Actions to Avoid After a Workplace Injury

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Mstakes That Will Put Your Claim at Risk

Actions-to-Avoid-After-a-Workplace-Injury-ImgThe New Jersey workers’ compensation laws are pretty straightforward. As in other states, you don’t have to prove that your employer’s negligence caused your workplace injury. You only need to show two things: that you were hurt and that your injury happened during the course of your employment.

It’s possible, though, for you to inadvertently put your legitimate claim in jeopardy. Here are some of the ways that you can complicate the workers’ compensation process:

Mistake #1—You Don’t Notify Your Employer in a Timely Manner

Under New Jersey law, you have 90 days to let your employer know you’ve been hurt or are suffering some work-related illness. It’s usually in your best interests to tell your employer as soon as possible, though. If you wait unnecessarily, you could suffer an injury unrelated to your employment, which could make it far more difficult to prove that your losses were related to the workplace injury.

Mistake #2—Trying to Do All the Things You Did Before Your Injury

It’s natural, after any type of injury, to want to return to normal as soon as possible. That can often lead you to do things that you shouldn’t, like mowing the lawn, shoveling sidewalks, or engaging in other physical activities. Don’t be surprised if the workers’ compensation insurance company sends a private investigator out to see what you’re doing. Pictures of you engaging in physical activity can be detrimental to your claim.

Mistake #3—Failing to Get Medical Attention

You might not want to see a doctor about your injury as part of an attempt to shake it off or prove your mettle. That won’t benefit you in a workers’ compensation case. If you don’t seek medical attention, it will look for all intents and purposes as if you weren’t injured.

Mistake #4—Trying to Handle Your Workers’ Comp Claim by Yourself

This may be the biggest mistake of all. Though a workers’ compensation claim may seem cut and dried, your employer and the workers’ comp insurer have a vested interest in paying you as little as possible. They’ll look for every opportunity to diminish or deny your claim, and they know a lot more about the workers’ comp process than you do.

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.

Was Your Injury Work-Related?—Part 3

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Work Outside Scope of Duties | Injuries Suffered During Horseplay or in a Work-Related Scuffle

Was Your Injury Work-Related?—Part 3-ImgUnder the workers’ compensation law of New Jersey, an injured worker doesn’t need to establish that the employer was negligent in order to receive benefits. Because workers’ comp is essentially based on the concept of strict liability, a person needs to show only that they suffered an injury and that the injury was work-related.

In the first two blogs in this series, we looked at injuries that occur while a worker is on a break, injuries sustained while at a company social event, and injuries suffered while traveling for work. In this part, we’ll look at two more situations: injuries that occur when you’re doing something that’s not within your job description or while fooling around with a co-worker.

Injuries Suffered While Doing Something Outside Your Job Description

Suppose you’re a machine operator, but your boss asks you to climb a ladder to retrieve a tool or some materials. If you fall off the ladder, can you still recover workers’ comp benefits?

As a general rule, if your supervisor asks you to do something outside of the normal scope of your job, any injuries suffered will be covered by workers’ compensation. Conversely, if your employer has specifically instructed you not to do something outside your job description, but you do it anyway, your claim is likely to be denied. If you’re injured while doing something that your boss neither asked you to do nor specifically prohibited you from doing, you may or may not be eligible for benefits, depending on whether or not your actions were reasonable under the circumstances.

Injuries While Engaged in Horseplay

In most instances, if you’re injured during horseplay that you initiated, your claim will be denied. On the other hand, if you are somehow hurt by the horseplay of coworkers, even though you were not involved in the horseplay yourself, you should be able to recover benefits. ‘

In some instances, even though you initiated the horseplay, you may still be eligible for benefits. The workers’ compensation board will look at a number of factors:

  • How serious was the horseplay, and how long did it go on?
  • Was there a practice in the particular workplace of condoning or even encouraging horseplay? Was it an accepted part of the work environment?
  • Was the horseplay objectively dangerous, or well outside the scope of employment?
  • Did you stop what you were doing to participate in the horseplay?
  • Did the nature of the employment reasonably encourage or lead to horseplay? Did you have a lot of idle time, for example?

