Tag Archives: workers comp

Workers Compensation

Workers Comp Claim: How Much Can I Get?

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Do You Have a Workers Comp Claim?

Workers Comp ClaimIf you have been injured in the workplace, You may have a Workers Comp Claim. You will need to fully understand many key parts to filing for a workers compensation claim to receive the full amount of funds to which you are entitled. Navigating this process is much smoother with an experienced attorney on your side, and at Mark Yampaglia Law we have extensive experience in this arena. Here is a quick look at some of the factors that affect the funds you can receive for a workers compensation claim.

Determining the amount of money that you’re eligible for after suffering from an injury or negative health consequence at work happens through a formula used by insurance companies to estimate the damages you have suffered. The ‘pain and suffering’ damages will come down to medical fact, while there is a time to argue about the other more subjective impacts after the other major issues have been considered.

The non-economic damages multiplier will be more substantial if you have serious ‘hard-injuries’ that can be well documented by x-rays or other diagnostic scans, or have long-term consequences that can stem from them. You can argue that you were victim to an extremely large amount of emotional or mental stress as a result of the injury, or if it impeded other parts of your life negatively, including your education, participating in family events or celebrations, or caused you to have otherwise quantifiable difficulties in life.

It’s also true that these types of qualifiers can work against you in seeking workers compensation. If your injuries healed quickly and needed no long-term care or procedures, you will have a hard time getting a lot of funds. Any indications that your injury was not severe, including treatment by a non-medical doctor, including a chiropractor, can cause you to not have as high of a multiplier ranking. This is also true if there were no emotional issues involved, or if the physical issues did not extend past the initial incident.

Other than the damages, there are several other factors that can make a huge impact on the final settlement amount. One of the key factors is fault: if you were no way in fault, you can be sure to collect a much higher sum, but if you had a role in the injury occurring you will have difficulty collecting a higher amount of damages. Additionally, your overall demeanor and attitude to the proceedings can have a shockingly large impact on the final settlement. If your employer or the defendant comes across as unlikeable, it will work in your favor, and the reverse is true if you are not seen as trustworthy during the negotiations. Witnesses who can testify on your suffering or on your work with the company can also work strongly in your favor.

Since  a workers comp claim can be so complicated, as well as particularly difficult for you to undertake as you are going through the medical treatment following your injury or accident, it is vital that you work with an experienced attorney. Call the Law Office of Mark Yampaglia today for a free consultation on our professional legal services and how we will put our expertise to work for you (844) 847-0106.

Frequently lawyers or attorneys forget that they are employed by the client and work for the client. The legal team at Yampaglia Law understands that you are the boss. Your request for assistance, advice and updates are always responded to in a timely manner. If you cannot come to one of our offices or are unable to travel, we will come to you.

The main office of Yampaglia Law is in Rutherford, NJ. Our firm has additional offices throughout North Jersey and serves all of the state through our attorney network. Contact us for a meeting in our office or we will gladly meet you at your home or any other convenient location. We also gladly do consultations by phone.

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Workers Comp Lawyer Northern New Jersey

Top Cause of Workplace Injury Revealed

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What do you think is the top cause of workplace injury or workers compensation claim that we see? Hit by falling machinery, or long term lung damage as a result of inhaling in poisonous chemicals? No- it’s actually something simpler that all of us are at risk for on a daily basis, and one that is harder for an employer to effectively protect against.

The culprit? Exhaustion. Overexertion involving outside sources was once again ranked the highest in the country for workplace related injuries, which should come as no surprise for those of us who regularly need to perform tasks that seem out of our range of abilities and know that your bad back just isn’t what it used to be anymore. Surprisingly, many individuals who injury themselves based on overexertion may believe that they are not covered under workers compensation because the injury may have technically been their own fault. However, since it took place on work property, they are liable for your physical wellbeing during that time and absolutely can be held accountable in a court should you decide to sue for workers compensation.

For a whopping 65 percentage of all workplace related injuries, the top five types of workplace related injuries included the number one, overexertion, as well as falls from the same level or lower levels, as well as being struck by equipment or other objections. Other reasons for workplace related injuries in the top ten included slipping without falling, repetitive motion injuries, injuries involving a motor vehicle, and the most disturbing sounding: being caught in, struck by, or compressed by a piece of equipment while on the job. Yikes.

According to the Bureau of Labor Statistics, 32% of the injury and illness cases were a result of musculoskeletal disorders, which often involved those who worked with their hands such as laborers or movers, as well as nursing assistants who often work long hours and are asked to do quite strenuous tasks. For businesses, the cost of overexertion injuries was $15.08 billion, and that’s not even counting the many other types of workplace injury claims and types.

If you have been injured at all in connection to the workplace, first immediately seek medical help, but then you should call an experienced attorney to begin investigating into your case and to seek you the best results available. Many individuals are entitled to coverage from their employer for the types of injuries that they received, and do not always go forward in pursuing the case. Be sure that you fully pursue what is available to you by law. For information about my experience in this field, contact me, Mark Yampaglia at my office at 844-847-0106 for a free consultation and to get started pursuing your case. Don’t delay, call today.