How To File for Expungement in New Jersey: A Step-by-Step Guide for Former Offenders

by

How to File for Expungement in New JerseyClearing a criminal record can reshape a person’s future. An expungement removes barriers that affect employment, housing, licensing, and day-to-day opportunities. While each state has its own statutes and procedures, the core steps are similar, and having the right attorney makes all the difference.

At The Cintron Firm, we’ve helped clients across New Jersey clean up past records and regain control of their lives, and we bring the same level of care and precision to every case we handle.

Who Is Eligible for Expungement in New Jersey?

Many arrests without conviction, most disorderly persons offenses, and some non-violent indictable offenses can be expunged in New Jersey.

Serious violent crimes (such as murder), sexual offenses, and public-trust crimes are usually barred. You must complete all sentencing requirements and meet the state’s waiting periods, as filing too early often leads to denial.

New Jersey Waiting Periods

You must file your petition only after the applicable waiting period, if any, has passed. In New Jersey, the clock usually starts on the later of your conviction, completion of probation/parole, release from jail/prison, or payment of court fines and fees.

  • Arrests not leading to conviction (dismissed, acquitted, charges dropped): Eligible for expungement at any time, with no waiting period, unless the dismissal was the result of a diversion/supervisory program.
  • Diversion / supervisory programs (PTI, conditional discharge, conditional dismissal, etc.): Records are typically eligible for expungement 6 months after successful completion of the program.
  • Disorderly persons / petty disorderly persons offenses: Generally, a 5-year waiting period from completion of sentence; in some cases, you may apply after 3 years under an “early pathway” provision if you show compelling circumstances and meet strict eligibility rules.
  • Indictable offenses (felonies): Typically, a 5-year waiting period from completion of sentence; certain cases may be considered after 4 years under an early-pathway expungement, again only if you meet specific criteria and demonstrate compelling reasons.
  • Clean Slate expungement: In many cases, a person may apply to clear their entire eligible record (any number of crimes and disorderly persons offenses) after 10 years have passed since the most recent conviction and completion of all sentences and payments, so long as none of the convictions fall into categories that New Jersey law permanently excludes from expungement.
  • Non-expungeable offenses: Even under Clean Slate, serious violent crimes, many sexual offenses, certain drug-distribution offenses, and public-corruption/official-misconduct offenses generally cannot be expunged under New Jersey law.

Steps to File for Expungement in New Jersey

Step 1: Confirm New Jersey’s Expungement Laws

  • Review New Jersey’s expungement statutes (N.J.S.A. 2C:52-1 to 52-32)
  • Eligibility depends on the type of offense, number of offenses, and waiting periods
  • Distinguish between arrests, dismissed charges, disorderly persons offenses, and indictable offenses — each has its own standard
  • If you have multiple cases or an older record, an attorney can help determine the correct statute and waiting period

Step 2: Obtain Your Criminal Records

  • Collect your full criminal history, including:
    • Arrest dates
    • Case numbers
    • Dispositions
    • Sentencing information
  • You can obtain records from the New Jersey State Police, the county clerk, or the court where the case was handled
  • Review everything carefully — an incorrect date or disposition can lead to delays or objections

Step 3: Complete New Jersey’s Required Expungement Forms

  • New Jersey requires several specific documents:
    • Petition for Expungement
    • Order for Hearing
    • Proposed Expungement Order
    • Cover letter and statements of compliance
  • Attach certified judgments of conviction and any proof that fines or probation were completed
  • Accuracy matters. NJ courts often reject petitions with incomplete or inconsistent information.

Step 4: File Your Petition in the Correct Superior Court

  • File in the Superior Court, Criminal Division, in the county where the arrest or prosecution occurred
  • Pay the filing fee or request a fee waiver if eligible
  • The clerk will review the packet and schedule a hearing date (if required under your statute)

Step 5: Serve Required Agencies

New Jersey requires service on several parties, typically within five days of filing:

  • County prosecutor
  • New Jersey Attorney General
  • Superintendent of the State Police
  • Warden (if you were incarcerated)
  • Local police department(s) involved in your case
  • Municipal court (if the matter originated there)

