The Fight to Get Injured Workers Treated and Paid with Michael Tomasino

What happens when a workers' compensation attorney who spent a decade working restaurant floors before law school walks into court against thousand attorney insurance defense firms and wins?In this episode of Victim to Victory, Lawrence LeBrocq of Garces, Grabler & LeBrocq sits down with Michael Tomasino, one of the top workers' compensation attorneys in New Jersey, who leads the firm's workers' compensation department and is on pace to secure roughly $15 million in settlements for injured workers this year.Tomasino breaks down why New Jersey is one of the hardest states in the country to be an injured worker, from its lack of a bad faith statute to insurance carriers who control the medical treatment. He explains how GGL forwards clients for treatment the same day they retain the firm, how occupational injuries differ from traumatic ones, and how third-party claims and workers' comp claims interact. As he puts it, "There's essentially no ramification for the carrier or the employer in the event that the claim is wrongfully denied."In this episode you will learn why documenting a workplace injury immediately can make or break a claim, how New Jersey's directed care system lets insurers steer your treatment, what separates an occupational injury from a traumatic one, how third party negligence claims stack against workers' compensation, why claim values have risen while defense has grown far more aggressive, and what to do the moment you are hurt on the job.What You'll Learn:Directed Care Trap: New Jersey is one of only two states where the insurance carrier, not your own doctor, controls your treatment, which often leaves injured workers waiting months without imaging or specialists.No Bad Faith Statute: With no penalty for wrongfully denying a claim, carriers stall, and Tomasino explains how early documentation forces their hand in court.Same Day Unauthorized Treatment: GGL forwards clients to its own panel of physicians the day they sign, so treatment and diagnostic imaging start immediately rather than months later.Occupational Low Back Syndrome: Repetitive bending and lifting in warehouses and logistics work causes far more claims than the classic carpal tunnel example, and these claims are denied almost every time in New Jersey.Third Party And Comp Interplay: When another driver or party causes your workplace injury, you may hold two claims at once, and strategy from day one determines where the money comes from.Rising Value, Rising Fight: Claim values have climbed with inflation, but so has the aggression of large out-of-state defense firms fighting every case.Show Notes & Key Timestamps:[00:00:00] Welcome and IntroductionsLawrence LeBrocq, managing partner and CEO of Garces, Grabler & LeBrocq, opens the show and introduces Michael Tomasino, one of the top workers' compensation attorneys in New Jersey, noting Tomasino works seven days a week and is projected to reach roughly $15 million in settlements this year.[00:01:00] Why He Became a Workers' Comp LawyerTomasino traces his motivation to a family of union members and his own decade working full-time in restaurants. He argues that knowing how to operate a pallet jack or an immersion blender gives him a different understanding of injured workers than legacy attorneys who never held a non-lawyer job.[00:02:06] The Changing Face of Workplace InjuryTomasino describes the range of cases GGL handles, from the quintessential scaffold fall to a new class of logistics and gig economy injuries involving Amazon Flex, Uber, and Lyft drivers. He notes the types of accidents seen today look very different than those before the pandemic.[00:03:41] What To Do When You Are Hurt At WorkTomasino lays out the first steps: report the injury, request medical treatment, and draft an incident report so there is proof. He warns that employers sometimes instruct workers headed to the hospital to deny the injury happened at work, and urges honesty with treating physicians.[00:04:52] Why Documentation Decides The CaseTomasino explains that New Jersey has no bad faith statute, so there is little consequence when a carrier wrongfully denies a claim. Early proof that the accident occurred at work lets him convince a judge at the first or second hearing and shortens the gap where an injured worker gets no treatment or pay.[00:06:25] How Insurers Control Your TreatmentTomasino describes how a carrier steers injured workers to a walk-in clinic and lets them treat for months without real diagnostic imaging or specialists. Many workers go half a year without knowing what is wrong before they retain an attorney.[00:07:29] The GGL Unauthorized Treatment ModelTomasino explains what sets the firm apart: forwarding clients to doctors GGL directs, often the same day they retain the firm. This guarantees immediate treatment, early diagnosis through MRIs and CT scans, and the medical records needed to prove a worker cannot return to the job.[00:08:56] Piecing Together The BillsTomasino compares assembling denied claims to a puzzle, gathering records and bills from every hospital, physician, and imaging center involved. He notes that a single hospital visit that once produced 20 pages now generates thousands of pages and dozens of separate bills, and that fewer than 3 percent of cases are authorized from the start.[00:11:30] Third Party Claims Versus Workers' CompTomasino explains the difference between a first-party workers' compensation claim and a third-party negligence claim, using a work truck rear-ended by another driver as the example. He details how workers' comp is primary in New Jersey and how the two claims interact, including the lien that must be paid back.[00:16:30] Occupational And Repetitive InjuriesLawrence and Tomasino go beyond carpal tunnel to occupational low back syndrome and other repetitive bending and lifting injuries common in warehouse and logistics work. Tomasino describes workers lifting hundreds of heavy packages an hour and the damage done to spines, knees, and shoulders.[00:18:16] Why Occupational Claims Get DeniedTomasino explains that occupational claims are almost always denied in New Jersey, forcing the firm to sue the employer and every insurance carrier across the exposure period, sometimes fighting a dozen defense lawyers at once. He points to GGL's statewide panel of nearly 60 subspecialists as the reason clients still get treated.[00:20:37] Trends Reshaping Workers' CompensationTomasino flags national trends, including whether rideshare drivers qualify for benefits, and notes New Jersey has not yet followed states that presume these drivers are employees. He explains that inflation has pushed claim values up while large out-of-state defense firms now litigate cases far harder.[00:23:12] Key Takeaways And Why Call GGLTomasino distills his advice: report the injury, get an employer report, seek treatment, be honest with physicians, and track your bills. He closes on why clients should call the firm, citing over $500 million recovered in New Jersey workers' compensation claims, the largest physician panel in the state, and certified trial attorneys in both practice areas."Many times, what we see is employers will instruct individuals who are en route to the hospital to deny that the accident occurred at work."Quote from Michael Tomasino, workers' compensation attorney at Garces, Grabler & LeBrocqWhether you are an injured worker unsure of your next move, a warehouse or gig economy driver wondering if you are covered, or an attorney trying to understand how comp and third-party claims fit together, this episode is required listening.Connect & Learn More🌐 Garces, Grabler & LeBrocq https://ggllawyers.com/contact-us/📍 Serving injured workers across all of New JerseyVictim to Victory is the authority in NJ personal injury. New episode every week.