The Importance of Being Honest in NJ Workers’ Compensation Cases

Workers’ Compensation Attorneys Serving Clients in Princeton, Ewing, Hamilton, Pennington and across Mercer County, NJ

The Importance of Being Honest in NJ Workers' Compensation CasesThe concept of insurance fraud continues to find its way into the New Jersey Workers’ Compensation claims. Insurance carriers are now directing their lawyers to pursue fraud claims against injured employees as a means to terminate medical and monetary benefits. However, the nature of this fraud does not always lie in acts that could be recognized as “obvious.” An obvious example would be when an employee exaggerates the severity of their medical condition and is later found engaging in activities inconsistent with the nature of their complaints. Another obvious example is when an injured employee is found collecting money while engaged in a work-related activity which is more strenuous than the work they performed for their employer.

Legitimate Claims and Disabled Employees

Unfortunately, there are allegations of fraud being made against disabled employees with legitimate claims. These employees are complying with the instructions of their treating physicians and adhering to the directions of their insurance adjusters. Nonetheless, the insurance carriers are attempting to terminate their obligation to provide benefits by invoking N.J.S.A. 34:15-57.4. This is a New Jersey law holding that an employee is guilty of fraud if they file a workers’ compensation claim for medical or temporary disability benefits when they know that the claim contains false or misleading information. A violation of this statute under the New Jersey Criminal Code is a crime of the fourth degree, which could subject the person to a sentence of up to 18 months in county jail. The penalty in workers’ compensation court is the termination of all benefits and an order to repay back the benefits already received.

Insurances Carries and Fraudulent Actions performed by employees

Insurance carriers in New Jersey are bringing fraud actions when they believe they can prove that an employee knowingly failed to reveal prior injuries, accidents, or other claims. This is because the employee filing the claim has an obligation to notify either the treating physician, the evaluating physician, or the insurance carrier insuring their employer of these other factors.

The success or failure of the insurance carrier’s approach in these cases is almost completely in the hands of the workers’ compensation judge who is assigned to the case.

However, there is some guidance for judges when confronted with a fraud claim.

  • First, the alleged infraction must be more than an inaccurate or inconsistent statement made during the course of treatment. Many people cannot recall the names or dates of physicians who treated them for injuries in the past – especially those individuals with a lengthy personal injury history.
  • Second, the alleged infraction must be more than an omission of prior diagnoses to their treating physician. Many people cannot recall all of the tests performed or their test results. It is enough that the injured employee informs his treating doctor that they had a prior injury to the area of the body which they are alleging arose out of the work-related accident.

Keep in mind that major treatment, such as surgery or the recommendation for surgery, is also information that should be shared with your physician. This is common sense, as you want your doctor to know your complete history so that you can receive the very best treatment available to you.

As a general rule, if you are injured at work, you need to be honest with your doctors. Follow their directions and restrictions at all times.

Contact our Trenton Personal Injury Staff of Attorneys

If you have any questions about your obligations when injured, please contract Kamensky, Cohen & Riechelson we have experienced attorneys in Princeton, Ewing, Hamilton, Pennington and across Mercer County, New Jersey.

Don´t hesitate to schedule an initial consultation by calling (609) 528-2596 or visiting our website and fill out an online form.

Video – Commercial Litigation Attorneys of Trenton, NJ & Bensalem, PA

Commercial law and litigation is a complex and broad area of the law with many different faces and facets. However, it is an area of law that must be taken very seriously by any business, be it a large company, budding start-up or an independent entrepreneur. Sheltering your business from liability as well as unfair or illegal activity by competitors is crucial to obtaining a foothold or expanding your presence in the market.  In any business dispute it is always better to be pro-active and take the fight to your opposition. To do this an experienced, skilled, tenacious and aggressive advocate is a must.

Since 1972, Kamensky Cohen & Riechelson has provided businesses with legal representation and advice in Trenton, Princeton, Lawrence, Hamilton, New Brunswick as well as all over Mercer County New Jersey including Bensalem, Northeast Philadelphia, Levittown, Feasterville, Millbrook, Penndel and all over Bucks County Pennsylvania. Our firm is highly experienced and skilled at getting results. Our legal team is comprised of skilled negotiators and tenacious attorneys who know how to win for you in the courtroom. Our team of lawyers includes a certified trial attorney who has been selected for inclusion in the prestigious NJ “Super Lawyers,” meaning they are in the top five percent of all New Jersey lawyers. Contact us online or by phone in New Jersey at (609) 528-2596  or in Pennsylvania at (215) 337-4915.

