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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.

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, Glenn Kaplan secured a settlement of $32,500.00.

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

Next Day Fliers 
Glenn Kaplan reached a settlement 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. Settled by Glenn Kaplan 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 for Glenn Kaplan’s client  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. Glenn Kaplan got a settlement for neck and back injuries in the amount of $133,920.00.

Dow Chemical
Permanent disability benefits were awarded to Glenn Kaplan’s client 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
Glenn Kaplan got a settlement 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
Glenn Kaplan got a settlement for a 51 year old construction worker with spinal injuries that is calculated to pay out over $1,050,000.00.

Campbell Foundry
Glenn Kaplan won a verdict 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
Glenn Kaplan won a verdict 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.