, California Hospital Association and others.

A federal backstop may become available. Sen. Tammy Duckworth (D-Ill.) and a bipartisan group of lawmakers introduced a bill that would create a federal fund for essential workers, including health care personnel, who get sick or die from the coronavirus. The Pandemic Heroes Compensation Act would be modeled after the September 11th Victim Compensation Fund.

In Pennsylvania, there is no presumption that COVID-19 is acquired on the job.

Stern, the lawyer for Anderson’s family, filed a “fatal claim” in May with the state workers’ compensation board, which passed it on to the employer.

A St. Mary Medical Center spokesperson confirmed in an email that Anderson worked there for 23 years and was a maintenance mechanic. She would not discuss his case. “We are extremely saddened by his death,” she wrote. “We are not able to provide additional information out of respect for his and his family’s privacy.”

Mark Banchi volunteers with hospital chaplains and knew Anderson for over 30 years. He said co-workers are reeling from the death of a man who “was enthusiastic, gregarious, friendly.”

“His loss to the hospital is real,” Banchi said. “Some people lift spirits, some people make you glad you came that day, and Mike was one of those people.”

In addition to working at St. Mary for $22 an hour, Anderson had a cleaning job at a car dealership. Stern said Anderson was unlikely to be exposed to the virus there. If Stern prevails, the family would receive two-thirds of Anderson’s combined pay, capped at $1,081 a week.

Families Of Health Workers Killed By COVID Fight For Denied Workers’ Comp Benefits published first on https://smartdrinkingweb.weebly.com/

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gordonwilliamsweb · 4 years ago

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Adding To COVID Stress, Families Of Health Workers Fight For Denied Workers’ Comp Benefits

James “Mike” Anderson was a hospital employee in suburban Philadelphia with a low-profile though critical job: changing air filters in COVID patients’ rooms.

James “Mike” Anderson, a maintenance mechanic at St. Mary’s Medical Center outside of Philadelphia, died of COVID-19 complications on April 13.(Courtesy of Stephanie Anderson)

Anderson was exposed to the virus at work, the lawyer contends, making his family eligible for workers’ compensation death benefits paid by his employer’s insurer.

“His family deserves to have that income replaced,” Stern said. “Their husband and father certainly can’t be.”

But in a June 16 response to Stern’s death benefits claim, St. Mary Medical Center denied all allegations.

Lost On The Frontline