A Capehart Scatchard Blog

Workers’ Comp

Full Salary Provisions Under New Jersey Workers’ Compensation

By on September 14, 2018 in Workers' Comp with 0 Comments

Employees who are out of work due to work injuries or illnesses are eligible for temporary disability benefits at a rate of 70% of wages subject to an annual maximum.  In 2018 that maximum is $903 per week.  That means that the employee who earns $2,000 per week or even $20,000 per week is limited […]

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The Two Minimum Rates in New Jersey Workers’ Compensation

By on September 7, 2018 in Workers' Comp with 0 Comments

Everyone knows that New Jersey has a minimum rate for temporary disability benefits, but it is not as widely understood that New Jersey also has a minimum rate for permanency.  In 2018 the minimum rate for temporary disability benefits is $241 per week.  But the minimum rate for permanency remains $35 per week, as it […]

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Legislative Changes to New Jersey Workers’ Compensation

By on August 31, 2018 in Workers' Comp with 0 Comments

On August 24, 2018, Governor Murphy signed a bill that for all practical purposes ends the right of employers to make bona fide offers of permanent partial disability free of counsel fees.  The statute that enabled employers to make bona fide offers within 26 weeks of maximal medical improvement, or return to work, whichever is […]

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Liability Carrier’s Exclusion of Coverage for Workers’ Compensation Injuries Applies to Section 79 General Contractor Determinations of Employment

By on August 9, 2018 in Workers' Comp with 0 Comments

New Jersey has a sensible provision that protects employees of subcontractors who are injured on construction jobs.  If an employee of a subcontractor is injured on a job, and the subcontractor has no workers’ compensation insurance, the injured employee becomes covered by the general contractor’s workers’ compensation policy.  But what if the injured employee instead […]

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The Importance of Subsequent Treatment Notes and Records in Workers’ Comp

By on March 2, 2018 in Workers' Comp with 0 Comments
The Importance of Subsequent Treatment Notes and Records in Workers’ Comp

I have written many times about the fact that success for employers in workers’ compensation most often comes down to past medical history and causation analysis.  This is particularly true in a state like New Jersey where there is virtually no formal discovery allowed.  Employers need to know in a back claim, for example, whether […]

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