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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.

Specialty Surgery of Middletown
A Toms River critical care nurse injured at work previously received a 2012 award for $112,095 following a cervical discectomy and fusion with instrumentation at 2 levels. The nurse was represented by Livingston DiMarzio who subsequently re-opened her case in 2014 after the neck pain resurfaced. Additional treatment was secured for the client. After going on to have 2 additional surgeries with removal or previously placed hardware, additional fusions and replacement of hardware, the firm was able to negotiate a new settlement for $147, 075. The client was also able to return to work fulltime as a pediatric ICU nurse.

Mid Hudson Fork Lift
In May of 2008, our client was hit by a truck at a construction site suffering multiple bulging and herniated disk to his neck and low back. He subsequently had a cervical fusion with disk replacement followed by a second surgery in which the fusion was revised. After his personal injury suit settled, he received less than $20,000. Frank DiMarzio took on the worker's comp case in 2015, filing a Second Injury Fund petition alleging total disability as a result of prior and work-related injuries. After a full trial, Frank DiMarzio won the client total disability benefits retroactive to the day of the 2008 injury, or $111,111.00. The petitioner was also awarded $1,347.52 per month for the rest of his life.he rest of his life.

Dixon Brothers Oil Co.
The Petitioner previously received $45,000 for a right shoulder injury he suffered while working as a fuel truck driver for his old company. While working for his new employer, Dixon Brothers Oil Co, the client injured both his right shoulder and left shoulder. Though the employer admitted that both injuries were work-related, they refused to admit that our client was totally and permanently disabled. The case was litigated against the largest insurance company in State. Following the breakdown of settlement discussions, Craig Livingston took the case to trial and won the client total permanent disability resulting in a gross award of $231,336.00, $50,000.00 more than what was previously offered.

Home Depot
Our client developed a deeply aggressive form of asbestosis and restrictive lung disease following a career as a tile installer working with asbestos latent tiles. The disease ultimately left him totally and permanently disabled as of 2015. The client was ultimately concerned about securing payments for his wife prior to his death. With this in mind, Livingston DiMarzio was able to negotiate a settlement of $225,000.00 The petitioner was also able to receive Social Security Disability and maintain his right to receive payments in from any future personal injury settlements against manufacturers of asbestos latent tiles.

Raritan River Garage, Inc.
The Widow of a Raritan River Garage mechanic alleged that her husband’s exposure to asbestos while repairing brakes and truck clutches over a 13 year period caused his death from mesothelioma. Subsequent to preparation of the case by Craig Livingston and a full trial on the issues in Ocean County, the widow was awarded $379,129 in Workers' Compensation benefits.

Costco 
The Petitioner injured her ankle as a gas station attendant. She returned to light duty after 3  months then, 3 months 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 deceased 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 the 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. The 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 a 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, we successfully 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.