Step 6: Prepare for and Attend the Hearing

  • Some expungements are granted without a hearing, but many require one
  • The judge may ask about rehabilitation, compliance with the waiting period, or any objections filed
  • A lawyer can clarify issues quickly and present your case in a way that satisfies statutory requirements

Step 7: After the Order Is Granted

  • Once the judge signs the Expungement Order, certified copies are sent to all relevant agencies
  • Each agency must update its records to reflect the expungement
  • Processing times vary, but most updates occur within a few weeks to a few months
  • Always verify that your record has been cleared — mistakes happen, and old data can linger in databases

Straightforward cases exist, but many petitions involve overlapping convictions, complex timelines, or objections from agencies. An expungement attorney in NJ ensures the petition is complete, timely, and grounded in the correct statute.

Read Also: The Statute of Limitations and Your Personal Injury Claim

Take Action Immediately – Contact The Cintron Firm

At The Cintron Firm, LLC, we’ve spent more than 14 years helping New Jersey residents navigate the expungement process and reclaim opportunities that a criminal record once blocked. Attorney Mark Cintron’s background as a former prosecutor gives clients a meaningful advantage when addressing eligibility, preparing petitions, and presenting cases in court.

If you’re ready to clear your record and move forward with confidence, contact us online or call 201-791-1333 or 917-494-5695 to schedule a confidential consultation today

Personal Injury After a Slip-and-Fall: How to Prove Liability and Maximize Compensation

by

Slip-and-Fall Injury ClaimsA simple slip and fall can change everything. One moment you’re walking through a store or parking lot — the next, you’re in significant pain, facing substantial medical bills and unable to work. To maximize your chances of getting full and fair compensation for your losses, you’ll need to establish who was at fault for your injuries. An experienced personal injury attorney can help you determine fault and build a strong compensation claim that protects your rights from the start.

What Qualifies as a Slip-and-Fall Injury?

A slip-and-fall injury falls under premises liability law, which requires property owners to keep their premises safe. Under New Jersey law, property owners have a duty to reasonably maintain their premises in ways that minimize the risk of injury to persons legally visiting the property.

When a property owner fails to exercise reasonable care, an injured person may have a claim for damages. Accordingly, when someone is injured due to a hazardous condition—such as a wet floor or an uneven surface, poor lighting, or ice buildup—that may serve as the basis of a personal injury claim, depending on the facts.

Understanding Liability in Slip-and-Fall Cases

Proving slip-and-fall liability in New Jersey requires showing four key elements of negligence:

  • Duty of Care: The exact extent of the owner’s duty of care depends on the facts of the case, but generally, property owners must take reasonable steps to maintain safe premises and protect visitors from foreseeable harm.
  • Breach of Duty: The owner breaches their duty of care if they fail to reasonably maintain the premises by fixing hazards or fail to warn visitors of potential dangers.
  • Causation: A dangerous condition on the owner’s premises must have caused the visitor injury.
  • Damages: The victim must show actual loss, which may include unreimbursed medical expenses, lost wages or income, loss of enjoyment of life, loss of companionship or consortium, and physical or mental pain and suffering.

How To Prove Fault and Strengthen Your Case

Building a solid slip-and-fall injury claim requires clear, well-documented evidence that supports your version of events. Key steps include:

  • The use of surveillance footage: Video evidence can show how long a hazard existed and whether the property owner ignored it.
  • A review of maintenance logs: These records reveal inspection schedules, cleaning frequency, and prior complaints.
  • Witness statements: Neutral observers can confirm what happened and whether warning signs were missing.
  • Expert witness testimony: Safety engineers, accident reconstructionists, and medical experts can establish how the hazard caused your injury.
  • Documentation: Photos, medical records, and incident reports collected right after the fall can strengthen your case.

Calculating Damages and Maximizing Compensation

Recovering fair slip-and-fall compensation means understanding the full scope of your losses—both financial and personal. Damages in a personal injury case fall into two main categories:

  • Economic Damages: These are measurable financial losses, including medical bills, rehabilitation costs, medication, and assistive equipment.

    Other economic losses include lost wages and loss of earning capacity if your injuries prevent you from returning to work or limit future income potential.

  • Non-Economic Damages: These losses are intangible and difficult to calculate, such as pain and suffering, emotional distress, and loss of enjoyment of life.

