Fedele & Honschke Attorneys At Law, LLC Ocean County Personal Injury Lawyer | Workers Compensation NJ 2026-10-06T10:07:34Z https://www.sfhlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1604005/2021/11/cropped-site-icon-32x32.png On Behalf of Fedele & Honschke Attorneys at Law, LLC <![CDATA[Paying for medical care during a workers’ comp claim]]> https://www.sfhlaw.com/?p=52534 2026-10-06T07:02:37Z 2026-10-06T07:02:37Z Private health coverage may help with early treatment Some injured workers use private health insurance to cover initial care while the workers’ compensation claim is still pending. In many cases, the provider or insurer may need to know that the injury occurred on the job in order to bill it correctly and address any reimbursement questions that arise later. Coverage terms can vary, so deductibles, copays and exclusions may still matter during that period.

Can state benefits replace some lost income?

Medical bills are only part of the problem. A worker who cannot return to the job may also need help covering everyday expenses while the claim remains unresolved. If the workers’ compensation claim is disputed or denied, New Jersey’s temporary disability insurance program may provide some wage replacement while the issue is being resolved. Medical proof that the worker cannot do the job is usually part of that process. If workers’ compensation benefits are later approved, the worker may need to repay TDI benefits received during that period.

Payment arrangements with providers can sometimes ease the gap

Some providers may accept delayed payment arrangements while the claim is still under review. Others may work with itemized billing, deferred collection or other short-term solutions that help the injured worker continue treatment. When speaking with a provider, some steps that may help include:
  • Telling the provider that the claim is still pending
  • Asking whether the office offers delayed billing or payment plans
  • Requesting an itemized statement of charges
  • Keeping written notes of billing conversations

When should a worker speak with an attorney?

Managing medical bills and lost income at the same time while a workers’ compensation claim is still pending can be difficult. Coordinating private insurance, checking whether TDI applies and speaking early with providers may help reduce financial pressure during the wait. In some New Jersey workers’ compensation cases, an attorney can review the options, explain whether reimbursement issues may arise later and identify billing steps that protect both the claim and access to treatment.]]> On Behalf of Fedele & Honschke Attorneys at Law, LLC <![CDATA[How to find liability in a boating accident claim]]> https://www.sfhlaw.com/?p=52456 2026-09-23T09:26:03Z 2026-09-23T09:26:03Z Operator conduct often drives the claim Boating cases often start with what the operator did before the crash. Courts may look at speed, lookout, right-of-way decisions, intoxication and other safety choices when deciding whether the operator acted reasonably. GPS data, witness accounts and damage patterns can help show whether the operator failed to use reasonable care. If alcohol played a role, that fact may strongly affect the negligence analysis.

Safety violations can support the case

Some boating accidents involve clear rule violations. Common examples may include:
  • Failing to yield to another vessel
  • Operating a boat while under the influence
  • Ignoring no-wake zones
  • Failing to provide enough life jackets for passengers
These details matter because a safety violation may support the injured person’s claim. The case still depends on proof of causation, damages and any shared fault.

Reports and scene records can strengthen the case

New Jersey requires an accident report when a boating crash causes a death, disappearance, injury that needs medical care beyond basic first aid or property damage above the reporting threshold. Official guidance on boating accident reporting rules can help explain that requirement. Photos, witness information and damage to the boats can all help preserve what happened.

Early records can affect the liability dispute

People dealing with related serious accident claims may also need to review how those records support liability. Early documentation can make it easier to connect the operator’s conduct to the injuries and losses that followed. A personal injury attorney can review the evidence and assess whether it supports liability against the right party.]]> On Behalf of Fedele & Honschke Attorneys at Law, LLC <![CDATA[How long do workers’ compensation benefits last?]]> https://www.sfhlaw.com/?p=52451 2026-09-07T14:49:57Z 2026-09-07T14:49:57Z Temporary disability benefits can last up to 400 weeks Temporary total disability payments generally continue until you return to work, become medically able to resume your duties or reach maximum medical improvement. Doctors use this term when further care is unlikely to improve the injury. These payments have a 400-week limit. You become eligible if the disability keeps you from working for over seven days. Benefits then cover the period beginning with your first lost workday.

Permanent partial benefits follow a set schedule

Permanent partial disability payments generally cover a lasting impairment that does not prevent all employment. The period depends on the body part and degree of lost function. The schedule assigns each body part a certain number of weeks. Your percentage of lost function may determine how much of that period applies. For an unscheduled condition, such as back damage, the award typically reflects a percentage of 600 weeks.

