Work Injuries Caused by Third Parties
Is Your Recovery Limited to Workers’ Compensation Benefits?
New Jersey workers’ compensation laws, like those in all states, were enacted to provide benefits to both workers and employers. Workers can avoid the time and expense of civil litigation and start receiving benefits within a few weeks (provided the claim is approved). Employers are free from the whims of sympathetic juries, as workers’ comp benefits are fixed, based on the worker’s average weekly wage for the past year.
The workers’ compensation laws were enacted to address situations where an injury is caused by the carelessness or negligence of an employer or a co-worker. Often, though, an employee’s injuries are caused, in whole or in part, by the wrongful acts of a third party—such as a driver of a motor vehicle, the manufacturer of a dangerous or defective product, or an employee on an adjacent work site. Can you still seek workers’ compensation benefits if your injuries are not caused by your employer or a co-worker? If so, are you limited to the benefits available through a workers’ comp claim?
New Jersey Workers’ Compensation Eligibility Requirements
To qualify for workers’ comp in New Jersey, you must show two things:
- you were injured; and
- the injury occurred during the course of your employment.
As a general rule, it doesn’t matter who caused the accident, as long as it was not intentionally self-inflicted.
Third-Party Claims for a Work Injury
If your work injury is caused, in any way, by the wrongful acts of a third party, you have the right to file a civil lawsuit against that third party for any losses suffered. In fact, you can file a workers’ compensation claim simultaneously with a civil suit. Damages in a civil suit are not limited to your income but can also include compensation for pain and suffering, loss of companionship or consortium, and loss of enjoyment of life. You can’t recover for losses in a civil suit if you’ve already received benefits for those same losses through a workers’ comp claim. It’s also important to understand that a civil action can drag on for years before you see any payout.
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 (201) 535-0323 to set up an appointment.
Memorial Day 2021: Remember & Honor
Is Fault a Factor in Workers’ Compensation Claims?
Can You Get Workers’ Comp Benefits If You Cause Your Own Injuries?
In New Jersey, to qualify for workers’ compensation benefits, you need to show two things: (1) that you were injured and (2) that the injury happened during the course of your employment. You need not show who caused the injury nor prove that your employer or coworker acted negligently. But what if you caused the accident, in whole or in part? Are you still eligible for workers’ comp benefits?
Workers’ Compensation—Primarily a No-Fault System
In most personal injury claims, the principle of comparative fault applies, which means a monetary award you receive can be reduced to the degree you were at fault for causing the accident. That’s not the case with a workers’ compensation claim. With limited exceptions, workers’ compensation benefits are payable without regard to fault, which means that, even if your carelessness contributed to causing the accident, you’ll still qualify for benefits.
There are, however, some exceptions to this rule:
- Workers may not collect workers’ compensation benefits for injuries that are solely and intentionally self-inflicted; and
- Workers may not recover workers’ comp benefits for injuries sustained in an accident if the worker was intoxicated, or under the influence of drugs, at the time of the accident and the worker’s impairment was the sole cause of the accident.
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. We are currently available to talk with you by phone, text message, or videoconference. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.
Was Your Injury Work-Related?
Can You Collect Workers’ Compensation for Injuries Suffered at a Company Outing or Event?
Under New Jersey workers’ compensation law, there are only two requirements to qualify for benefits—you must suffer an injury and you be working at the time of the injury. In most instances, there’s little question about whether the injury is work-related. But what if your company holds a special event, such as a golf outing or holiday party, and you’re hurt while attending? Is your injury work-related? Can you seek workers’ compensation benefits if you are run over by a golf cart or slip and fall at a company party?
As a general rule, injuries suffered at company-sponsored events are covered by New Jersey workers’ compensation laws. That rule applies whether attendance is mandatory or voluntary.
There are, however, some exceptions. If your behavior is egregious, or contrary to known or stated company policy, you may be disqualified. For example, if you consume alcoholic beverages and have an accident because of alcoholic impairment, you may lose the right to recover workers’ compensation benefits. If, however, your employer provides the alcohol, you may still be able to collect 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. We are currently available to talk with you by phone, text message, or videoconference. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.
Was Your Injury Work-Related?
Can You Collect Workers’ Compensation for Injuries Suffered while Traveling?
In New Jersey, if you’re hurt on the job, you have a right to seek benefits through a workers’ compensation claim. There are only two requirements to be eligible for payments—you must show that you suffered an injury, and you must prove that the injury was work-related. An injury is work-related if it occurs while you are completing tasks specifically related to your job or in the course of your employment.
With most workplace mishaps, there’s little question that the injury is work-related, e.g., a malfunctioning machine or tool causes injury, or you’re hurt in a slip-and-fall or by a falling object. In other situations, the determination is not as clear. One such situation is when you suffer injury while traveling for your job.
As a general rule, you cannot recover workers’ comp benefits for injuries sustained on your commute, either to or from work. There is an exception, however. If you take a detour from your normal route to perform a work-related task, then you can recover for injuries suffered during that detour. For example, if your boss asks you to stop and pick up bagels for the office, and you get in a car accident on your detour to or from the bagel shop, you should be able to collect workers’ compensation for any injuries.