Why You Need an Experienced Personal Injury Attorney

Handling a slip-and-fall claim takes legal skill, strategy, and persistence. An experienced attorney can:

  • Establish the necessary elements of negligence: Gather and present evidence to show breach of duty, causation, and damages
  • Investigate thoroughly: Secure surveillance footage, maintenance records, and witness statements
  • Deal with insurers: Handle adjusters who often try to undervalue or deny valid claims
  • Protect your case: Ensure deadlines are met and documentation is complete
  • Present with precision: Build a clear, persuasive case that earns respect in negotiations or court

Read Also: Can You File a Lawsuit If You Are Injured Due to Poor Lighting on Residential or Commercial Property?

Take Action Immediately – Contact The Cintron Firm

At The Cintron Firm, LLC, we’ve spent more than 14 years helping New Jersey injury victims recover the compensation they deserve. Attorney Mark Cintron’s background as a former prosecutor gives clients a strong advantage when proving fault and negotiating with insurers.

If you’ve suffered a slip-and-fall injury, don’t wait to protect your rights. Contact us online or call 201-791-1333 or 917-494-5695 to schedule a confidential consultation today.

Tenant Protections Against Unlawful Evictions

by

Tenant Protections Against Unlawful EvictionsUnlawful eviction occurs when a landlord attempts to remove a tenant without following the court process required by law.

In New Jersey, tenant rights are among the strongest in the country, and landlords cannot legally force someone out by changing locks, shutting off utilities, or using threats–such actions are strictly prohibited.

Landlords who engage in unlawful eviction face serious legal consequences, including court penalties and potential liability for damages, making it critical for tenants to know and assert their rights.

What Constitutes an Unlawful Eviction in New Jersey?

In New Jersey, a landlord may evict a tenant only with a court order obtained through proper legal channels. Any attempt to bypass this procedure is considered an illegal eviction in New Jersey.

Common unlawful actions include locking a tenant out of the property; shutting off heat, water, or electricity; changing locks without judicial approval; or using threats, harassment, or physical force to compel a tenant to leave.

Under New Jersey’s Anti-Eviction Act and supporting case law, tenants are protected from these tactics, and landlords who attempt them may face serious legal consequences.

Tenant Rights Under New Jersey’s Anti-Eviction Act

The New Jersey Anti-Eviction Act provides strong tenant protections that cover most residential tenants in the state.

Landlords may pursue eviction only in limited situations, including nonpayment of rent, significant lease violations, or illegal activity on the property. Even in such circumstances, the law requires strict compliance with due process, including proper notice and a court hearing before a judge.

Accordingly, a tenant cannot be removed without judicial approval, ensuring that housing stability is preserved unless a lawful basis for eviction is proven.

Legal Remedies Available to Tenants

  • Tenants have the right to remain in the property until a court issues a lawful eviction judgment.
  • If locked out, a tenant can file for an emergency order to restore possession immediately.
  • Tenants may pursue claims for damages if a landlord violates the law, including reimbursement of costs and compensation for emotional distress.
  • Courts may impose penalties on landlords who engage in unlawful practices or order them to pay financial compensation to tenants.

Steps To Take If Facing an Unlawful Eviction in New Jersey

  • Contact law enforcement if you are locked out—police may intervene to stop the eviction.
  • Document landlord actions with photos, text messages, and witness accounts.
  • File a complaint in court to challenge the unlawful eviction and seek restoration of possession.
  • Seek immediate legal counsel for advice on what to do if a landlord illegally evicts you in New Jersey.

Acting quickly is critical to preserve your rights and avoid losing your home.

Read Also: The Implied Warranty of Habitability in New Jersey

Take Action Immediately – Contact The Cintron Firm

At The Cintron Firm, LLC, we have more than 14 years of experience protecting tenants’ rights across New Jersey. Attorney Mark Cintron’s background as a former prosecutor and his extensive courtroom experience make him a strong advocate for clients facing unlawful eviction.

If your landlord has taken illegal steps to remove you, don’t wait to assert your rights. Contact our office online, or call us at 201-791-1333 or 917-494-5695 to schedule a confidential consultation.

FAQs

Can my landlord change the locks without a court order in NJ?