Common Legal Needs for Mercer County & Bucks County Businesses

Small and mid-sized businesses may often feel that effective legal advice and representation is a luxury that they cannot afford.  The truth is many different types and sizes of businesses in New Jersey need legal assistance at one time or another and when that time comes it is something that, in reality, they cannot afford to be without. The experienced and skilled business litigators at KCR handle a broad range of commercial litigation matters, including:

  • Corporate litigation – We aid our corporate clients with company formation, shareholder or partnership disputes, asset sales and purchases, as well as mergers and acquisitions.
  • Contract disputes – We represent business owners, employers, and employees in contract disputes of all kinds.
  • Restrictive covenants – We closely examine the provisions of confidentiality agreements to ensure that your legal rights, intellectual capital and interests are protected at all times.
  • Injunctive relief – We help you enforce a non-disclosure agreement or non-compete agreement.
  • Trade secrets – We will prevent your competitors from misappropriating your valuable business secrets and intellectual property.
  • Consumer protection – We aggressively protect victims of consumer fraud.
  • Commercial real estate litigation – We assist businesses, landlords, tenants, and homeowners in a wide range and variety of real estate disputes.

Discussion with Penndel Attorneys About Commercial Litigation

We’ve been handling commercial litigation for approximately twenty years, it’s an area that we grew into very good at the litigation aspect of it. We know that when you get involved in a commercial litigation situation there are many unknowns and uncertainties that you’ll face and it’s our goal to assist you.

We are contacted by individuals who are part of a group corporation an LLC or some other business form and they need our help, they need our help for labor issues, employment issues and for litigation issues, we have expertise in transactional commercial work in commercial litigation and we have a department devoted solely to labor law.

What they really need to be looking for is a firm that is experienced in litigation and has expertise in their area.

This firm has a wide experienced group of attorneys who are involved in many different areas of the law.

What you want first is a deal-maker, not a deal breaker and we have people that have years of experience in bringing things to a resolution.

Contact Our Skilled and Experienced Lawrence Commercial Litigation Attorneys Today

The experienced and skilled business litigation attorneys at Kamensky Cohen & Riechelson are ready, willing and able to handle your case and meet all of your business needs. For more than 40 years we have represented our business clients in a variety of corporate matters, from straightforward transactions to complex litigation issues. We are experienced and adept at helping to resolve business disputes to the satisfaction of our clients. Contact us online or by phone at (609) 528-2596 in New Jersey or (215) 337-4915 in Pennsylvania. Our knowledgeable attorneys will be happy to answer all of your questions and advise you on the most effective legal options available for your business.

Video – Drug Crime Attorney in Trenton, NJ

Because law enforcement takes any violation of drug laws extremely seriously there is no such thing as a “minor” drug charge in New Jersey or Pennsylvania. If you are found by police in possession of even a single marijuana joint or evidence of drug paraphernalia in your vehicle, you may be arrested and charged with very serious drug possession offenses. These are offenses that can carry some very strict penalties.  Moreover, in drug cases prosecutors will often seek maximum punishments.  A conviction could lead to significant prison time, stiff fines as well as a permanent criminal record that be very damaging to your life going forward.

The esteemed law firm of Kamensky Cohen & Riechelson has a proven track record of success and more than 40 years of experience handling drug crime cases in New Jersey and Pennsylvania. Our lawyers have successfully defended numerous clients against charges of drug possession and drug distribution throughout Mercer County, including Lawrence, Princeton, and East Windsor. Our legal team is comprised of skilled negotiators and tenacious attorneys who know how to win for you in the courtroom. Contact us online or by phone in New Jersey at (609) 528-2596  or in Pennsylvania at (215) 337-4915

Common Drug Offenses Mercer County Drug Offense Attorneys

Being arrested for drug possession or drug distribution in New Jersey is serious. Seeking representation from an experienced lawyer as soon as possible should be your first step. Do not give any statements to the police without first securing qualified legal counsel. Kamensky Cohen & Riechelson handles drug crime cases in New Jersey courtrooms regularly. Some of the most common drug charges that we have successfully defended clients against include:

Trenton Drug Offense Attorney Discusses Drug Charges and Penalties

Drug penalties have increased dramatically throughout the years, what used to be minor offenses are major offenses and it’s really important that we get ahead of that game do our investigation before the police have nailed down every witness and done every bit of their investigation.