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.

Was Your Injury Work-Related? Part 2

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Injuries Suffered While Traveling for Work

Was Your Injury Work-Related? Part 2In New Jersey, as in all states, workers’ compensation benefits are available to injured workers without evidence or proof of negligence by the employer. Generally, the only requirements to qualify are evidence that you were injured and that the injury occurred while you were working.

In the first blog in this series, we looked at injuries that occur while you are on a break or at a company social event. In this part, we’ll consider your rights if you suffer an injury while traveling for your job. What if you are in a motor vehicle accident on your way to or from work or while driving to visit a customer? What if you suffer an injury while away at a work-related conference, sales meeting, or training session?

Injuries Suffered During a Commute Are Generally Not Covered by Worker’s Comp

As a general rule, injuries suffered while you are going to work at the beginning of your shift or heading home at the end of the day are not considered work-related. There are, however, some exceptions:

  • If you take a detour from your normal commute to do something for your employer, at your employer’s request, and you are injured during the detour, you may be eligible for workers’ compensation benefits. For example, if your boss asks you to stop by the post office or pick up bagels for the office on your way to work, you may qualify for benefits.
  • If you leave home and go directly to a customer’s office, you may also be eligible.

Injuries Sustained While Attending a Work-Related Conference, Meeting, or Training Session

Most injuries suffered at conferences, meetings, and training sessions are covered by worker’s comp, unless the activity you were engaging in was wholly personal and not related to your attendance at the event. A slip-and-fall at the hotel where a conference is being held will typically be covered. Injuries suffered in a motor vehicle accident on your way to or from a conference event will also be covered. You may even be able to recover worker’s comp for injuries suffered while away from the meeting center to get something to eat. However, injuries suffered while working out at the hotel fitness room may be deemed a wholly personal activity and not work-related.

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.

Was Your Injury Work-Related? Part 1

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Situations Where You May or May Not Be Eligible for Workers’ Comp Benefits

Was Your Injury Work-Related? Part 1-imgNew Jersey workers’ compensation law has made it simpler for injured workers to recover benefits in a timely manner. Unlike most other personal injury claims, workers’ compensation benefits do not require that you prove negligence. Instead, to qualify for payments, you need only show that you suffered an injury and that your injury was work-related. There are, however, circumstances where you may be uncertain whether your injuries qualify.

Injuries Sustained While on a Permitted Work Break

Most employers allow employees to take up to 15 minutes for every four hours worked, and many allow a paid lunch break. When you’re on break, you’re clearly not engaged in activities that benefit your employer. What if you slip and fall in the break room? Are you covered?

As a general rule, injuries suffered while on a sanctioned work break are covered by workers’ comp, provided they occur onsite at your place of employment. If, however, you leave the premises, either for lunch or some other personal reason, you typically won’t qualify, unless you can show that you were engaged in tasks requested by your employer or a supervisor. For example, if you leave work to get a bite to eat and are in a car accident, you probably won’t be
covered. However, if your boss asked you to pick up lunch or stop by the post office, you may still be eligible, based on the circumstances.

Injuries Suffered at a Company Social Function or Incentive Event

Company outings have become commonplace, either to build camaraderie or reward employees for productivity. As a general rule, even if attendance is voluntary, you can still qualify for workers’ comp benefits if you are injured at such an event. If, however, your injuries are caused by reckless or unreasonable actions—e.g., you drank too much alcohol and fell down—you may be disqualified. On the other hand, if the company provided the alcohol, you may still be eligible for 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.

Getting Compensation after a Workplace Injury in New Jersey

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Qualifying for Workers’ Compensation | Can You File a Personal Injury Lawsuit?

Getting Compensation after a Workplace Injury in New JerseyYou’ve been hurt on the job and your injuries prevent you from working. In New Jersey, you have the right to seek benefits through the state’s workers’ compensation laws. What must you show to be eligible to receive work comp benefits? Will you be limited to the payments you receive through a workers’ compensation claim?