Permanent total benefits start with 450 weeks

If your injury leaves you permanently unable to work, total disability payments initially run for 450 weeks. They may continue if you complete any ordered rehabilitation and still cannot earn what you made when the accident occurred. After that period, the payment could decrease if you earn income.

Medical benefits have no fixed week limit

Authorized medical care has no fixed number of weeks. The employer or insurer generally chooses the provider and pays for services tied to your injury. Employer-authorized treatment can affect the filing deadline because New Jersey treats that care as compensation. You generally need to file a formal petition within two years after the injury or last compensation payment, whichever comes later.

What you can do when payments may end

A cutoff notice can cause concern when symptoms still limit your duties. You can gather your medical records, work restrictions and payment notices to determine why the insurer changed or stopped support. You may also ask an attorney to assess the benefit period, dispute a premature cutoff and track the filing deadline. That review could protect your claim for wage payments and medical care.]]> On Behalf of Fedele & Honschke Attorneys at Law, LLC <![CDATA[Are remote employees in New Jersey covered by workers’ comp?]]> https://www.sfhlaw.com/?p=52437 2026-09-03T08:29:21Z 2026-09-03T08:29:21Z Working from home can make it harder to tell whether an injury counts as a work injury. A slip on the stairs during a work break may not have the same legal footing as an injury that happens while carrying work equipment. For New Jersey remote employees, workers’ compensation coverage can depend on what you were doing, why you were doing it and how closely the activity relates to your job.

When can remote work injuries qualify?

New Jersey workers’ compensation generally covers employees who suffer injuries arising out of and during their employment. Working from home does not automatically remove that coverage. For example, an injury may have a stronger connection to your job if you strain your lower back while lifting a work laptop or develop a repetitive strain injury (RSI) in your wrist from prolonged typing during work duties. A fall while walking to a home office to start a scheduled shift may also qualify.  On the other hand, an injury during a personal activity, such as cooking lunch or doing household chores, may not qualify. Because each situation has different facts, keeping details about when, where and how an injury happened can help when reviewing whether it relates to your job.

What can affect a remote workers’ comp claim?

Several factors may affect whether an injury falls within New Jersey workers’ compensation coverage. These can include:
  • Whether you were working or performing a task for your employer
  • Whether the activity had a clear connection to your job duties
  • Whether the injury happened during your scheduled work time
  • Whether your employer knew you worked from home
  • Whether the home workspace or equipment played a role in the injury
These details can help show the connection between the injury and your employment. Legal assistance may also help you assess the facts and determine how New Jersey workers’ compensation rules may apply.

When home becomes the workplace

Remote work can blur the line between job duties and personal activities. However, an injury at home does not automatically fall outside workers’ compensation coverage. Looking at the specific circumstances can help clarify whether the injury arose from your employment. If you suffered an injury while working remotely, learning how New Jersey law may apply can help you evaluate your options.]]> On Behalf of Fedele & Honschke Attorneys at Law, LLC <![CDATA[Can a rear-end crash cause a herniated disk?]]> https://www.sfhlaw.com/?p=52436 2026-08-26T15:59:03Z 2026-08-26T15:59:03Z How a rear-end crash can affect the spine During a rear-end collision, the body can move abruptly while the spine absorbs the impact. This sudden movement can place significant pressure on the spinal discs. A disc can bulge or tear. It can then irritate or compress nearby nerves. Symptoms can include:
  • Persistent neck or back pain
  • Numbness or tingling in an arm or leg
  • Weakness in an affected limb
  • Pain that travels from the neck or back into an arm or leg
  • Difficulty sitting, standing or moving normally
Some symptoms appear immediately. Others develop later. A prompt medical evaluation can help determine the source of the symptoms and begin building the documentation that connects the injury to the crash.

Why medical records matter

A doctor may perform a physical examination and order diagnostic imaging, such as an MRI. These tests can help identify a herniated disc and other spinal injuries. Medical records can also establish when symptoms started and how they progressed after the collision. A prior spinal condition can complicate the situation. A collision may aggravate an existing condition without causing the original injury. Medical evidence can help establish whether the crash caused a new injury or worsened an earlier condition.