It’s my job to get to work and build a real case that defends you, we need to get the witnesses on our side, what we need to do is show the prosecution that we’ve got a strong case, because our strong case makes their case a weak case that’s when we bring them to their knees instead of them bringing you to your knees.

When you call us, we’ll get to work for you. It’s a wide range of drug problems it’s a wide range of drug prosecutions they all take a little bit different approach we know the approach, know the prosecutors and we know what to do to get you the best outcome possible.

Contact Our Mercer County and Bucks County Criminal Defense Attorneys Today

Since 1972, we have defended clients in Trenton, Princeton, Lawrence, Hamilton, New Brunswick and all over Mercer County NJ as well as Bensalem, Northeast Philadelphia, Levittown, Feasterville, Millbrook, Penndel and all over Bucks County PA, from all types of drug related charges.

Kamensky Cohen & Riechelson is a highly experienced firm skilled at getting results for our clients. Our legal team is made up of skilled negotiators and tenacious attorneys who know how to win for you in the courtroom. Our team of lawyers includes a certified trial attorney who has been selected for inclusion in the prestigious NJ “Super Lawyers,” meaning they are in the top five percent of all New Jersey lawyers. We are led by Jerrold Kamensky, and our accomplished and top notch team of attorneys are second to none and have a proven record of success defending our clients against criminal prosecution. Contact us online or by phone in New Jersey at (609) 528-2596  or in Pennsylvania at (215) 337-4915

 

Video – Employment Lawyers Mercer County NJ

Our workplace and work space are important parts of all of our lives. It is where we go to contribute to our communities, ply our trades and provide for our families.  For this reason issues such as discrimination, harassment or mistreatment in the workplace can cause high amounts of stress and worry as well as be both financially and emotionally disastrous. Moreover, because of our financial security and that of our families is based on our employment, we may feel fearful of repercussions if we speak out. However, it is important to remember that strict employment law governs the treatment of workers in New Jersey, Pennsylvania as well as the rest of the United States. These laws dictate the treatment and safety of workers and provide avenues for relief and compensation for those workers who are not provided with a safe and ethical work environment.

Beginning in 1972, Kamensky Cohen & Riechelson has championed workers and workers rights in Trenton, Princeton, Lawrence, Hamilton, New Brunswick as well as all over Mercer County New Jersey including Bensalem, Northeast Philadelphia, Levittown, Feasterville, Millbrook, Penndel and all over Bucks County Pennsylvania. Our firm is highly knowledgeable and skilled at getting results for employees who have been discriminated against, harassed or otherwise mistreated. Our legal team is comprised of skilled negotiators and tenacious attorneys who know how to win for you in the courtroom. Contact us online or by phone in New Jersey at (609) 528-2596  or in Pennsylvania at (215) 337-4915.

Common Employment Issues KCR Has Addressed in Pennsylvania and New Jersey

Our attorneys are prepared to handle a wide range of employment law matters, including:

  • Hostile work environment – Employers are required to take precautions to ensure that employees do not feel uncomfortable in the workplace because of race, sex, age, or any other protected category.
  • Wrongful termination – We will seek job reinstatement, lost wages, and compensatory and punitive damages for employees who were wrongly terminated.
  • Sexual harassment – Employers can be liable for severe and pervasive sexual harassment in the workplace.
  • Employment contracts – A skilled and knowledgeable attorney can help you negotiate favorable contractual terms to secure maximum benefits and minimize your legal obligations. We can also help you seek damages when your employment contract is breached.
  • Equal pay – The New Jersey Equal Pay Act protects all workers against salary discrimination on the basis of gender.
  • Employment discrimination – Workers are protected against workplace discrimination on the basis of race, sex, age, religion, or disability.
  • Whistleblower retaliation – Your employer can not retaliate against you for reporting wrongdoing or participating in an investigation into the employer’s unlawful practices.
  • Unemployment compensation – We help terminated employees seek and gain unemployment benefits.
  • Severance packages – We negotiate with employers to secure maximum benefits for employees in the event of job termination.

Trenton Employment Law Attorney Discusses Protecting Yourself Against Employer Retaliation

Oftentimes people are concerned about challenging their employer for wrongful acts because they’re concerned about retaliation. If you’re having a problem with your employer it can take on many different shapes, it could be a discrimination issue, it could be a wrongful termination issue for a wide variety of reasons.