How Does Workers’ Compensation Work in New Jersey?

In New Jersey, as in most states, employers are generally required to have workers’ compensation insurance or obtain approval from the state to be self-insured. The workers’ compensation laws in New Jersey are designed to provide benefits to both workers and employers. As an injured worker, you’ll potentially have access to benefits within a few weeks, provided your claim is approved. Furthermore, you don’t need to show that your employer was negligent or careless to qualify for benefits. The only requirements for eligibility for work comp benefits are that you were injured and that the injury occurred in the course of your employment.

Will You Be Limited to the Benefits Available through a Workers’ Compensation Claim?

Not necessarily. Workers’ compensation benefits are intended to be your “exclusive remedy” for injury or loss caused by your employer or a co-worker. That means you cannot bring a personal injury lawsuit in the civil courts for those types of injuries. However, if your injuries were caused, in whole or in part, by the wrongful actions of an unrelated third party, you won’t be limited to the benefits available through workers’ compensation. For example, if you were hurt in a car accident while on the job, you can bring a personal injury claim against the at-fault driver, provided he or she was not your employer or a co-worker.

It’s important to understand, though, that you cannot recover twice for the same loss. If your medical expenses are covered by work comp, you cannot claim them in a personal injury lawsuit.

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.

It That a Crime? Can I Sue for Damages?

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The Difference between Criminal and Civil Matters in New Jersey

1. The Difference between Criminal and Civil Proceedings in CourtYou’ve suffered some type of loss or injury because of the wrongful act of another person. How do you get relief? Were their actions such that they should be criminally prosecuted? Is your only remedy to file a lawsuit to get compensation for your losses? Are there situations where an act may be both a crime and a civil wrong?

The Basic Differences between Crimes and Civil Wrongs

The wrongful acts of someone can generally be categorized two ways—criminal violations and civil wrongs. As a general rule, all civil wrongs other than breach of contract are referred to as torts. In this blog, we will look only at the differences between crimes and torts. Here are the fundamental differences:

  • The parties—Because a criminal act is considered to be a wrong against society, a criminal prosecution will only be brought by the state (local, state or federal government). The defendant may be an individual and may occasionally be a business entity. With a tort, the party bringing the lawsuit is typically a private individual, while the defendant may be another private individual, a business or a governmental entity.
  • The sanctions—With a tort, a party who successfully brings a lawsuit will be entitled to “damages,” monetary compensation for losses. In a criminal prosecution, the penalty may include incarceration, fines (which are payable to the state), restitution, community service and, in some states, the death penalty, based on the type of offense.
  • The source of the law—Crimes are identified entirely by statute, written laws enacted by legislative bodies. Accordingly, an act will only be considered criminal if the U.S. Congress, a state legislature or a municipal governing body passes a law making the act illegal. Torts, as a general rule, are set forth in the “common law,” established over centuries in the opinions of judges.
  • The burden of proof—In a criminal proceeding, the prosecution must typically establish guilt beyond a reasonable doubt. In a civil lawsuit, the plaintiff (party filing the lawsuit) must only show that his or her version of the facts is more believable than the defendant’s—what is referred to as “the weight” or a “preponderance” of the evidence.

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.

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

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Does a Property Owner Have a Duty to Ensure Property Illumination?

Can You File a Lawsuit If You Are Injured Due to Poor Lighting on Residential or Commercial Property?You’re visiting someone’s house after dark or you’re making a late-night trip to the store. There’s a light out and you don’t see a step or other obstacle in your path. You trip and fall suffering serious injury. Can you seek damages from the owner of the property (or the person who had the authority to control the lights?) Is there a duty to ensure that residential or commercial property is adequately lit, so that visitors would trip and fall over unseen hazards?

The General Duties of Property Owners in New Jersey

In New Jersey, as in all states, the owner (or person in control) of real property has a duty to maintain the premises in such a way as to minimize the risks of injury to persons legally visiting the property. The duty is not absolute, but instead requires that the owner take reasonable measures to ensure visitor safety. The owner owes no such duty to trespassers who may be on the property without legal right or permission.

