Workers Comp Claims Are Complex In New Jersey

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Employees have the right to seek workers compensation benefits when they are injured on the job. In return for receiving these benefits, injured workers are not permitted to sue their employers.

Obtaining benefits under the workers compensation program involves what can be a lengthy and complicated process. Papers must be filed in a timely fashion and must be filled out properly or a claim can be denied. Most importantly, in order to obtain any payments at all from the program, the worker must have a claim that is recognized as a valid one under the rules and regulations of the program.

Recently a worker was denied benefits from two different New Jersey entities. The worker sought payment from both Seaside Park (represented by attorney Bob Budesa) where he served as Fire Chief, and from the Ocean County Road Department which was his employer.

The cases were consolidated on appeal and the net result was that the worker, who was injured in a car accident while in his Seaside Park Fire Chief vehicle, while on the way to work at an Ocean County Road facility, was not entitled to benefits from either entity. The employee was found not to be working, or on a work-related mission but to be commuting to work when injured and therefore not eligible for benefits from Ocean County Road Department.

In addition, although he was driving an official fire vehicle, he was not engaged in a public fire duty or injured in the line of duty and thus was ineligible for benefits from Seaside Park.

- See more at: http://www.bskb-law.com/2013/02/28/workers-comp-claims-are-complex-in-new-jersey/#sthash.mp4xXwI3.dpuf

Employees have the right to seek workers compensation benefits when they are injured on the job. In return for receiving these benefits, injured workers are not permitted to sue their employers.

Obtaining benefits under the workers compensation program involves what can be a lengthy and complicated process. Papers must be filed in a timely fashion and must be filled out properly or a claim can be denied. Most importantly, in order to obtain any payments at all from the program, the worker must have a claim that is recognized as a valid one under the rules and regulations of the program.

Recently a worker was denied benefits from two different New Jersey entities. The worker sought payment from both Seaside Park (represented by attorney Bob Budesa) where he served as Fire Chief, and from the Ocean County Road Department which was his employer.

The cases were consolidated on appeal and the net result was that the worker, who was injured in a car accident while in his Seaside Park Fire Chief vehicle, while on the way to work at an Ocean County Road facility, was not entitled to benefits from either entity. The employee was found not to be working, or on a work-related mission but to be commuting to work when injured and therefore not eligible for benefits from Ocean County Road Department.

In addition, although he was driving an official fire vehicle, he was not engaged in a public fire duty or injured in the line of duty and thus was ineligible for benefits from Seaside Park.

Topics:  Car Accident, Workplace Injury

Published In: Personal Injury Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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