On behalf of Rosenberg, Kirby, Cahill, Stankowitz & Richardson | Aug 24, 2018 | Workers' Compensation
As with many of the nation’s laws, workers’ compensation varies from state to state. While this allows each state its own freedom, it can also prove confusing and even overwhelming for employees. New Jersey employees who have been injured on the job often do not know where to begin. On top of a permanent disability, some must grapple with difficult employers or complex systems. Below is an overview of New Jersey’s workers’ compensation guidelines that may make it easier to navigate the process as a whole.
When it comes to permanent disability, victims are often left with more questions than answers. The Social Security Office of Policy points out that workers’ compensation is the oldest social insurance program in the country — largely without federal influence. With that said, programs can vary greatly in regard to rules and benefits. Most of the complexities lie in the category of permanent disability. The SSOP notes that permanent partial disability makes up over half of all workers’ compensation cases, and that most states list a range of benefits offered for specific losses.
More specifically, New Jersey’s Department of Labor and Workforce Development shares that the state provides both permanent partial and permanent total disability benefits. Permanent partial disability benefits revolve around two categories: “scheduled” and “non-scheduled” losses. The Department goes on to state that scheduled losses involve arms, hands, fingers, feet, toes, legs, ears, eyes or teeth; non-scheduled losses involve areas such as the back or lungs. Permanent total disability benefits apply when an employee loses the ability to return to gainful employment of any kind, and generally result in weekly benefits. One’s exact wages may alter the details of these weekly benefits. Going through a traumatic injury at work is enough of a stressor on its own, but knowing the regulations that can benefit one in times of need can be crucial.
On behalf of Rosenberg, Kirby, Cahill, Stankowitz & Richardson | Aug 24, 2018 | Personal Injury
When a loved one dies, the experience may prove heartbreaking. Yet when a loved one dies due to the negligent act of another person or company, the pain may require serious healing.
The state of New Jersey works to compensate you for your loved one’s wrongful death. It is essential that when dealing with proof of negligence that you hire an experienced attorney to aid you in the process of seeking restitution. You face sadness and devastation after your loved one’s passing, but an attorney can help you bring some monetary peace.
Wrongful death claim definitions
Wrongful death occurs when a loved one dies due to a wrongful act, neglect or defect of another person, company or device. Because the claim acts as a civil claim, you may not seek criminal action against an individual responsible for your loved one’s death, but you may receive significant monetary benefits.
After your loved one passes, you have two years to file a claim in New Jersey court. Utilizing this time, with the help of an attorney, you can collect evidence and grieve in a manner that is not rushed by state laws.
To file a proper claim, you must provide evidence that:
- The defendant had a duty to protect your loved one from injury
- The defendant failed to perform that duty
- Your loved one died because of the defendant’s failure
Damages to be sought in wrongful death settlements
Quantifying the monetary value that the loss of your loved one caused is an essential responsibility by a court in New Jersey. Understand that both monetary loss and emotional damage may require compensation if your loved one passes due to negligence.
Damages may include money related to:
- Hospital bills
- Medical expenses
- Funeral arrangements
- Loss of companionship
- Future lost earnings
If your loved one died due to a person or business’s negligent action, you first want to work toward healing emotionally. New Jersey court works to aid you in receiving compensatory damages due to the monetary loss of your loved one, so that you can focus on grieving with your family members.
On behalf of Rosenberg, Kirby, Cahill, Stankowitz & Richardson | Aug 8, 2018 | Workers' Compensation
Many workers find themselves injured on the job and they may be eligible for workers’ compensation, though they may be denied due to a pre-existing condition. An insurance company or employer cannot deny a claim simply because the employee has a pre-existing injury or condition.
The employee must file the workers’ compensation claim based on a new incident. You must show that that work-related injury aggravated your pre-existing injury or condition. What matters is the evidence that the workplace injury worsened the old injury. A pre-existing condition develops before beginning work in your current position or place of employment. You must have already received treatment for this condition.
You should always report your injuries even if you have a pre-existing condition. Not only is this required by New Jersey’s workers’ compensation law, but it can also help in a dispute with an employer or insurance company.
Is the amount of compensation affected?
While a pre-existing condition is not a valid reason to deny your claim, it can affect the amount of damages you receive. Workers’ compensation will cover costs that relate to the new pain but does not have to cover the initial damage. Therefore, the benefit amount in New Jersey can be prorated based on an earlier injury.
The pre-existing injury does not always affect benefits if the work-related injury is entirely separate and different. A previously broken leg, for instance, would not affect a case where you fell and hurt your back at work.
Many insurers will fight to deny your work injury claim and not pay you what you deserve. They may try to say the condition was your fault or that your work is not liable for any part of the injury. Do not let this stop you from pursuing your claim. There are skilled attorneys ready to help you through the process of workers’ compensation.
On behalf of Rosenberg, Kirby, Cahill, Stankowitz & Richardson | Aug 3, 2018 | Motor Vehicle Accidents
Riding a motorcycle is definitely a thrill, and not making it home after your ride is probably not at the top of your mind when you’re flying down the road. However, motorcycle accidents do happen, and it is good to be prepared before you get into one.
When comparing motorcyclists to every other vehicle on the road, they are the most vulnerable group. Two wheel motorists are 27 percent more likely to be injured or killed in an accident.
Before you go out on a ride
Preparing for a potential crash is the best way to avoid a crash. Before you hop on your bike, make sure you:
- Are legally licensed
- Are not intoxicated
- Have checked your bike for safety
- Have insurance, both health and motorcycle
- Have safety attire
If you get into an accident
Accidents are not always preventable, so when you get into an accident make sure you follow these important steps.
- Step 1 – Safety First: Before doing anything else, make sure you are okay. Not being in a confined vehicle with airbags makes you much more prone to injury.
- Step 2 – Move off the road: If you are physically able, move your bike to the side of the road.
- Step 3 – Call 911: Inform the police of what happened and all the details of the crash.
- Step 4 – Information gathering: Exchange information with the other driver so that you won’t be stuck unable to contact them or their insurance down the road.
- Step 5 – Document: Take pictures of the damage and write down everything you remember. This will be helpful when explaining the situation to the insurance company
- Step 6 – Seek medical attention: If you are injured, seek medical help immediately. If you do not think you have been injured, continue to monitor yourself for following few days to be sure. If any injury pops up, go to the doctor.
Nobody wants to think about being involved in a crash while riding their motorcycle. But, being prepared and knowing what to do ahead of time will help if you are ever in need.
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