Selikoff & Cohen, P.A.Labor Law Attorney Mt. Laurel | Selikoff & Cohen, P.A.2026-03-18T10:11:39Zhttps://www.selikoffcohen.com/feed/atom/WordPressOn Behalf of Selikoff & Cohen, P.A.<![CDATA[Common mistakes while filing for workers’ compensation]]>https://www.selikoffcohen.com/?p=463822021-08-02T06:13:23Z2020-07-06T15:06:05ZWorkers’ compensation is a benefit that is meant to help employees recover from workplace injuries. While it may sound like a right that all employees have, it is possible to accidentally reduce the value of the compensation, or lose it entirely.
A medically consulted workplace injury averages to be more than $40,000. Without workers’ compensation, a victim of a workplace injury may need to pay for the total cost of their recovery from their own pocket. Some of the following mistakes can cause you to pay more than you need to for your injury:
Failing to report the injury
An employee who suffered a workplace injury should report the accident as soon as possible. An employer cannot begin their responsibilities in a workers’ compensation claim unless they know about the incident first. If you do not report the injury soon enough, you may lose eligibility for compensation.
Not following the doctor’s orders
If an employee goes against their doctor’s instructions, it can jeopardize their compensation. Employers may argue that the employee made the injury worse by now following directions, so the employer should not be responsible for all of the damages. Disobeying orders can also result in discontinuation of benefits.
Not getting a second opinion
Many employers will advise an employee to see a specific doctor following an injury. You should still see your primary doctor for a second opinion on the matter. Your doctor likely knows you better than your employer’s, meaning they can make a more informed opinion of your condition.
Going back to work too soon
Many employees feel pressure to go back to work as quickly as possible after an injury. Employers may look for ways that employees can go back to work without agitating their injury. This alternative is often a way for an employer to use the income a victim earned to reduce the compensation value.
Accepting the wrong disability rating
The severity of a disability rating dramatically impacts the value of workers’ compensation. As a result, employers or insurance companies may try to push for a less severe rating to reduce the settlement. Do not accept a rating unless you are working at the same capacity you were before your injury.
Not getting a lawyer
A worker’s compensation attorney knows how to help their clients pursue maximum compensation swiftly and efficiently. An attorney is someone you can trust to be on your side in your pursuit of compensation, and you can rely on their experience and knowledge to guide you.]]>On Behalf of Selikoff & Cohen, P.A.<![CDATA[How can I build a case for wrongful termination?]]>https://www.selikoffcohen.com/?p=463642021-08-02T06:13:29Z2020-04-17T18:35:36ZCompiling evidence
It’s important to note that employment in New Jersey, like most states, is at-will. This means you can face termination at any point of your employment, without reason. But, if your gut is telling you there was a reason — or more specifically an unjust reason — your boss fired you, then they might have disregarded both state and federal law.
These are some steps you should take to determine whether you have enough evidence to build a wrongful termination case:
Discrimination: Before your last job experience came to end, did you notice the new hires always seemed to identify as the same gender? This could allude to a pattern of discrimination. In preparation for a wrongful termination case, you should ask yourself if any higher-ups may have taken it upon themselves to act prejudice toward you just for being yourself. Besides federal protection via Title VII, the Law Against Discrimination (LAD) in New Jersey, bans employers from discriminating their employees based on:
Nationality
National origin
Race
Ancestry
Creed
Color
Religion
Sex
Age
Gender identity or expression
Sexual orientation
Mental or physical disability
Marital or familial status
Genetic information
Liability for military service
Pregnant or breastfeeding
Harassment: If you can recall consistent taunting from a manager or supervisor about your race, gender or any identifiers protected by LAD, reporting it can help you seek justice. Reporting workplace harassment can not only aid in a wrongful termination case, but also protect your general safety. Chances are if someone wasn’t afraid to be cruel to you in a professional setting, they wouldn’t hesitate to harm you again outside of work.
Paper trail: : Discriminatory comments or insults that are verbal could be difficult to show proof of in court. You have your own word, but gathering any digital correspondences, job contracts or training documents outlining company policies could all be useful for an attorney or judge. Even if you no longer have access to your company email, dig through any personal emails or text messages you might have forgotten about between all former co-workers.
Having to relive the emotional distress of unfair treatment is often painful. But listing patterns in managerial behavior and collecting any relevant documents is crucial when fighting for your rights.
Getting representation
Losing your job can make you feel isolated in more than one way but deciding your next steps in life doesn’t have to be a solo endeavor. If you feel like your boss fired you on unlawful terms, then speaking with a wrongful termination attorney could help set you up for career success for many years to come.]]>