No, only a court can authorize eviction. Self-help eviction is unlawful.

What damages can I recover if my landlord illegally evicts me?

You may seek compensation for losses, legal fees, and possibly punitive damages.

Does the Anti-Eviction Act protect all tenants?

Most tenants are covered, but exceptions apply, such as owner-occupied buildings with small units and seasonal rentals.

What To Do After a Hit‑and‑Run Accident in NJ

by

What To Do After a Hit‑and‑Run Accident in NJIf you’ve been injured by a driver who fled the scene, you are not alone—New Jersey law offers protections for victims like you.

A hit-and-run accident in New Jersey occurs when a driver involved in a crash flees from the accident scene without stopping to provide identification or render aid, violating N.J.S.A. 39:4-129. For victims, these moments are disorienting—physically, emotionally, and legally.

As experienced car accident attorneys in NJ, we know that time is critical. You may still be entitled to compensation, even if the driver is never found, through an uninsured motorist claim.

Steps To Take After a Hit-and-Run Accident in NJ

Step 1: Call 911 to Notify Authorities and Request Emergency Response

After a hit-and-run accident in New Jersey, your first legal obligation is to call 911 immediately. Under N.J.S.A. 39:4-129, drivers involved in a crash causing injury or damage must stop and report the incident. If the other driver flees, your 911 call ensures the event is officially documented and initiates a police investigation.

When officers arrive, provide all relevant details:

  • Time and location
  • Any identifying information about the vehicle that left the scene—such as its type, approximate size, paint color, license plate digits (even partial), and direction of travel
  • Vehicle damage and personal injuries

Step 2: Gather Evidence at the Scene

If it’s safe to do so, gather as much evidence at the scene as possible. In hit-and-run accidents in NJ, this early documentation strengthens your ability to prove fault, supporting your uninsured motorist claim.

Use your phone to photograph:

  • Vehicle damage
  • Road conditions, traffic signs, skid marks
  • Injuries, no matter how minor

Step 3: Seek Immediate Medical Attention

After a hit-and-run accident in New Jersey, it’s critical to seek medical attention right away—even if your injuries seem minor. Many serious conditions, such as concussions or internal bleeding, may not show symptoms immediately.

Delaying treatment can give insurers grounds to dispute the severity or cause of your injuries. Be honest with your provider about all symptoms, and follow their recommendations closely.

Step 4: Notify Your Insurance Company

Promptly inform your insurer about the crash to preserve your coverage rights. Provide only the basic facts and avoid speculating about fault or injuries. Let your attorney handle detailed communications.

In New Jersey, your Personal Injury Protection (PIP) may cover initial medical expenses. But for damages beyond PIP—such as pain and suffering or lost wages—you may need to file under the Uninsured/Underinsured Motorist (UM/UIM) provision in your policy, which can apply when the at-fault driver cannot be unidentified.

Step 5: Contact a New Jersey Hit-and-Run Lawyer

Dealing with a hit-and-run accident in NJ without legal guidance can put your claim and your recovery at risk.

Your attorney will:

  • Obtain nearby surveillance footage
  • Interview witnesses
  • Coordinate medical documentation
  • File and negotiate your uninsured/underinsured motorist claim
  • File a lawsuit if necessary

Legal Reminder: In New Jersey, the statute of limitations for personal injury claims is two years from the accident date. If you fail to file a lawsuit within the period set by the statute of limitations, your claim may be barred.

Read Also: Damages Available in a New Jersey Personal Injury Lawsuit

Contact The Cintron Firm

At The Cintron Firm, LLC, we bring over 22 years of legal experience to victims of hit-and-run accidents in New Jersey. Attorney Mark Cintron has served as a prosecutor and has extensive trial experience, giving you the advantage of a skilled advocate who understands both sides of the courtroom.

Whether you’re pursuing an uninsured/underinsured motorist claim or seeking compensation for your injuries directly from the at-fault party, we’re here to help you navigate every step of the legal process with clarity and confidence.

Contact our office online or call us at 201-791-1333 or 917-494-5695 to schedule a free consultation.

