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Workplace Lawyers Injured Worker's Bill of Rights

JOB SECURITY IF YOU ARE INJURED

LABOR UNION CONTRACTUAL PROVISIONS GENERALLY STATE THAT A WORKER WHO HAS ATTAINED SENIORITY SHALL NOT BE FIRED BUT FOR JUST CAUSE, AND THAT THE SENIORITY PROVISIONS CONTROL.

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Case Results

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DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of  each client’s case.

John May
In 2008, John May was hit by a truck while working as road man in a construction site. He suffered three bulging and one herniated disc in his neck, one herniated and three bulging discs in his lower back. Mr. May had a cervical fusion operation with total discs replacement. Later, he underwent a second cervical fusion revision operation, a herniated disc operation as well as a micro discectomy.

His third party case settled with him receiving less than $20,000.00.

When our firm was referred the case in 2015, Mr. May filed a Second Injury Fund Verified Petition Application alleging that as a result of a combination of his work-related injuries and his prior injuries, Mr. May was totally disabled.

Despite the recommendation of the experienced lawyer representing the insurance company and the Judge of Workers’ Compensation, the matter was tried completely to Judgment. In early 2017, the Judge found him retroactively totally and permanently disabled. The Judge paid him retroactive worker’ compensation, ordered that he be paid going all the way back to the day of the injury and prospectively workers’ compensation benefits for his life. The total amount he will receive, in light of the third party case, is $111,000, In addition to that, given his life expectancy, should he live his life expectancy of 18.4 years at the rate of $336.88 for the rest of his life.

The price that the insurance company paid, which was probably passed on as a premium to its employer is that it paid additional moneys as a result of the Trial both for attorney’s fees, expenses on the one hand as well as not getting any dollar credit for the unemployment and other benefits he received after the injury.

Peter Provinzo
Peter Provinzo was a fuel truck driver who had suffered torn rotator cuff while working for a former company. He received $45,000 for a previous right shoulder injury.

He subsequently injured his right shoulder and left shoulder while working for Verona Fuel Company. Verona admitted these compensable injuries, but refused to admit that he was totally and permanent disabled.

As a result, the case was tried completely. The Judge found that the combination of Mr. Provinzo’s pre-existing shoulder injury and the new two shoulder injuries for Verona Fuel Company made him totally and permanent disabled. However, the Judge did not give the full dollar credit to Verona Fuel Company for the money they previously paid, but rather only gave a fraction of that amount as a credit for the pre-existing disability that the petitioner suffered. As a result, Mr. Provinzo received $50,000 more than he would have received had the matter been settled along the lines of the discussion that had been made among the experienced lawyers of the largest insurance company in the state, the Judge, and Craig H. Livingston representing Mr. Provinzo.

Peter Atta
Peter Atta developed asbestosis and restrictive lung disease after working in a career as a tile installer. The tiles containing asbestos resulted in him developing a deeply aggressive form of asbestosis which ultimately left him totally and permanently disabled as of 2015.

A workers’ compensation case was filed on his behalf because he was concerned about payments being made to his wife. He desperately wanted to settle his case prior to his death so that his wife would be assured of having benefits going forward. Mr. Atta and his wife accepted $225,000 benefits in addition to social security disability. In the future, he will be able to receive payments in any third party settlements against the manufacturers of the asbestos latent tiles.

Costco 
The Petitioner injured her ankle as a gas station attendant. She returned to light duty after 3  months then, 3 month later to full duty. After trial began, a settlement of $32,500.00 was secured.

Davis Transportation
 A truck driver with a history of neck injuries sustained additional injuries to his neck. Prior to trial a settlement was negotiated in the amount of $153,900.00.

Next Day Fliers 
A settlement was reached for a client with neck injuries where the client will receive an approximate  gross payout of $200,000.00. The insurance carrier will continue to be responsible for future medical treatment.

Foster Wheeler
Cancer in the neck due to asbestos. The last date of exposure was over was over 15 years before the diagnosis. The case was settled for $125,000.00. The wife has a separate claim in the event that the cancer causes her husband’s death.

PSE&G 
An Order was entered in the amount of $105,840.00.  The Petitioner was in a motor vehicle accident when he sustained injuries to his back and hip. He also had a separate claim against the driver of the other vehicle.

Rohm & Haas
Craig Livingston won for the wife of a Rohm & Haas worker an award of weekly dependency benefits of $794 per week for her life after the employer admitted that our client’s decease husband’s bladder cancer was caused by his employment. The widow will receive $794 per week for the rest of her life which is estimated to be an award in the amount of $ 1.1 Million Dollars.

Dow Chemical
A Dow Chemical worker was killed by mesothelioma which he contracted while working with asbestos at Dow Chemical. Craig Livingston held Dow chemical responsible for paying $55,000 in accrued benefits plus projected benefits over the widow’s lifetime which would result in award of additional $756,246.00.

General Motors
Frank DiMarzio won lifetime total permanent disability benefits for an auto worker who was not actually on the clock at the time of the accident. When General Motors appealed the decision awarding the worker these benefits, Mr. DiMarzio successfully argued and had his case upheld by the New Jersey Supreme Court. 

Polychrome Corp 
Craig Livingston represented the widow of a heating and air conditioning mechanic who developed lung cancer and died because of his exposure to asbestos. After a 5 day trial, he won an award for $ 691,650.00. 

