The Cintron Firm, LLC Blog

Is Fault a Factor in Workers’ Compensation Claims?

May 12, 2021 by The Cintron Firm

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 917-494-5695 to set up an appointment.

Was Your Injury Work-Related?

April 14, 2021 by The Cintron Firm

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

Was Your Injury Work-Related?

March 12, 2021 by The Cintron Firm

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 917-494-5695 to set up an appointment.

Tips for Minimizing Accident Risks in New Jersey Winters

February 9, 2021 by The Cintron Firm

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 917-494-5695 to set up an appointment.

Tips for Minimizing the Risk of an Accident This Winter in New Jersey

January 16, 2021 by The Cintron Firm

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 917-494-5695 to set up an appointment.

Season’s Greetings and Happy New Year

December 24, 2020 by The Cintron Firm

Getting Workers’ Compensation Benefits for COVID-19

December 15, 2020 by The Cintron Firm

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 917-494-5695 to set up an appointment.

Bankruptcy—A Way to Improve Your Creditworthiness

November 27, 2020 by The Cintron Firm

Filing for Bankruptcy Can Positively Impact Your Credit

If you’re struggling to pay your bills, whether because you’ve lost your job, gone through a divorce, or incurred substantial unreimbursed medical expenses (the most common cause of a bankruptcy filing), you may be considering bankruptcy. Though a bankruptcy can help you get a fresh start, and put a halt to the incessant phone calls and letters from creditors, you might fear that filing for protection will make it more difficult for you to secure credit. That’s not necessarily true.

Many Potential Creditors View Bankruptcy Favorably

When a potential creditor is considering your application, the fact that you’ve filed for bankruptcy protection can indicate that you recognized the problem and took specific steps to remedy the situation. Instead of making matters worse by borrowing money (and adding to your debt load) or falling even further behind, you sought the help afforded by bankruptcy law. In addition, whether you qualify to discharge debts in Chapter 7 or must restructure your obligations through Chapter 13, you should end up with more discretionary income, making it more likely that you’ll be able to repay any credit extended.

Your Credit Score Will Likely Go Up Within Six Months

There’s no way around it—your credit score will take a hit when you file for bankruptcy protection. It tends to be short-lived, though, provided you honor your commitments in the bankruptcy proceeding.

A recent study by the Federal Reserve Bank of Philadelphia supports this conclusion and shows that individuals who file Chapter 7 or Chapter 13 see increased credit scores. After six months, the average Equifax credit score for Chapter 7 filers rose from 540 to 620. Chapter 13 petitioners saw an average rise from 535 to 610 over the same period of time.

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 online videoconference. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Happy Thanksgiving

November 25, 2020 by The Cintron Firm

Chapter 13 Bankruptcy—The Basics

October 23, 2020 by The Cintron Firm

Getting a Fresh Start Through a Reorganization Plan

One of the most devastating impacts of the pandemic has been its effect on businesses and workers. If you’ve been furloughed or permanently lost your job, and you’re struggling to make ends meet, you may be considering bankruptcy as a way to find relief from creditors and get your finances in order. To permanently discharge your debts through a Chapter 7 bankruptcy filing, you must pass a “means test.” If you don’t qualify for Chapter 7 relief, your remaining option is a reorganization or restructuring of your debt under Chapter 13. Here’s what that looks like.

An Overview of Chapter 13

When you file for protection under Chapter 13, you have the opportunity to work with your creditors to establish new payment arrangements. An automatic stay goes into effect immediately when you file your bankruptcy petition, which means you won’t receive any more phone calls or letters from debt collectors and won’t have to worry about creditors filing legal action against you.

You and your attorney will identify all your outstanding debts and put together a proposed plan for repaying your creditors over a three-to-five-year period. Often, when negotiating new payment arrangements, you can get a creditor to waive prior late fees and penalties.

The proposed plan must be submitted to and approved by your creditors and the bankruptcy court. If approved and put into action, a Chapter 13 petition provides the protection of the automatic stay for the full three-to-five-year repayment period, provided you honor your agreements. As an bonus, in a Chapter 13 filing, you don’t have to turn over any property to the bankruptcy court. You can keep everything.

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 online videoconference. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.