What To Do If You’re Accused of Domestic Violence in NJ

by

What To Do If You’re Accused of Domestic Violence in NJ imgBeing accused of domestic violence can be overwhelming, frightening, and life-altering. In New Jersey, these accusations are treated very seriously and can result in both criminal charges and restraining orders. Whether the claim is true, exaggerated, or entirely false, how you respond in the immediate aftermath can significantly impact the outcome of your case.

At The Cintron Firm, we assist individuals throughout New Jersey in navigating domestic violence allegations with experienced legal guidance.

Steps To Take After Being Accused of Domestic Violence

1. Remain Calm and Avoid Retaliation

Emotions often run high in domestic disputes. However, it is crucial to stay calm and avoid reacting with anger or aggression. Do not confront the accuser, attempt to explain your side directly, or retaliate in any way. Anything you say or do can be used against you in court or during police investigations.

2. Do Not Violate Any Restraining Orders

In many domestic violence cases, a temporary restraining order (TRO) is issued quickly. Violating this order—even unintentionally—can lead to criminal contempt charges and potential jail time. Read the order carefully, follow all instructions, and avoid all contact with the alleged victim.

If you are served with a TRO, you will have the opportunity to attend a final restraining order (FRO) hearing where both parties will present their case. Having legal representation at this stage is essential.

3. Speak to a New Jersey Domestic Violence Attorney Immediately

Hiring a qualified criminal defense attorney in New Jersey is the most important step you can take. Domestic violence accusations involve complex legal issues, and without a strategic defense, you could face:

  • Criminal charges for assault, harassment, stalking, or terroristic threats
  • Permanent restraining orders
  • Loss of custody or visitation rights
  • Employment consequences
  • A permanent criminal record

4. Gather Evidence and Witnesses

Evidence can help disprove false allegations, provide context, or support your version of events in court. Start documenting everything related to the alleged incident. This may include the following:

  • Text messages, emails, or social media interactions
  • Photos or videos from the incident
  • Call logs or voicemails
  • Eyewitnesses who can provide testimony

5. Avoid Talking About the Case Publicly

Do not post anything about your case on social media or discuss it with friends, coworkers, or anyone other than your attorney. Anything shared online or in conversations could be misinterpreted and used as evidence against you.

6. Understand the Long-Term Impact

A domestic violence conviction or final restraining order in New Jersey can have serious consequences, including:

  • Ineligibility for certain jobs or professional licenses
  • Loss of firearm rights
  • Immigration consequences for non-citizens
  • Damage to your personal and professional reputation

Take Action Immediately – Contact the Cintron Firm

At The Cintron Firm, LLC, we offer more than 14 years of experience representing individuals throughout New Jersey facing serious legal matters—including domestic violence charges. Attorney Mark Cintron has served as a prosecutor and possesses extensive courtroom experience, giving clients a powerful advocate both in and out of court.

If you’ve been accused of domestic violence, don’t wait to protect your rights. Contact our office online or call us at 201-791-1333 or 917-494-5695 to schedule a confidential consultation.

Application of the Going-and-Coming Rule in a New Jersey Workers’ Compensation Claim

by

What Is the Going-and-Coming Rule? Are There Any Exceptions?

Application of the Going-and-Coming Rule in a New Jersey Workers’ Compensation ClaimIn New Jersey, there are only two requirements that must be met to qualify for workers’ compensation: you must have been hurt, and the injury must have occurred during the course of your employment. Injuries suffered while traveling for work may qualify for workers’ compensation. The longstanding rule, however, is that injuries sustained during your commute—while you are going to or coming from work—are not sustained in the course of your employment and therefore can’t provide the basis for a workers’ comp claim.

Are There Exceptions to the Going-and-Coming Rule?

Yes, there are a number of recognized types of travel that still allow for workers’ compensation benefits in the event of an injury:

  • You deviated from your normal route to perform a task for your employer—This “special mission” exception allows you to file for workers’ comp benefits if you’re injured on your commute while doing something along the way at the request of your employer. For example, your boss may ask you to pick up donuts on your way in or drop off a package at the post office on your way home. As a general rule, the request must come from a supervisor and must be for a work-related (as opposed to personal) task.
  • You were using a company vehicle at the time of your injury—If you are authorized to use a company vehicle to commute to and from work, you may qualify for workers’ compensation benefits for injuries suffered in an accident while commuting. However, if you are using the company vehicle for personal reasons (not going to or coming from work), you won’t qualify.
  • You have no fixed place of work—If you don’t have a regular jobsite, but you spend your time at work going from one location to another, the drives at the beginning and end of your work day are considered to be during the course of your employment.
  • You are asked to be available to work outside normal business hours—If you are “on call,” or if your employer asks you to do something work-related outside of normal business hours, any related travel is considered to be within the course of your employment.

