An Employer’s Workers Compensation Insurance Carrier can make what is referred to as a “Voluntary Tender”. A Voluntary Tender provides an injured Worker with permanent disability benefits prior to a formal award or settlement in a Workers Compensation case.
(more…)
In 1996, Honorable Sylvia B. Pressler, Presiding Judge of the New Jersey Appellate Division wrote an opinion in the matter of Mendonza v. Monmouth Recycling, holding that an injured worker was not barred from receiving New Jersey Workers Compensation Benefits by the mere fact that he was out of status or as commonly referred to as “illegal”.
A Third Party case is a case against a third party. Ok, that wasn’t very helpful. Let us try again.
Third Party cases exist when an employee (The First Party) is injured in the course of their employment and have a negligence claim against another person or company (the Third Party) who is not their employer (the Second Party).
Is Living in New Jersey enough to bring a Workers Compensation Claim?
No. In order for the Workers Compensation Court to have jurisdiction over a work accident, one of three things must occur.
The first is the work accident occurred in New Jersey. The second is the contract of hire was in New Jersey. Thirdly, a substantial amount of employment for the respondent occurs in New Jersey.