The Cintron Firm, LLC Blog

Can You Be Fired While Collecting Workers’ Compensation?

September 13, 2023 by The Cintron Firm

What Happens to Your Benefits if You Are Terminated?

You”ve been hurt on the job and you”ve filed for benefits under the New Jersey workers’ compensation laws. You”ve had difficulties or disagreements with your employer in the past and your boss takes the opportunity, while you are disabled, to fill your position and terminate you. Can your employer do that? Does workers” compensation protect your job? That depends.

When Can an Employer Terminate You While You”re Collecting Work Comp Benefits?

It”s important to understand, up front, that workers” compensation benefits provide income protection—they do not protect your job. In New Jersey, where employment is “at will,” your employer may terminate you at any time and for any reason, provided the firing is not contrary to a valid employment agreement (including a collective bargaining agreement), or to law or public policy. If an employer has cause for termination, the workers” compensation laws won”t prevent your discharge. But your employer does not have to give a reason for your termination.

When Is It Illegal for an Employer to Fire an Employee Who Is Collecting Workers” Compensation?

Under New Jersey law, an employer may not fire a worker who is collecting work comp benefits because the employee filed a valid workers” compensation claim.

What Happens to Your Workers’ Compensation Benefits When You Are Terminated?

Suppose your employer legally fires you while you are collecting workers’ compensation benefits…will the benefits stop? Are they tied to your employment with the company?

No. As a general rule, your work comp benefits are tied to your injury, not to your continued employment with the company. However, if you voluntarily quit your job, income benefits may be discontinued. You will typically still qualify for medical 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.

Can You Lose Your Workers’ Compensation Benefits in New Jersey?

August 8, 2023 by The Cintron Firm

Common Ways that You Can Have a Claim Rejected or Terminated

When you have been hurt on the job in New Jersey, you have a right to seek compensation under the state’s workers’ compensation laws. As a general rule, you don’t have to prove that your employer was careless or negligent. You’ll be eligible for benefits if you can show that you were hurt and that your injury was sustained during the course of your employment. There are, however, ways that you can lose the right to recover workers’ compensation benefits. Here are the most common mistakes injured workers make:

Failing to notify your employer of a work-related injury—Don’t ever assume that your employer knows that you were injured, even if you were taken to the hospital in an ambulance. If at all possible, provide notice to your employer before you leave the scene of the injury. Even better, hire an experienced work comp attorney immediately and let them notify your employer.
Failing to file your claim in a timely manner—The workers’ compensation laws require that you submit your claim within a certain number of days. Of course, the longer you wait, the longer it will be before you receive any benefits. Typically, your claim must be filed within 30 days, but you may get a little more time with proper justification. However, delaying your claim more than three months will likely lead to a denial.
Ignoring doctor’s orders—If your claim is approved, but you don’t follow the recommendations of your treating physician, your benefits may be terminated. Don’t be surprised if your employer hires a private investigator to snoop around by your house, looking for evidence that you’re not following doctor’s orders.
Failing to be evaluated by a company-selected doctor—You’ll ultimately have the right to choose your own treating physician, but you may have to submit to an examination by a doctor chosen by the work comp insurer or your employer.

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Reasons Why Your Work Comp Claim May Be Denied

July 6, 2023 by The Cintron Firm

Common Causes of a Rejected Workers’ Compensation Claim

In New Jersey, as in all states, there are only two requirements to qualify for workers’ compensation benefits: you must show that you suffered an injury, and you must prove that the injury occurred during the course of your employment. It would seem, then, that collecting work comp benefits should be relatively easy and straightforward. In reality, as many as half of all potential claims are initially denied. Here are the most common reasons why an application for workers’ compensation benefits may be denied:

You didn’t report the injury to your employer in a timely manner—You have the responsibility of notifying your employer in a timely manner. Your employer must then submit a claim with the workers’ compensation insurance company.
Your application for benefits was either filed too late or did not include all required information—If the workers’ compensation insurance company receives an application for benefits that has missing information or that has been submitted after the cutoff date, it will likely deny the claim. You need to make certain your employer notifies the insurer in a timely manner. An attorney will help ensure that happens.
You were injured while engaged in horseplay or some other conduct specifically prohibited under company policy—If you were doing something that had no relationship to your job, your claim may be denied
You didn’t go to an authorized medical provider—You will ultimately be allowed to choose your own doctor, but you must initially be examined by a physician approved by your employer or the work comp insurance company
You were hurt while on a meal break—If you leave the premises for any type of meal, you are no longer performing work-related acts. However, if you take your lunch into the break room onsite, you may qualify for work comp for any injury suffered there.
You were impaired by drugs or alcohol at the time of the accident
Your employer can show that the injury was pre-existing or did not occur while you were working

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What You Need to Do When You’ve Been Hurt at Work

June 9, 2023 by The Cintron Firm

Steps You Can Take to Improve Your Chances of Having a Work Comp Claim Approved

Under New Jersey law, when you have been injured on the job, you have the right to file a workers’ compensation claim, seeking benefits for lost wages, as well as all reasonable and necessary medical expenses related to your injury. Workers’ compensation benefits are not automatically granted, though. There are things you can do to both improve your chances of receiving benefits and maximize the amount of your payments.