How New Jersey's auto insurance rules affect a herniated disk claim

Under New Jersey law, shared fault can reduce the amount an injured person may recover in proportion to their percentage of responsibility. If a court finds that the injured person was more than 50% at fault for the crash, New Jersey law bars recovery entirely. Documentation of the crash, including photographs, the police report and witness statements, can help establish how the collision occurred and which driver might bear responsibility. In New Jersey, Personal Injury Protection (PIP) coverage can pay for medical treatment after a crash regardless of fault, up to the limits of the policy. A separate liability claim against the at-fault driver may cover losses that PIP does not, depending on the circumstances. A rear-end crash can cause a significant spinal injury even when the vehicles show limited damage. Persistent pain, numbness or weakness warrants a medical evaluation. Prompt evaluation and consistent treatment can help document the injury and its effect on daily activities.  ]]> On Behalf of Fedele & Honschke Attorneys at Law, LLC <![CDATA[Can CNA lifting injuries qualify for permanent disability in NJ?]]> https://www.sfhlaw.com/?p=52431 2026-08-12T18:09:51Z 2026-08-12T18:09:51Z Permanent disability depends on lasting limits New Jersey workers' compensation law looks at the long-term effects of the injury, not just the fact that patient lifting is part of the job. A CNA, home health aide or assisted living worker may qualify when the injury leaves measurable physical limits that continue after treatment. A worker usually needs more than temporary pain or strain. The issue is whether the injury still affects movement, strength or daily function after the condition has stabilized.

What injuries may support a permanent disability claim?

A lifting injury may qualify for permanent disability when it causes more than temporary pain. The claim may become stronger if the worker has imaging results, specialist care or permanent restrictions that continue after treatment. Relevant issues may include:
  • Herniated or bulging discs
  • Shoulder tears or loss of range of motion
  • Nerve symptoms that continue into the arm or leg
  • Permanent lifting restrictions
  • Chronic pain tied to structural injury
These problems may support a claim when they continue to affect the worker after treatment has ended. New Jersey’s injured worker protections outline the basic rights available after a job-related injury.

Medical proof and treatment history can shape the award

Permanent disability cases often turn on medical records, diagnostic studies and whether the worker still has functional loss after treatment. A permanent disability award usually requires proof that the injury still limits movement or work after treatment ends. Cases involving job-related injury claims may require a close comparison of records, restrictions and medical opinions. A lawyer can help review that evidence and build a strong case for permanent disability compensation.]]> On Behalf of Fedele & Honschke Attorneys at Law, LLC <![CDATA[Why quick settlement offers can hurt your case]]> https://www.sfhlaw.com/?p=52424 2026-07-24T22:57:13Z 2026-07-24T22:57:13Z After a car accident, motorcycle crash or other serious injury, financial concerns can hit almost immediately. Medical bills begin to accumulate, you may be unable to work and the stress from dealing with insurance companies can be overwhelming. In the middle of a financial crisis, a quick settlement offer can seem like a windfall, and it can be tempting to accept it. However, accepting a quick settlement may not be in your best interests. 

Why insurance companies make quick settlement offers

In many cases, insurance companies try to resolve claims as quickly as possible. An early settlement allows them to close the case before additional medical treatment, lost income or other damages increase the claim’s value. These settlement offers are often based on limited information. As a result, an early offer may not fully compensate you for the losses you ultimately experience. Some injuries, such as whiplash, traumatic brain injuries, herniated discs and soft injuries, may gradually worsen in the days and weeks following an accident. In some situations, after additional testing, your doctor may determine that you need surgery, physical therapy or long-term care. If you have already accepted a settlement, you generally can’t go back and ask the insurance company for more money simply because your injuries turned out to be more serious than expected. Medical expenses are only one part of a personal injury claim. A serious accident can impact nearly every aspect of your life.  Depending on your injuries, you may experience lost income, reduced earning capacity, ongoing rehabilitation costs or pain and suffering. It’s difficult to place a value on these losses in the days immediately following an accident. Accepting an offer before these damages are fully understood could leave you responsible for expenses that the settlement no longer covers. Settlement negotiations are common in personal injury cases. An initial offer is often just the starting point and not the final amount an injured person may recover.  It’s also important to be careful when speaking with insurance adjusters. Any statements you make may later be used to argue against the severity of your injuries or reduce the value of your claim. Take the time to understand the full extent of your injuries and their long-term impact. A legal professional can negotiate with the insurance company on your behalf and help get the settlement you deserve.  ]]> On Behalf of Fedele & Honschke Attorneys at Law, LLC <![CDATA[Can you claim damages if a slip-and-fall was partly your fault?]]> https://www.sfhlaw.com/?p=52419 2026-07-09T14:06:29Z 2026-07-12T04:00:46Z Shared responsibility does not always bar financial recovery Being partly at fault does not always prevent you from recovering damages. Instead, the amount you recover often depends on how much fault each party shares. State law provides the framework for assigning fault. In New Jersey, personal injury claims generally follow a modified comparative negligence rule. You can usually recover damages if your share of fault does not exceed 50%. The court then reduces your award by your percentage of fault. If you are more than 50% responsible, you generally cannot recover damages. Courts examine the facts of each accident before assigning fault. They often consider the property’s condition, the actions of everyone involved and the available proof. Those details may shape how they divide responsibility. Even minor differences in the evidence can affect that determination.

