Actual - Legal

Things Every Employee Should Know About Workers’ Compensation

1.) In New Jersey, an employer CANNOT retaliate against an injured em

According to USFDA, a combination product is one composed of any combination of a drug and device; biological product and device; drug and biological product

ployee for seeking Workers’ Compensation benefits.

By a law known as the New Jersey Workers’ Compensation Act, you have the right to repo

; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.

Examples of combination products may in

rt your injury to your employer and seek benefits. There are thousands of Workers’ Compensation claims filed every year.

An employer that pen

lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.

alizes or terminates an employee for exercising his or her rights under the law exposes itself to civil and criminal penalties, including fines and pos

here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe

sible imprisonment. In addition, the law mandates that an employee who is terminated because of having sought Workers’ Compensation benefits is to have

d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.

Combination pro

his or her employment restored and is to receive all of the back pay to which he or she would otherwise have been entitled upon restoration to employm

ucts have become life saving products for the pharmaceutical companies who doesn’t have many innovative molecules in their product pipeline and have been inc

ent.

As a practical matter, we have found that employers virtually never terminate or punish in any way an employee who sought Workers’ Compe

easingly used in the product life cycle management. Even the companies having product patents are trying to extend their product life cycle through the combi

nsation benefits for a job-related injury. Employers know such action is illegal and understand that they will be penalized in the most severe way if t

nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically

hey attempt to do so.

2) All New Jersey employers are required to make Workers’ Compensation benefits available to employees.

and physically. They need to rightly judge the benefits of the combination products and they have to even look at the risks involved when combining the produ

An employer’s failure to make Workers’ Compensation benefits available can result in severe penalties.

3) Workers’ Compensation benefits

ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi

are paid by the employer’s insurance company, not the employer itself.

Your employer will not be paying for your benefits out of its pock

ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.

Following aspects would a

et when you file a Workers’ Compensation claim. Benefits are paid by the insurance company which provides Workers’ Compensation coverage to the employe

dd to the challenges in developing combination products:

Which markets to tap where the combination products can do fairly well?
Which combination prod

r.

4) Consult an Attorney

When you have been injured on the job, it is essential that you protect your rights.

You

cts are meaningful and rational?
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin

r first step is to speak with an attorney who will help you understand your Workers’ Compensation entitlements. Those entitlements include lost wage re

tions increase the patient compliance?
What would be the developing cost?
How to tackle the risks encountered during combination product developmen

placement benefits if you are unable to work because of your injury. You are also entitled to medical treatment, paid by your employer’s insurance comp

t?

As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel

any. And, you can receive permanent disability benefits for the pain and loss of functioning you have suffered.

Your meeting with your PR&A a

ping new procedures for reviewing their safety, efficacy and quality.

Professional from academic institutions, pharmaceutical industries, health care indust

ttorney is strictly confidential.

The attorney cannot charge you a fee for the consultation or for any work that is done on your behalf in yo

y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products

ur case. The Judge of Compensation will assess a counsel fee at the end of the case that amounts to no more than 20% of the award you receive. In addit

.

As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de

ion, in most cases, the employer’s insurance company will pay most of the fee.

5.) Don’t let fear silence you.

You should un

elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.

Companies that provide selfless information through particip

derstand that if you do not protect yourself by consulting an attorney after you have been injured on the job, you risk losing your legal rights

tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products

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