The law does not identify the specific measures that an owner must take, but instead asks what a reasonable person would have done in similar circumstances. If the owner’s conduct meets that standard, there will typically be no liability.

Accordingly, the question that must be asked, when a person suffers injury because of inadequate or poor lighting, is what a reasonable owner would have done in the same situation. Would a reasonable owner have regularly monitored the premises for broken or burned-out lights? Upon discovering a lighting problem, what would a reasonable person have done? Would they have replaced the bulb, fixed the light or posted notice of the potential danger from a defective light? Would they have blocked off access to the part of the property that had insufficient lighting? If a jury determines that a reasonable person would have taken specific action, but finds that the defendant did not, the defendant may be held liable for any losses sustained.

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.

What Happens If Your Employer Doesn’t Have Workers’ Compensation Insurance?

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What Are Your Rights In New Jersey after a Workplace Injury?

What Happens If Your Employer Doesn't Have Workers’ Compensation Insurance?In New Jersey, as in all states, when you have been hurt on the job, your first course of action is typically to file an application for workers’ compensation benefits. Under New Jersey law, all employers not covered by federal programs must either have coverage for workers’ compensation claims or obtain approval to be self-insured. If approved for self-insurance, the company will pay any worker injury claims directly.

What Are Your Options If Your Employer is Uninsured and Has Not Been Approved for Self-Insurance?

Even though workers’ compensation insurance is mandatory, some employers will try to cut corners and fail to obtain coverage. To provide benefits to injured workers when an employer illegally declines to secure workers’ compensation insurance, New Jersey established the Uninsured Employer’s Fund (UEF). The UEF pays temporary disability compensation for uninsured workers, and also covers medical expenses related to a workplace injury.

To obtain access to the Uninsured Employer’s Fund, an injured worker must first file a formal petition claim. If the claim does not name an insurer and does not indicate approval for self-insurance, the New Jersey Rating and Inspection Bureau will conduct a search to determine whether the employer has a valid policy of workers’ compensation insurance. If no policy is found (and the employer has not been approved for self-insurance), the court will assign a lawyer to represent the UEF. The injured person must then provide evidence of injury to the court and to the UEF. If the court finds that the employer wrongfully failed to obtain a workers’ compensation insurance policy, the court will order the employer to pay the benefits directly. If the employer cannot do that, the case will be referred to Superior Court for a judgment against the employer. Once the court enters an order against the employer, the injured party can seek compensation directly from the UEF.

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.

The Common Reasons Workers’ Compensation Claims Are Denied

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Why You Might Not Be Able to Collect Benefits after a Workplace Injury

The Common Reasons Workers’ Compensation Claims Are DeniedIn most instances, in New Jersey, when you’ve suffered an injury on the job, you have a right to file for benefits under the state’s workers’ compensation laws. As in other states, you don’t have to prove that your employer acted carelessly or negligently. You only need to show that you were hurt and that your injury occurred in the course of your employment.

There are circumstances, though, where you may put your rights to work comp benefits in jeopardy:

  • You didn’t notify your employer within the time period required by law—In New Jersey, you must let your employer know about the work-related injury within 90 days of the date of injury (although it’s typically in your best interests to notify your employer immediately)
  • Your injury was not work-related—Suppose you took a lunch break and left the premises. If you suffer an injury in a restaurant, in your car or elsewhere, it’s not likely that you’ll qualify for work comp benefits. If, however, you were asked to get food for others and bring it back, you may be eligible.
  • Your injuries were the result of intoxication or impairment from alcohol or drugs—Unless your employer provided the controlled substances, chances are you won’t be able to collect work comp benefits.
  • You did not get treatment from an approved medical professional—In New Jersey, employers have the right to require that injured workers be treated by someone from an approved list of doctors.
  • You failed to get any type of medical care—If you want to qualify for workers’ compensation benefits, you’ll need to have medical records to document your injury. That requires that you seek medical attention.

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.

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