Why understanding the facts is crucial

Every slip-and-fall claim depends on its own facts. Even small details can affect how courts assign fault and calculate damages. Photos, witness statements, surveillance footage and property maintenance records often provide important context. A legal professional can review the available evidence and explain how modified comparative negligence applies to your situation. They may also identify the issues that could affect the value of your claim.]]> On Behalf of Fedele & Honschke Attorneys at Law, LLC <![CDATA[Are you entitled to temporary disability payments in NJ?]]> https://www.sfhlaw.com/?p=52398 2026-07-02T15:56:22Z 2026-07-09T15:39:09Z TDI vs. workers’ compensation Both programs provide coverage for lost wages, but they have a key difference. Workers’ compensation covers injury or illness that occur on the job, while TDI covers off-job occurrences. Temporary disability insurance abides by different rules for qualification and other aspects. Either the State of New Jersey or a state-approved private plan administers temporary disability payouts. In contrast, both you and covered employers fund TDI, with your portion coming out of payroll deductions.

The application process

New Jersey provides up to 26 weeks of income replacement for temporary disability. TDI provides 85% of your average weekly wage up to a set state maximum (which adjusts yearly). To get your temporary disability benefits, you must go through an application process. In New Jersey, where you file depends on whether you have a state or private plan. If you have a state plan, you can file directly through the government website. For a private plan, you must apply through your employer’s insurance carrier and follow their application procedures. You must file within 30 days of the start of your disability to receive benefits. Filing after the 30-day deadline can result in denials or a reduction of benefits unless you can show a valid reason for your delay.

Eligibility and the waiting period

New Jersey has a built-in mandatory “waiting week” for TDI. The first seven days are typically not paid unless your unpaid leave reaches 22 days or more. Then, you will receive retroactive payment for the first seven days. Check if you are eligible to receive temporary disability payouts. You must fulfill one of two earnings criteria to receive TDI. To receive your benefits, you must work 20 calendar weeks in NJ covered employment and meet the following 2026 thresholds:
  • Made a minimum of $310 per week
  • Earned a minimum of $15,500 in the base year
Covered employees may still have their claim denied, like any type of insurance. You will receive a notice form explaining the reason for the denial. Fortunately, you can appeal by filing online or in writing within 21 days of the mailing date on the notice. Consider legal assistance if you choose to appeal a decision.]]> On Behalf of Fedele & Honschke Attorneys at Law, LLC <![CDATA[An SCI can create lifetime costs]]> https://www.sfhlaw.com/?p=52387 2026-07-02T10:04:54Z 2026-07-02T10:04:54Z Many injuries create short-term costs. If you suffer a broken leg in a car accident, you are going to need transportation to the hospital, you may need surgery on the broken leg, and you are going to miss work while you recover. But with something as significant as a spinal cord injury, it is also important to think about the long-term costs. After all, an SCI can be a life-changing condition, and a permanent injury could have a dramatic impact on the financial damages you face in the future. You may never be able to return to work, for example, or you may have a reduced earning capacity. You may need in-home care or ongoing medical treatment to help you adjust to living with the SCI.

Potential projected costs

While it is true that every SCI case is unique, the Christopher & Dana Reeve Foundation has put together a list of average yearly costs for common spinal cord injuries:
  • High tetraplegia: $1,064,716 in the first year and $184,891 annually
  • Low tetraplegia: $769,351 in the first year and $113,423 annually
  • Paraplegia: $518,904 in the first year and $68,739 annually
  • Incomplete motor function: $347,484 in the first year and $42,206 annually
These are just estimates, so your specific costs could be even higher. There could be complications that necessitate future medical care, for example, or you may have been a high-income earner prior to the injury, so your projected future losses would be higher than they are for someone else. It is very important to consider all of the specifics of your case and know what steps to take to seek the compensation you deserve.  ]]>