If your work requires you to be on the road on a daily or periodic basis—whether to service sales accounts or attend conferences, training sessions, or conventions—you’re generally entitled to workers’ compensation benefits for motor vehicle accidents or other work-related injuries. However, if you engage in any wholly personal activities—for example, you go to the gym during lunch and get hurt on one of the exercise machines—you may not have a claim.
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. We are currently available to talk with you by phone, text message, or videoconference. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.
Tips for Minimizing Accident Risks in New Jersey Winters
Strategies for Staying Safe When Roads Have Snow or Ice
Because New Jersey typically ranks near the top nationally for traffic density, there’s a risk of injury any time you get in a car. That risk can be greater in the winter, when snow and ice can make roads slippery and accumulate on your windshield, limiting visibility.
In New Jersey, motorists are required by law to remove all snow and ice from a vehicle—including snow on the windows, hood, and roof—before getting on the road. You can be ticketed for failure to do so and fined if snow or ice from your car causes property damage or personal injury to others.
Here are additional recommendations for safely navigating icy or snowy roads in New Jersey this winter:
- Allow more distance between you and the car in front of you—Under normal conditions, you want about 10 feet for every 10 miles per hour you are traveling. In snow and ice, double that, so that you give yourself more time to stop or take evasive action.
- Use your headlights during a snowstorm—When it’s snowing, keep your lights on, even in the middle of the day, so that other motorists can better see you (low beams are best).
- Adjust your speed to the conditions—Don’t drive too fast or too slowly. Too fast and you’ll have difficulty controlling your vehicle…too slow and you’ll pose risks to others traveling at safe rates of speed.
- If you start to skid, turn in the direction of the skid.
- Think ahead—You’re most likely to find patches of ice at intersections and on exit/entrance ramps to freeways and highways.
- Be patient—When others are traveling slower than you want to go, don’t try to pass; wait until they turn, or you have a safe opportunity to go around them.
- Know what to do if you break down—If you break down, get your vehicle as far off the road as possible, and turn on your emergency flashers immediately.
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. We are currently available to talk with you by phone, text message, or videoconference. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.
Tips for Minimizing the Risk of an Accident This Winter in New Jersey
How to Stay Safe on Snowy and Icy Roads
Because New Jersey ranks near the top nationally for traffic density, there’s a risk of injury any time you get in a car. That risk is even greater in winter, when snow and ice make roads slippery and limit visibility by accumulating on your windshield.
In New Jersey, motorists are required by law to remove all snow and ice from their vehicle before getting on the road, including snow on the windows, hood and roof. You can be ticketed for failure to do so, and you can be fined if snow or ice from your car causes property damage or personal injury to others.
Here are some additional recommendations for safely navigating icy or snowy roads in New Jersey this winter:
- Increase the distance between you and the car in front of you—Under normal conditions, stay about 10 feet away from the car in front of you for every 10 miles per hour you’re traveling. In snow and ice, double that, in order to give yourself more time to stop or take evasive action.
- Use your headlights—During a snowstorm, even in the middle of the day, keep your headlights turned on so that other motorists can see you better (low beams are best).
- Adjust your speed to the conditions—Don’t drive too fast or too slowly. Go too fast and you’ll have difficulty controlling your vehicle. Go too slow and you pose risks to others traveling at safe rates of speed.
- If you start to skid, turn in the direction of the skid.
- Think ahead—You’ll most likely find patches of ice at intersections and exit/entrance ramps to freeways and highways.
- Be patient—When others are traveling slower than you want to go, don’t try to pass; instead, wait until they turn or you have a safe opportunity to get around them.
- Pull off the road if you break down—When you have car problems, get your vehicle as far off the road as possible and turn on your emergency flashers immediately.
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. We are currently available to talk with you by phone, text message, or videoconference. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.
Season’s Greetings and Happy New Year
Getting Workers’ Compensation Benefits for COVID-19
Recovering for Lost Work Time Due to Occupational Illness
Under the workers’ compensation laws in New Jersey, you are entitled to seek benefits for an occupational disease, provided you can show the following:
- your illness arose out of or occurred during the course of your employment;
- the illness was caused by factors characteristic of or peculiar to your occupation or place of employment; and
- your work contributed in some material way to contracting the disease.
Proving you contracted a communicable disease at work can be difficult. But New Jersey has made it easier for workers to get benefits for COVID-19 by enacting a new law that creates the presumption that “essential employees” have a compensable occupational illness when they contract a communicable disease during an officially-declared public health emergency. The law went into effect on September 14, 2020, and was retroactive to March 9, 2020. It covers all essential workers who contract the coronavirus.
What Is an Essential Employee?
The law defines an essential employee as a private or public worker in one of four categories:
- public safety, including first responders, police, firefighters, and other emergency technicians;
- medical and healthcare personnel, including workers in residential facilities, nursing homes, emergency transportation, and social services;
- occupations essential to public health, safety, and welfare, including food and beverage services, groceries, hotel and residential services, medicine, and pharmaceutical services; or
- any worker deemed an essential employee by the authority that declared the health emergency.
If you fall into one of the above-listed categories and contracted the virus, you’re entitled to workers’ compensation benefits unless your employer can prove you were exposed outside the scope of your employment.
Contact the Cintron Firm
At theCintron 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. We are currently available to talk with you by phone, text message, or online videoconference. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.