Contact the Cintron Firm

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing, and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Damages Available in a New Jersey Personal Injury Lawsuit

by

Understanding Economic and Non-Economic Losses

Damages Available in a New Jersey Personal Injury LawsuitWhen you’ve been hurt because of the negligence of another person, it can change your life dramatically. You may be unable to work, now or for the foreseeable future. You may require extensive medical treatment, which may not all be covered by insurance. Your injuries may cause persistent pain and suffering, making it difficult or impossible to do many of the things you used to love to do. You may find it difficult to maintain close personal relationships with beloved family members. What types of damages can you expect to recover for these various losses in a personal injury lawsuit in New Jersey?

Types of Damages in a Personal Injury Claim

As the law of personal injury has developed, the compensation available has come to be identified as either economic or non-economic:

  • Economic damages are those for which an accurate value is generally easy to determine. Common types of economic damages include lost wages or income and unreimbursed or unpaid medical expenses. Property damage caused in an accident is also considered an economic loss. To establish the correct amount of damages, your attorney will introduce pay stubs or earnings documents, medical bills, and bills for the repair or replacement of property.
  • Non-economic damages are those for which there is no tangible method of calculation. Examples include pain and suffering, loss of companionship or consortium, and loss of enjoyment of life. Because of the difficulty involved in computing these types of damages, courts use a couple of different approaches:
    • Some courts apply a multiplier to the amount of economic damages. For example, the court may calculate economic damages at $1 million and instruct the jury to apply a multiplier of 1.5, adding $1.5 million in non-economic damages.
    • Other courts may simply instruct the jury to award a “reasonable” amount for non-economic damages.

Contact the Cintron Firm

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing, and able to protect your interests before a judge or jury. Contact our office online, or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Your Right to Medical Care After a Workplace Injury in New Jersey

by

Requirement To See an Authorized Physician | When You May Choose Your Own Caregiver

Your Right to Medical Care After a Workplace Injury in New JerseyUnder New Jersey law, if you suffer an injury during the course of your employment, you have the right to seek benefits under the state’s workers’ compensation laws. When you file a workers’ compensation claim in New Jersey, your employer or the workers’ compensation insurance carrier gets to choose your initial treating doctor. Here’s what you need to know:

  • If you require immediate emergency medical attention, you can seek that from any provider. Your employer cannot limit the emergency care you receive, but you must notify your employer of the treatment as soon as possible.
  • Your employer has the right to designate who will conduct any non-emergency medical examination or evaluation after an injury
  • As a general rule, you must continue to seek care from the company-selected physician, should you need ongoing care.
  • If you want a second opinion, you must request and obtain approval from the workers’ compensation insurance carrier.
  • After 30 days or 10 visits, you have the right to request a change in your treating physician, but must obtain the approval of the workers’ compensation judge or the New Jersey Department of Workers’ Compensation

If your injury involves a pre-existing condition, for which you were already receiving treatment, and the authorized treating physician selected by your employer or the insurance company cannot provide the type of care you were receiving, you may be permitted to stay with your treating physician for any care related to the pre-existing condition. In addition, you can always request a hearing to dispute the authorized treating physician’s treatment plan or diagnosis. 

Contact the Cintron Firm

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing, and able to protect your interests before a judge or jury. Contact our office online, or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Top Ways To Jeopardize a Workers’ Compensation Claim

by

Mistakes You Can Make That Put Your Benefits at Risk

Top Ways To Jeopardize a Workers' Compensation ClaimWhen you’ve been hurt at work in New Jersey, you have the right to file for benefits under the state’s workers’ compensation system. Even though the process seems relatively straightforward, many legitimate claims are initially denied. It’s critical that you have experienced counsel to protect your rights.

