New Jersey Lawyer - Workers' Compensation

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Home | NJ Workers' Compensation Lawyer, John F. Renner |  Workers' Compensation Resource Center | Contact Us

Work Injury Insights from JFR
 

John F. Renner, P.C.                                     856.596.8000


I am a New Jersey Lawyer representing individuals suffering from workplace injuries. Like most people I know, you rely upon your job to pay your bills to support yourself and your family.  You expect safety at work but that is not always the case.  If you have been injured on the job, you need to know your options.

New Jersey Workers’ Compensation Law

The New Jersey Workers’ Compensation law is complex and can be a trap for the unwary.   I guide my clients through the legal process every step of the way.   My clients are informed and educated about the system, how long their case may take and the potential risks and benefits involved at every stage of their workers' comp litigation.  I am dedicated to the aggressive pursuit of the full range of benefits allowed including medical treatment, lost wages and a permanency award.   

A New Jersey Lawyer Who Takes Time to Listen

Your case is unique and important.  I customize the advice I give to each client based upon that person’s unique circumstances.  I also bring to the table for each client all my knowledge, skill and ability.  Understanding your particular needs is a very important part of how I deliver quality legal representation.  Personalized service and attention takes time but the resulting benefits are worth the effort both in client satisfaction and case results.   

New Jersey Workers’ Compensation Resource Center

I have compiled worker's compensation resources for New Jersey from the internet as a source of general information to help you better understand the complex system of laws governing the resolution of a work injury case. To compliment those resources, I also post weekly blogs -- or New Jersey Work Injury Insights -- on timely workers compensation issues and law.

I also provide general information on three primary benefits available under the New Jersey Workers’ Compensation Law, specifically:

Wage Benefits - Temporary compensation;

Medical Benefits;

Permanency Benefits.

On a practical level, I provide the locations of the New Jersey Workers' Compensation Hearing Offices throughout the State of New Jersey with directions on how to find each one.
 


  NJ Work Injury Insights from JFR

NEW JERSEY WORK INJURY LAWYERS CONSIDER COURT OF APPEALS DECSION ON THE REPAYMENT OF LIENS FROM AN AWARD OF COMPENSTION ISSUED BY A JUDGE OF COMPENSATION IN THE STATE OF NEW JERSEY

 Pool v. Morristown Memorial Hospital, 400 N.J. Super. 572 (App. Div. 2008)

             Plaintiff suffered a knee injury at her workplace. After being initially diagnosed as having a minor knee sprain and discharged, she returned to the hospital's emergency room in extreme pain and was diagnosed with a serious infection which resulted in the amputation of both legs, her right arm, and four fingers of her left hand. Plaintiff filed a workers' compensation claim, which resulted in an award of $400,000 in permanent and total disability with an expectation of additional benefits for the rest of her life. She later filed a medical malpractice action against the hospital and others. The hospital settled for $125,000 and the workers' compensation statutory lien, N.J.S.A. 34:15-40, held by appellant Workers' Compensation Security Fund, attached to that recovery. Plaintiff went to trial against the remaining defendants, but before the jury could render its verdict, plaintiff and defendant Richard D. Shih entered into what they have referred to as a “verdict risk limiting” agreement. The agreement guaranteed-regardless of the jury's verdict-that plaintiff would receive no less than $100,000 and no more than $3,500,000. The jury rendered a “no cause” verdict, and, based on her agreement with defendant Shih, plaintiff received $100,000.

            Plaintiff thereafter filed a motion in this action, seeking a declaration that the fund's statutory lien did not attach to the $100,000 payment. The fund's statutory lien attaches by law to any “sum in release or in judgment on account of [a third person's] liability to” the employee. The trial judge concluded that the payment did not meet this statutory definition and granted plaintiff's motion, but the Appellate Division disagreed and reversed. The court the question to be determined is whether the agreement to make a payment was made in contemplation of and while the alleged tortfeasor was in the course of responding to or defending against a claim brought by the employee. Accordingly, the lien attaches as well to an alleged tortfeasor's promise to pay in order to avoid the consequences of a verdict yet to be delivered, as here. Defendant Shih's $100,000 payment to plaintiff was a settlement and was offered and accepted as the means for resolving the parties' differences, subject only to the rendering of a jury verdict for the sole purpose of filling in the agreement's gaps by defining the amount Shih had agreed to pay. This constituted a settlement of the type encompassed by N.J.S.A. 34:15-40 because it was generated by, and made in contemplation of, plaintiff's suit against Shih and was the consideration she agreed to accept in order to resolve that litigation. As a result, the court concluded that the payment to the employee of the “low” defined by a high/low agreement, which agreement preceded a decision or verdict in favor of an alleged tortfeasor, is subject to the employer's statutory lien.

 



Michael A. Musmanno
Nuremberg Trial Judge

"The person who has ... been injured and who, because of his injury, is unable to work, and has a large family to support, and has no money to engage a lawyer, would be at the mercy of the person who disabled him because, being in a superior economic position, the injuring person could force on his victim, desperately in need of money to keep the candle of life burning in himself and his dependent ones, a wholly unconscionably meager sum in settlement, or even refuse to pay him anything at all. Any society, and especially a democratic one, worthy of respect in the spectrum of civilization, should never tolerate such a victimization of the weak by the mighty."    Richette v. Solomon, 187 A.2d 910, 919 (Pa.1963)
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Burlington County Location:
12000 Lincoln Drive West
Suite 401
Marlton, NJ 08053

Camden County Location:
111 White Horse Pike
Haddon Hts., NJ 08035

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Are you an injured worker?
Contact our office to discuss your case.   If we accept your matter, rest assured you will receive professional legal representation.  We stand up for our clients to secure them the full New Jersey Workers’ Compensation benefits available under the law. 

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The information presented on this website is for general informational purposes only.  Nothing contained within this site should be construed as legal advice.  You should speak to a lawyer to address any specific questions about your particular New Jersey Workers’ Compensation matter.
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