Workers’ Compensation

Capehart Scatchard’s Workers’ Compensation Department has one of the largest workers’ compensation practices in the State of New Jersey with regular court lists in every venue of the State. Our compensation lawyers have established a fine reputation for aggressive claims handling. We regularly counsel clients, including our corporate clients, in the proper handling of work-related injuries prior to the inception of litigation. Should litigation become necessary, we have broad experience in litigating matters at the trial level as well as appeals before the Appellate Division and New Jersey Supreme Court.

As part of our client relations program, we regularly update our clients in workers’ compensation and ADA issues and other related matters with periodic newsletters and publications written by firm attorneys in these fields. We provide on-site seminars and legal updates on key decisions as well as access to our computer and research network.

Representative Matters

Some of the Representative Matters We Have Handled Are:

  • Numerous multi-party second injury fund cases
  • Numerous occupational plant-closing cases
  • The leading case in psychiatric claims in New Jersey, Saunderlin v duPont in which Capehart Scatchard prevailed at the New Jersey Supreme Court level.
  • Extensive experience in catastrophic claims, including cases involving paraplegia and quadriplegia where home modifications and accessible vans were required.

Representative Client List

Our workers’ compensation attorneys represent numerous and very diverse public and private entities including municipalities, boards of education, insurance carriers, third party administrators, and self-insured companies in the defense of workers’ compensation matters. Some of our representative clients include:

Private Corporations

  • Amazon
  • Atlantic Health System
  • Bergen Regional Medical Center
  • Costco
  • E. I. duPont de Nemours & Co., Inc.
  • ExxonMobil
  • Holman Enterprises
  • Bed Bath & Beyond
  • Marriott
  • Meridian Health System
  • National Freight
  • Nordstrom
  • St. Barnabas Health System
  • Verizon
  • Wal-Mart Stores
  • International Paper

Insurance Companies and Third Party Administrators

  • Ace/Esis
  • AIU Claim Services
  • Berkley Risk Managers
  • D&H Alternative Risk Solutions
  • Gallagher Bassett
  • Inservco Insurance Services
  • Liberty Mutual Insurance Company
  • PMA Insurance Company and Management Corporation
  • Qualcare
  • Sedgwick Claims Services

Public Sector

  • 120 New Jersey school boards including Northeast Bergen School Pool, PIP Pool
  • Mercer County
  • New Brunswick Board of Education
  • Numerous municipal Joint Insurance Funds
  • Numerous New Jersey municipal authorities in Burlington, Camden, and Monmouth Counties.
  • Rutgers University

Firm Experience and Highlights

The Department boasts five lawyers who have been named Certified Workers’ Compensation Lawyers as designated by the New Jersey Supreme Court.

The Department has published a number of articles on various subjects listed below. Also, the Department features Geaney’s New Jersey Workers’ Compensation Manual for Practitioners, Adjusters, and Employers.

Articles

  • New Jersey Lawyer TRIAL LAW insert, “Medical Expense Landmines: Clearing the Workers-Comp Benefit Highway, April 2007.
  • Government Finance Officers’ Association of New Jersey Report, “Five Absence Management Protocols for Workers’ Compensation Injuries in New Jersey,” April 2007.
  • New Jersey Lawyer, “The Top Three in WC,” December 2004.
  • Clinics in Occupational and Environmental Medicine, “The Relationship of Workers’ Compensation to the Americans with Disabilities Act and Family and Medical Leave Act,” May 2004
  • Across the Table, “Unresolved Issues: HIPAA and Workers’ Compensation,” May/June 2003
  • The Bottom Line, “The Decline of the Independent Contract Benefit Defense in New Jersey,” November 1999.
  • New Jersey Municipalities, “How to Design a Modified Duty Program,” October 1999.
  • The Bottom Line, “The Benefits of Modified Duty Policies,” September 1998.
  • New Jersey Municipalities, “Workers’ Compensation Away from the Worksite,” June 1998.
  • New Jersey Municipalities, “Managing Employees with Psychiatric Disabilities,” November 1997.
  • New Jersey Municipalities, “Seven Steps to Reducing Workers’ Compensation Costs,” April 1997.

Manual

  • “Geaney’s New Jersey Workers’ Compensation Manual for Practitioners, Adjusters, and Employers,” a bound book co-distributed by the New Jersey Institute for Continuing Legal Education. 2005, 2006, 2008, 2009, 2011 editions.
  • “Guide to Employment Issues under the ADA and FMLA for Practitioners and Employers,” a bound book created especially for Firm clients and contacts. 2004 and 2006 editions.
  • “Workers’ Compensation Manual for Adjusters and Employers in New Jersey,” a bound book created especially for Firm clients and contacts. 2003.