The best thing you can do is consult with your lawyer, we can tell you what to do to protect yourself from any retaliation, we’ve litigator them all and we’ve negotiated them as well.
Come and see us we can help you decide how to approach the situation you’re in with your employer

Contact Our Skilled and Experienced Levittown Employment Law Lawyers Today

The experienced and skilled employment law attorneys at Kamensky Cohen & Riechelson are ready, willing and able to handle your case and bring it to a successful resolution for you and your family. For more than 40 years we have represented workers in a variety of employment issues. We have the experience and skill to help to resolve employment disputes to the satisfaction of our clients. Contact us online or by phone at (609) 528-2596 in New Jersey or (215) 337-4915 in Pennsylvania. Our knowledgeable attorneys will be happy to answer all of your questions and advise you on the most effective legal options available for you.

Congratulations to Our Partner Kevin S. Riechelson

Congratulations to our partner Kevin S, Riechelson

Though the award winning legal career of our partner Kevin S. Riechelson has been extensive we are pleased to congratulate him on yet again receiving the highest possible rank in the prestigious Martindale-Hubbell® Peer Review Ratings™ in both legal and ethical standards.

Martindale-Hubbell Peer Review Ratings recognizes only the top 10% of attorneys; making his inclusion in this distinguished list for the 4th year in a row a true honor and a testament to his professionalism as well as his dedication to the highest legal and ethical standards.

The Distinguished Legal Career of Attorney Kevin S. Riechelson

Mr. Riechelson, is currently Managing Partner at the Pennsylvania practice of Kamensky Cohen & Riechelson.  He has been involved in a variety of complex litigation including product liability, construction, toxic tort, mass tort and multi-district litigation, fire damage, premises liability, private and commercial motor vehicle, assault and battery and other general litigation cases. In addition Mr. Riechelson has spoken on and given presentations about various aspects of the Law including New Jersey Auto Insurance issues, the use of Technology & the Internet in the Law Profession, and Products Liability.

After graduating with honors from Temple University School of Law in 1990, Mr. Riechelson began his legal career at the Pennsylvania Department of Transportation and later became a Partner in the Philadelphia Law Firm of Margolis Edelstein. Later he became the Managing Attorney for the Trenton Office of a New Brunswick New Jersey based Law Firm.

Moreover, Mr. Riechelson holds a degree from Drexel University in Business Administration/Accounting. As a partner at Kamensky Cohen & Riechelson, Mr. Riechelson is responsible for all aspects of general litigation cases with particular emphasis on complex Commercial and serious personal injury matters as well as nursing home abuse cases.

At the Pennsylvania offices of Kamensky Cohen & Riechelson, Mr. Riechelson has built a stellar reputation focusing on several critical areas of the law including but not limited to:
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The Experienced, Skilled and Dedicated Legal Team of Kamensky Cohen & Riechelson

Kamensky Cohen & Riechelson is a highly experienced firm skilled at getting results. Our legal team is comprised of skilled negotiators and tenacious attorneys who know how to win for you in the courtroom. Our team of lawyers includes a certified trial attorney who has been selected for inclusion in the prestigious NJ “Super Lawyers,” meaning they are in the top five percent of all New Jersey lawyers. We are led by Jerrold Kamensky, and our accomplished and top notch team of attorneys have a proven record of success defending our clients against criminal prosecution as well as helping injured people and their families obtain fair and just financial compensation for their losses.

Since 1972, we have worked with clients in Trenton, Princeton, Lawrence, Hamilton, New Brunswick and all over Mercer County NJ as well as Bensalem, Northeast Philadelphia, Levittown, Feasterville, Millbrook, Penndel and all over Bucks County PA, on all types of legal matters such as employment law, traffic violations, workers’ compensation, commercial law, criminal defense as well as personal injury to name but a few.

Contact the New Jersey and Pennsylvania Lawyers at KCR for Any Legal Assistance You May Need

Good legal advice and representation can be absolutely critical. No matter what legal dilemma you may be facing it is important to have a skilled and tenacious advocate in your corner. The experienced and compassionate lawyers at Kamensky Cohen & Riechelson look forward to speaking to you about your case and helping to guide you through the often difficult legal process. Contact us online or by phone in New Jersey at (609) 528-2596  or in Pennsylvania at (215) 337-4915.