Pallitto Law, LLCPallitto Law, LLCWhen you are hurt or injured while performing your duties as an employee, there is a specialized area of the law that allows workers to recover money damages including lost wages, medical bills and a permanency award for pain and suffering. Under New Jersey Law, employers are required to have workers’ compensation insurance in order to pay these benefits. Workers’ compensation covers all physical injuries including neck, back and shoulder injuries, broken bones, damage to discs, foot, leg, knee, and ankle injuries, amputations, brain injuries, burns, hearing damage, and any other occupational-related disease or death. In fact, even if your condition was aggravated by working at your job, you are entitled to workers’ compensation benefits. One of the benefits of workers’ compensation is that it’s a no- fault system, which means you can file for and receive benefits no matter who was at-fault for the accident that left you injured. You will not be required to prove in court that the workplace accident was caused by the negligence of your employer, a co-worker, a vendor, or a contractor. You also cannot be denied benefits because your employer claims you were at-fault for the accident that led to your injuries. Despite it being a no-fault system, you can still be denied workers’ compensation benefits for a myriad of reasons. If you are hurt on the job please call Pallitto Law, LLC to learn more about filing a workers’ compensation claim petition to recover damages for your injuries and losses.
There are times when one might find themselves in need of representation during the course of their employment. Never go into a hearing or interview without first knowing your rights and having consulted with representation. Pallitto Law offers representation in various employment situations. Having litigated many Civil Service, Union, and PBA cases, Georgina has immense experience in not only the process, but all what it takes to prevail at each step.
i. Administrative Hearings
The first step in any disciplinary process usually entails a
hearing before the appointing agency or employer who is
recommending the charges. This typically occurs at the place of
employment and are ruled on by a hearing officer appointed or
paid for by the employer. Although this may seem informal, it
can have a huge impact on a person’s job and livelihood. It can
also influence eligibility for future promotions. Never go into
an administrative hearing without an advocate.
ii. Administrative Appeals
If the decision at the administrative hearing is unfavorable, an
employee has a right to an appeal. The forum for said appeal is
determined by the penalty imposed in the Administrative Hearing.
If the employee is successful, they will likely be due backpay
including any loss compensation time.
If the penalty imposed was less than five (5) days suspension,
the matter would instead be appealed to an arbitrator. An
arbitrator is someone not affiliated with the employer, but
agreed upon by the two parties. The agency would have to re-
present its case and the employee can offer any defenses. In the
end an arbitrator would render an opinion.
If the penalty was over five (5) days suspension, the appeal
would be heard in the Administrative Law Court. Here, the agency
would have to re-present its case, now before a Judge who would
provide de novo review. If the employee is still unsatisfied
with the outcome, in most cases they have a right to appeal the
case to the Civil Service Commission for final review. This
review by the Civil Service Commission would be conducted by the
submission of papers. A final decision would then be adopted and
published by the Civil Service Commission.
iii. Grievance Hearings
Grievance Hearings are conducted when an employee believes they
have been wronged by an employer. It can be to dispute an unpaid
day, unfair treatment, breach of a contract clause, amongst many
other things. It is an informal process whereby the employee
states their claim and the employer has an opportunity to
respond. It is usually held at the place of employment and ruled
upon by someone within the employee’s department.
If an employee is still unsatisfied with the outcome of a
grievance, they have a right to file for an arbitration. This
would be a new hearing, now conducted before someone not
affiliated with the employer and agreed upon by the two parties.
iv. Waterfront Commission
As home to one of the largest ports in the world, New Jersey is
impacted greatly by the Waterfront Commission who is the
regulatory body for the ports. Obtaining employment at one of
the ports can carry significant income incentives. In order to
get licensed and promoted within the ports, an employee must go
before the Waterfront Commission for review. It is never
recommended to go into such an important proceeding without
first consulting with competent representation. Pallitto Law has
assisted numerous clients before the Waterfront Commission and
can provide both preparation, as well as, representation in the
process.