There also are ways you can risk losing workers’ comp benefits after your claim has been approved. Here are some things to avoid doing that might jeopardize your right to benefits:

  • Trying to do things you shouldn’t—Just because your application for workers’ compensation has been approved does not mean the workers’ comp insurance company and your employer are done investigating your claim. It’s not uncommon for the insurer to send out a private detective to surveil you. If you are seen (and possibly photographed) engaging in activities that suggest your injuries are not legitimate, you may lose your right to benefits.
  • Failing to go to medical appointments or follow doctor’s orders—If you don’t go to scheduled visits or do what your doctor prescribes, the insurance company may conclude that your health has been fully restored.
  • Getting in trouble with the law—If you’re incarcerated for any reason, you may lose workers’ compensation benefits, as you would be ineligible to work.
  • Working somewhere else—You can have income from another source when you’re collecting workers’ compensation, but you must report it, and it may be used to offset your workers’ compensation benefits. Failure to report outside income can lead to the termination of benefits.

Contact the Cintron Firm

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing, and able to protect your interests before a judge or jury.Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Workers’ Compensation Fraud in New Jersey

by

What Is It? How Can You Avoid the Risk of Allegations of Fraud?

Workers’ Compensation Fraud in New JerseyLike all other states, New Jersey has workers’ compensation laws that provide benefits to individuals who are injured during the course of employment. There are only two requirements to qualify in New Jersey: you must be injured and your injury must be work-related. If there’s evidence that your injuries were suffered outside of the job, you face not only the denial of benefits, but you could be charged with workers’ compensation fraud. What is workers’ compensation fraud? What steps can you take to minimize the risk that you’ll be accused of fraud?

What Is Workers’ Compensation Fraud?

Both employees and employers can be guilty of workers’ comp fraud in New Jersey. A worker who makes a false statement or a misrepresentation of material fact in an attempt to collect workers’ compensation benefits may be committing fraud. In addition, an employer who either misclassifies employees or misrepresents payroll can be charged with fraud. In this blog, we’ll look only at the potential responsibility of employees.

In New Jersey, workers’ comp fraud is specifically addressed by statute. The New Jersey Workers’ Compensation Law makes it a fourth-degree criminal offense for a worker to make a “false or misleading statement, representation or submission concerning any fact that is material” to a workers’ compensation claim. Specifically, an employee may engage in fraud by:

  • Making false statements about prior injuries or treatment
  • Intentionally or knowingly making false statements about their medical condition in an attempt to get workers’ compensation benefits
  • Filing a workers’ compensation claim for an injury that is unrelated to their job
  • Making a false statement about their employment status while collecting workers’ compensation benefits (i.e., working for pay elsewhere while collecting workers’ comp payments)

How Can You Avoid Potential Allegations of Workers’ Comp Fraud?

In the aftermath of a work-related injury, you want to seek immediate medical attention, and you want doctors and nurses to fully document your injuries. In addition, you want to obtain statements from as many witnesses as possible, so you have ample evidence that your injury was work-related. Always answer any questions truthfully, even if you think doing so may jeopardize your claim. It’s better to have a claim rejected than to face charges of workers’ comp fraud.

Contact the Cintron Firm

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing, and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

CASE EVALUTATION

Credit Cards Accepted :

LOCATION

Our main office is located in Bergen County.
the address is:

25 East Salem Street, Suite 400, Hackensack, NJ 07601

Our additional locations are available
for all clients by appointment:

  • Middlesex County Office317 George Street
    Third Floor
    New Brunswick, NJ 08901
  • Essex County Office 28 Valley Road
    First Floor
    Montclair, NJ 07402

With offices in New Brunswick, Hackensack and Montclair, The Cintron Firm offers advice and legal counsel to clients throughout Northern New Jersey, including communities in Bergen County, Essex County, Morris County, Hudson County, Passaic County, Middlesex County, Hackensack, Bogota, Lodi, Wyckoff, Fair Lawn, Newark, Livingston, Passaic, Paterson, Jersey City, Union City, North Bergen, Morristown, Randolph, Franklin, South Orange, East Orange, Orange, Nutley, Morris Plains, Cedar Knolls, Denville, Belleville and Bloomfield.

© 2020 The Cintron Firm,LLC Attorneys at law All Rights Reserved.
Sitemap | Privacy Policy