Archives for December 2016

What Happens If I Receive Money in a Third Party Action?


If you have been hurt on the job, one of your first (and often your only) avenues of recourse is to file an application for Workers’ Compensation benefits. If your injuries were caused in part by the negligence or carelessness of a third party—the driver of an automobile or the manufacturer of a defective product, for example—you may also be able to file what’s known as a "third party action," where you can file a lawsuit outside the workers’ compensation system for those damages. What happens if you recover money in that lawsuit? Will it have an effect on the amount of benefits you receive through workers’ compensation?

The workers’ compensation in New Jersey allow employers and workers’ compensation insurance companies to take a credit for any amounts received by an injured worker from an unrelated third party, but only to the extent that doing so would prevent a duplicate recovery of benefits. For example, if you were reimbursed by your health insurance provider for some or all medical costs, you cannot receive any Workers’ Compensation benefits designed to cover those medical costs. If however, a verdict or damage award is only intended to compensate you for the third party’s pro rata share of responsibility, you won’t have to forfeit any benefits.

As a general rule, if your settlement is equal to or greater than the workers’ compensation award, the Workers’ Compensation insurer will be entitled to a credit of 2/3rds of the amount payable by or on behalf of the employer, less $750. If, on the other hand, the settlement is less that the total workers’ compensation award, the credit will be 2/3rds of the settlement amount, less $750.

Contact Taylor & Boguski

At Taylor & Boguski, we have more than 70 years of combined experience representing injured workers across New Jersey. For a free initial consultation, send us an e-mail or call us at 856-200-8989.

We handle all Workers’ Compensation claims on a contingency basis. You won’t pay any legal fees unless we get compensation for your losses.

Wishing you a festive holiday season and a Very Happy New Year

Can Your Employer Retaliate against You for Filing a Workers’ Compensation Claim?


When you’ve been injured on the job, you want to file an application for Workers’ Compensation benefits in a timely manner. If you are among the fortunate few, your claim will be approved without delay. For most people, though, it’s necessary to request a hearing to appeal the initial denial of a claim.

When you go to the hearing, your first impression will have a significant impact with the judge. Here are some tips to help you make the best first impression.

  • Don’t be late!—Plan on arriving at least a half an hour before your scheduled hearing. You never know when unexpected contingencies arise. If you are not in the courtroom when your case is called, your appeal may be dismissed, even if you show up just a couple minutes late. Don’t give the court the idea that you don’t care about your appeal. Be there on time.
  • Watch your wardrobe—A Workers’ Compensation hearing is a serious matter. Don’t come to court in yesterday’s clothes, or in cutoffs and tee shirt. You don’t have to wear a suit or a dress, but dress as if you have some respect for the court—comfortably, but not too casually. And leave the bling at home!! Gaudy jewelry and fancy watches send the wrong message.
  • Be honest, responsive and humble—The judge will pay attention to what you say and how you say it. Don’t overstate your case in an attempt to win favor with the judge. The workers’ compensation insurance company will have counsel there…if you make misrepresentations, they may easily be refuted and you will lose credibility.

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

We represent clients in Workers’ Compensation proceedings on a contingent fee basis. We won’t charge you attorney fees unless we recover compensation for your losses.

How Do I Help My Attorney Prepare for a Workers’ Compensation Hearing?


In the aftermath of a work-related injury, your first course of action will typically be to seek benefits through the state’s Workers’ Compensation system. It’s not uncommon for an initial claim to be denied, requiring that you attend to hearing with a Workers’ Compensationjudge to appeal your petition. Here are some ways that you can help your lawyer prepare for that hearing.

A critical component of your case will be your medical records. Your attorney will want to clearly show the judge the extent of your injury, the treatment required and any tests or procedures necessary to diagnose your condition. In most instances, you will be examined by a doctor chosen by the Workers’ Compensation insurance company, but you can also be treated by your own physician. Make certain you tell the same thing to all medical professionals. Be certain that you address anything that is out of the ordinary, and ask that the doctor document everything in writing.

Because the amount of your benefits will depend, in part, on your earnings before the accident, you will need to provide evidence of your average weekly wage for the last 52 weeks. This can come from pay stubs or from a W-2.

In addition, your attorney will want to meet with anyone who was a witness to your injury. Be sure to get names and contact information for anyone at your place of employment who saw what happened.

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to men and women throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

We handle all Workers’ Compensation claims on a contingency basis. There will be no attorney fees unless we recover damages for your losses.