Report your injury as soon as possible—In New Jersey, you must notify your employer within 14 days, unless the employer had actual knowledge of the accident/injury. The sooner you notify your employer, the sooner your claim can be approved and the sooner you’ll start receiving benefits.
Get medical care as soon as possible—The longer you wait, the greater the likelihood of an intervening injury (which could significantly complicate your claim) and the greater the risk that your employer or the work comp insurance company will contend that you were not seriously injured. You are required to be examined by a doctor chosen by either your employer or the insurance company, but you can ultimately select your own treating physician.
Accept that you have been injured—Don’t try to return to your normal lifestyle until your claim has been resolved and your doctor approves you to do so. Why? Because there’s a distinct possibility that your employer or the insurer may send a private investigator out to observe your activities. If you’re on disability from work because of an injury, but an investigator gets pictures of you building a new deck at your house, your work comp claim will be in jeopardy.
Keep detailed records of all medical expenses, as well as any pain or discomfort you experience—Document everything in writing and ask all medical providers to do the same.

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.

Qualifying for Workers’ Compensation in New Jersey

May 15, 2023 by The Cintron Firm

The Injuries that Are and Are Not Typically Covered by Work Comp

In New Jersey, to be eligible for workers’ compensation benefits, you need only show two things: that you were hurt and that the injury was sustained in the course of your employment. On its face, that may seem like a simple determination, but it can get complicated in a hurry. Let’s look at the situations where injured workers typically are, or are not, able to recovery benefits after an injury.

The Types of Accidents Commonly Covered

Generally speaking, workers are covered when their injuries occur:

While they are engaged in the specific tasks or duties of their job
When they are on an approved break from work, though they must typically remain on the premises of the employer to qualify
At a company-sponsored event, such as a golf outing or incentive trip
While they are on the road for company business
While working from home
On their commute to or from work, but only if they have an express or implied agreement that the commute is part of their work

The Situations Where Work Comp Will Typically Not Be Available

Conversely, a worker will generally not be allowed to recover benefits for injuries that are:

Suffered as a result of horseplay, pranks or other similar conduct, unless the employee is injured as an innocent bystander
Suffered on the drive to or from work
Intentionally self-inflicted
The result of intoxication or the influence of controlled substances, including drugs
Sustained while engaged in illegal activities, or conduct that violates known company policies or procedures

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Workers’ Compensation and Pre-Existing Injuries

April 12, 2023 by The Cintron Firm

Can You Get Benefits for Aggravating a Prior Injury?

When you’ve suffered an injury in the workplace, you generally have the right to seek workers’ compensation benefits, provided you can prove that you were hurt and that the injury was sustained during the course of your employment. What happens, though, when you’ve suffered an injury, taken time off and returned, only to aggravate the injury. Can your employer or the workers’ compensation insurance company reject your claim, contending that you’ve already received benefits for this injury?

Will the Prior Payment of Benefits for An Injury Prevent You from Recovering for a Repeat Injury?

New Jersey does not prohibit an injured worker from seeking workers’ compensation benefits when he or she cannot work because of aggravation of an earlier injury. The benefits you receive, though, will typically depend on the causes of the new accident, and whether or not it resulted from the prior injury. If, after the initial injury, you went through rehab or followed all medical requirements, and were cleared to return to work without any limitations or need for additional care, the prior injury should have no impact on your ability to recover workers’ compensation benefits with a new claim.

Suppose, though, that you suffered an earlier injury and returned to work, but were still receiving treatment for the initial injury. Or that you were cleared to return to work with specific limitations, but ignored them or did things on the job that were not cleared by your doctor or were contrary to your doctor’s recommendations. If you aggravate the injury, your employer may ask that your benefits be “apportioned,” with some part of your claim allocated to the initial injury and some to the subsequent re-injury.

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Is Workers’ Compensation Your Only Source of Recovery?

March 3, 2023 by The Cintron Firm

Can You File a Civil Lawsuit after a Workplace Accident?

