Levinson Axelrod, P.A. Partner Rich Marcolus recently prevailed in re-opening a workers’ compensation claim and securing a six-figure settlement for a concrete worker who was injured in the course of his employment.
Handling the case from our Belford office, Rich represented a concrete worker who was struck in the face when a concrete saw kicked back unexpectedly. As a result of the incident, our client suffered head and facial injuries that resulted in headaches, facial scarring, and trigeminal neuralgia a type of chronic pain disorder involving sudden attacks of severe pain in the cranial nerve that provides feeling and signalizing to parts of the head and face. The condition is also known as tic douloureaux.
Because our client had obtained a previous settlement in his original claim, Rich needed to re-open the case and seek an increased award. And while the workers’ compensation insurance carrier disputed our client’s diagnosis and the extent of his disability, Rich was able to successfully re-open the case and obtain an additional $100,000 in benefits, which, when combined with he $190,600, brings our client’s total recovery to $290,600.
This case serves to highlight the importance of securing re-opener rights in workers’ compensation cases, particularly when workers have suffered severe injuries that may result in lasting disabilities, changing medical needs, or additional medical treatment in the future. It’s why Rich often works to ensure that settlements for clients with these types of injuries also include language giving them the right to re-open cases for a specified amount of time in the future.
Rich Marcolus is a Levinson Axelrod, P.A. Partner and Shareholder, a New Jersey Supreme Court Certified Workers’ Compensation Specialist, and a current union member (NRCC Carpenters Local #253 Union) who once earned his living as a carpenter in construction. Over his many years in practice, Rich has leveraged his extensive experience and insight to help workers across the state secure millions of dollars in compensation and needed benefits. Most recently, Rich obtained a six-figure settlement for the widow of a chemical worker who died from bladder cancer.