Xcel Plumbing
Employee suffered  electrical shocks. A settlement was obtained for neck and back injuries in the amount of $133,920.00.

Dow Chemical
Permanent disability benefits were awarded for an exposure to chemicals. Bladder cancer was diagnosed over 40 years after the exposure. The Claimant will also continue to be covered for all future medical expenses.

Plainview Growers
A settlement was reached for a truck driver who will receive weekly payments for the rest his life. This estimates to a payout of over $900,000.

Palomar Homes
A settlement was received for a 51 year old construction worker with spinal injuries that is calculated to pay out over $1,050,000.00.

Campbell Foundry
A positive verdict was obtained for the widow of a foundry worker who died of lung cancer that was not diagnosed until eight years after he retired. The widow will receive $700.00 a week for the rest of her life.

Home Depot
A verdict was won requiring the employer to pay for a state of the art prosthetic leg. The prosthesis cost $51,000.00. The employer will be responsible for the cost of maintenance of the device for the rest  of the worker’s life. Employee was then awarded compensation for permanent disability and lost wages.

NCR
We settled a case on behalf of a widow whose husband died of a deep vein thrombosis, alleged to be due to driving to a business trip. After a full trial, but before the court rendered a decision, the employer, who had previously refused to offer any money, agreed to pay $300,000. 

Catton Brothers
When several employees were seriously injured, including one who died as a result of the injuries sustained in this motor vehicle accident, Frank DiMarzio proved to the court that this was a compensable claim under the Ride Sharing portion. He successfully argued this case before the New Jersey Supreme Court who upheld the lower court’s decision.

Danny's Construction Company
Dennis Baptista won a workers’ compensation award valued at $ 1.3 Million Dollars for a self employed construction worker who became a paraplegic as a result of a fall from a roof while working on his own home. After the payment of this award our client will continue to receive permanent disability benefits and 100% medical coverage for the rest of his life.

Rutgers University
Dennis Baptista obtained a lifetime award of Total Permanent Disability Benefits for a client whose injury confined her to a wheelchair, and additionally received a court order compelling the workers' compensation insurance carrier to pay for special housing to accommodate her handicap.

S&S Roofing
Dennis Baptista was representing a roofer with an eye injury when the roofer sustained a work related death before the claim was resolved – leaving behind no wife, children or other dependents. When it was discovered that the deceased roofer’s girlfriend was pregnant, Baptista obtained workers’ compensation awards totaling $ 550,000. for the unborn child. 

Merck & C
We obtained a lifetime award of Total Permanent Disability Benefits for a client whose work-related injury was a tear of the left rotator cuff. He was able to accomplish this even though the client was subsequently injured and incarcerated for assaulting a police officer.

American Airlines
When the insurance carrier refused to pay for a knee replacement for a worker who fell on his knee, We filed a Motion for Medical Treatment and after taking the testimony of three orthopedic surgeons, the court ordered that the insurance company pay for the treatment and provide temporary disability benefits to the worker while he was out of work. 

Federal Machine
The widow of a member of the Machinist Union was awarded dependency benefits for the rest of her life which we estimate will result in her getting over $400,000.00. The machinist died from chronic obstructive lung disease which was as a result of metal dust he breathed as well as the cigarette smoke.

Johns Manville
After obtaining a lifetime award of Total Permanent Disability Benefits for a worker who suffered asbestos-related lung disease, Dennis Baptista obtained lifetime Dependency Benefits for his widow after he died from this work related injury. 

Cassens Transport
We obtained Total Disability Benefits for a worker who injured his back pulling skids. The client if projected to receive over $1,108,000 during his lifetime.

Monday Morning Inc.
Dennis Baptista obtained an award for lifetime Total Disability Benefits for a worker who sustained a rare adverse reaction to a flu shot that was recommended by her employer - a child care management service. 

J.L.W. Pierson Fuel
After protracted delays, we persuaded several employers to pay the equivalent of over $340,000 to the widow of a worker who was alleged to have worked around asbestos.

Home Depot
We obtained disability benefits approximating $65,000 for a woman who injured her shoulder after falling into a ladder while at work.

Child Development
When a worker who injured her leg and back after being struck by an automobile outside her place of employment sought worker’s compensation benefits, We were able to obtain an award of over $72,000. 

Frank's Truck
After a mechanic suffered an injury to his eye, wesuccessfully obtained disability benefits totaling over $171,000. 

State of NJ
We obtained disability benefits over $162,000 for a worker who was assaulted at work and suffered an injury to her cervical spine.

New York TImes
The New York Times agreed to settle a machinist case as a result of which the petitioner will receive at least nine years of benefits at $742 which is about $332,000 over the nine year period. His payments will come first from The New York Times and then from the Second Injury Fund/State of New Jersey. This machinist who had previously had extensive injuries to his both shoulders was found to be totally disabled as a result of the new work related injury and the prior shoulder injuries. After nine years he will continue to receive $742 for life.

WorkplaceLawyers.com is the website for the workers compensation attorneys firm of Livingston, DiMarzio LLP Our team of attorneys is made up of New Jersey Mesothelioma Lawyers, NJ Workers Comp Lawyers, Employment Lawyers and Certified New Jersey Worker's Compensation Attorneys.