In New Jersey, as in other states, when you have suffered an injury on the job, you can file a workers’ compensation claim, seeking payment for lost wages, as well as all reasonable and necessary medical expenses arising out of your accident or injury. The benefits available through a work comp claim may not, however, be sufficient to cover all your losses. After all, with a workers’ compensation claim, you won’t get any damages for pain and suffering, loss of companionship or consortium, or loss of enjoyment of life. Workers’ compensation, though, is commonly referred to as your “exclusive remedy” after a workplace accident. Does that mean you cannot recover compensation through any other means? Not necessarily.

Third Party Claims in Work-Related Accidents

The provisions of the New Jersey workers’ compensation laws are intended to provide a means for recovering compensation for the wrongful acts of your employer or a co-worker. When you have suffered injury on the job, in whole or in part, because of the carelessness or negligence of an unrelated third party, you are not required to seek compensation from that third party in a work comp claim. You can bring a personal injury lawsuit against such a party in civil court.

In fact, you can file a workers’ compensation claim and a personal injury lawsuit simultaneously—you cannot, however, recover the same losses in both actions. If your medical expenses were covered by workers’ compensation, you cannot recoup those losses in a personal injury lawsuit.

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The Use of Expert Witness Testimony in a Personal Injury Lawsuit

February 8, 2023 by The Cintron Firm

The Purpose of Expert Witnesses | The Different Kinds of Expert Witnesses

When you have been hurt in an accident caused by the carelessness or negligence of another person, you have a right to file a personal injury lawsuit to recover full and fair compensation for all your losses. As a part of that legal proceeding, you’ll need to prove that the defendant (person from whom you seek damages) caused the accident. You’ll also need to establish the full amount of your current and future losses as a result of your injuries.

The evidence used to prove your claim will typically take the form of eyewitness testimony or physical evidence. You may have statements from others involved in a car accident or from bystanders. You may also have pictures of the damage to your vehicle, your injuries or the road conditions at the time of the crash.

It’s also customary, though, for expert witness testimony to be gathered. This testimony will generally be used to establish:

Liability—Who caused the accident and how they caused it
Damages—The financial impact of the accident, including lost wages, unreimbursed medical expenses, loss of enjoyment of life, loss of companionship or consortium, pain and suffering, and property damages

The Different Types of Expert Witnesses

To establish liability, your attorney will often retain the services of an accident reconstruction specialist, typically an engineer, who can take the physical data of an accident and determine exactly what happened. Such an expert may measure skid marks, look at specific damage to a vehicle or use other physical evidence.

To help a judge and jury calculate all your losses, you’ll typically want the testimony of:

A medical expert, who can identify the specific types of injuries you have suffered, the type of care you’ll need, your prospects for full recovery and any ongoing medical care you’ll need
A financial specialist, who can calculate your actual losses thus far and project the costs you’ll incur in the future. This specialist will commonly determine a present value of your future losses.

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The Types of Damages Available in a Personal Injury Lawsuit

January 11, 2023 by The Cintron Firm

The Losses You Can Potentially Recover after Someone Else’s Negligence

When the careless or wrongful act of another person causes you injury or loss, you have the right to file a civil lawsuit to recover damages. Whether it’s a motor vehicle accident, a slip and fall, a workplace injury or the malfunction of a dangerous or defective product, you can ask a judge and jury to reimburse you for tangible losses and to compensate you for certain intangible injury. Let’s look at the potential damage you can seek in a personal injury claim.

Lost Wages or Income

You have a right to be reimbursed by the at-fault party for any hourly wage, salary or other form of compensation you could not earn because of your injuries. The jury will typically look at your most recent pay records to determine the full amount of your losses. If your injury prevents you from ever working again, you will typically be entitled to reimbursement of wages until normal retirement.

Unreimbursed Medical Expenses

You cannot recover for any medical bills covered by insurance or otherwise paid, but you can pursue reimbursement of past medical expenses, as well as compensation for anticipated future medical bills.

Pain and Suffering

This includes physical and emotional distress. Because of the difficulty of measuring these damages, many courts simply using a multiplier, taking the amount of tangible losses and multiplying by that factor (Usually between 1 and 10).

Loss of Enjoyment of Life

This compensates you for loss of the ability to engage in activities that were common before your accident. It also allows you to recover damages for your inability to engage in simple acts of daily life, such as dressing yourself, walking or grooming.

Loss of Companionship or Consortium

If your accident has made it difficult or impossible to have close and/or intimate relationships with others, you have a right to compensation for that loss.

Property Damage

You have a right to be reimbursed for the reduction in value of any property or asset as a result of the accident, including the full value of any property destroyed or rendered worthless by the accident.

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Wishing You And Yours A Merry Christmas & Happy New Year

December 24, 2022 by The Cintron Firm