Workers Comp Frequently Asked Questions

• What is New Jersey Workers Compensation Insurance?
• What are the types of accidents and exposures recognized by the New Jersey Workers Compensation Statute?
• What types of benefits is an injured worker entitled to?
• What can I do if my employer refuses to give me medical treatment or pay for my time out of work?
• What if I have a pre-existing injury, but my work accident or exposure made it worse?
• Once a case settles can it ever be reopened?
• How does Mr. Ricciardelli get paid?

What is New Jersey Workers’ Compensation insurance?

New Jersey Workers' Compensation insurance is insurance that an employer is required by law to carry.  It provided benefits for a worker injured as a result of his job.  In New Jersey, if an employee is injured on the job his employer is required to provide him with curative medical care which includes medical, surgical and hospital services, dental services, crutches, hearing aids, physical therapy, nursing care and prescribed medications. If an injured employee is unable to work for more than seven days he is entitled to pay for his entire time out of work.  At the end of his case, the employee may be entitled to a payment for his permanent disability. 

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What are the types of accidents and exposures recognized by the New Jersey Workers Compensation Statute?

The New Jersey Workers Compensation Statute recognizes three main types of job related injuries. They are as follows:

• Specific Accident Claims - These are regular, everyday accidents. They include, but are not limited to, falling down, motor vehicle accidents, accidents involving machinery, fights with fellow workers, and lifting injuries. Please note, an injury is still covered under Workers Comp even if the worker caused his own accident. The only issue is whether the worker was injured while performing his job.


• Occupational Exposure Claims – Every day on the job an employee may be exposed to harmful elements.  These include dusts, chemicals, asbestos and other noxious elements.  Over time, this exposure may cause a worker to suffer lung disease, cancer, heart problems or mesothelioma.  A worker who suffers from this type of Occupational Exposure is entitled to receive Workers Compensation benefits.  To get compensation the occupational exposure does not need to be the sole cause of the disability.  It must only contribute to the disability to a “material degree”.  By example, assume a cigarette smoker works at a job with exposure to various dusts and chemicals.  He then contracts lung disease.  Although the cigarette smoking may have contributed to the lung disease, as long as the work exposure also contributed to a “material degree” the exposure will be compensable. 


• Repetitive Motion Claims - The repetitive stress and strain of a job can cause a work related injury. Common examples are jobs where a worker has to lift heavy objects constantly, causing back injury. A job that requires constant typing can cause carpal tunnel syndrome or cubital tunnel. Workers that are required to stand or walk all day may sustain injuries to the feet or knees.  With Repetitive Motion Claims there is no one particular incident that caused the worker to sustain his injury.  However, over time the repetitive wear and tear of the job caused the workers body to break down.  A worker who suffers from this type of Repetitive Motion Injury is entitled to receive Workers Compensation benefits.

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What types of benefits is an injured worker in New Jersey entitled to?

• Medical Benefits - An injured worker is entitled to medical treatment aimed at curing his work related injury. Since the employer has to pay for this medical treatment, they also get the right to select the injured workers' doctors. However, if the employer refuses to provide appropriate medical treatment, or authorizes doctors that are not qualified to provide that care, the injured worker has the right to file a Motion with the Court seeking a Court Order requiring the employer to provide the correct medical treatment.


• Temporary Disability Benefits - An injured worker is entitled to payment for his time out of work as a result of his work related injury. The injured worker is entitled to 70% of his gross weekly wage, including overtime and tips, subject to a maximum and minimum amount designated for the year of the accident. If the employer refuses to provide appropriate Temporary Disability Benefits, the injured worker has the right to file a Motion with the Court seeking a Court Order compelling these benefits.


• Permanent Disability Benefits - An injured worker has the right to seek a money award for permanent disability. An injured worker need not be totally disabled to obtain this money award. In the overwhelming majority of lawsuits workers who file workers comp claims have returned to the same job they had before their accident.  The injured worker only needs to show that his physical ability has lessened as a result of the job related injury.

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What if my employer refuses to give me medical treatment or pay for my time out of work?

If an employer refuses to provide medical treatment or pay for time out of work the injured worker may file a Motion with the Court seeking an Order compelling the employer to provide these benefits.  This is called a Motion for Temporary Disability and Medical Benefits.  The Motion papers must include a certification from the injured worker stating his complaints and indicating that he would accept treatment if offered.  They must also include a medical opinion from a qualified doctor confirming the need for treatment and causally relating that treatment to the work accident or exposure.  If the Motion papers alone are not successful in obtaining an Order for benefits, the matter may proceed to testimony.  This type of litigated Motion is handled the same as a Workers Compensation trial.  The injured worker has the opportunity to testify; call his own lay and expert witnesses to testify; and cross-examine witnesses called by the employer.  Once this is done the Judge of Workers Compensation will render a decision determining whether the worker is entitled to benefits.

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What if I have a pre-existing injury, but my work accident or exposure made it worse?

A pre-existing injury made worse by a work accident or exposure is still compensable.  You would still be entitled to medical care and, if necessary, pay for time out of work.  When settling the permanent disability apsect of the case, you would give your employer a credit for the prior injury.  By example, assume you had a prior disc herniation that did not require surgery.  You then have a work accident that makes the disc worse, so that surgery is now necessary.  Your employer would be responsible to pay for the surgery; any other curative treatment and pay for your time out of work.  When you settle the permanent disability aspect of the case he gets a credit for the value of a non-operated disc herniation, but pays you the balance of the value for your operated herniated disc.

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Once a case settles can it ever be reopened?

In most instances an injured worker can reopen his Workers Comp claim, even after receiving a money settlement. To reopen the claim an injured worker must show that he requires additional medical care or that his permanent disability has increased to a material degree. If successful, the injured worker may once again be able to receive all three types of Work Comp benefits. It is important to remember that injured workers must reopen their Workers Comp lawsuit within two years of their last Workers Comp payment. If more than two years passes from this date, the Workers Comp case will be closed forever.

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How does Mr. Ricciardelli get paid?

Mr. Ricciardelli does not get paid unless he successfully represents you in your Workers Compensation case.  His attorney fee is set by a Judge of Workers Compensation.  It can not exceed 20% of the award.  In most cases the employer pays more than half of the attorney fee.  (Generally the employer will pay 60% of the fee while the employee will pay only 40% of the fee.)  This means that on a $10,000.00 award, the injured employee generally only pays an attorney fee of $800.00.  Mr. Ricciardelli never takes money directly from an injured worker.  If pre-payments are required to schedule medical exams or to get medical records, Mr. Ricciardelli will make those pre-payments himself.   "No win, no fee". If Mr. Ricciardelli is not successful in obtaining Workers Comp benefits for you, he does not get paid.

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