The Cintron Firm, LLC Blog

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

July 15, 2025 by The Cintron Firm

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

In 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

May 29, 2025 by The Cintron Firm

Understanding Economic and Non-Economic Losses

When 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

April 23, 2025 by The Cintron Firm

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

Under 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

March 26, 2025 by The Cintron Firm

Mistakes You Can Make That Put Your Benefits at Risk

When 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

March 19, 2025 by The Cintron Firm

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

Like 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

Workers’ Compensation for a Work-Related Illness

January 28, 2025 by The Cintron Firm

Can You Qualify for Benefits If You Get Sick Because of Your Job?

When you’ve been injured in an accident on the job, seeking workers’ compensation benefits may seem pretty straightforward. In New Jersey, as in all states, to qualify for benefits, you must only show that you were hurt and that your injury occurred in the course of your employment. But what happens if you become ill, and you believe that your disease or illness was caused or aggravated by conditions on the job? Can you still seek workers’ comp benefits? What must you show?

Will Workers’ Compensation Cover Lost Wages and Medical Expenses Resulting from an Occupational Illness in New Jersey?

Yes. The New Jersey workers’ compensation laws allow workers to recover benefits when they become ill because of exposure to conditions or substances in the workplace. To recover benefits for an occupational disease or illness, you must demonstrate that:

The conditions at your place of employment have been documented to cause the type of illness you suffer; for example, there is evidence that employees have contracted mesothelioma as the result of exposure to certain toxic substances on the job;
As a part of your required duties, you were exposed to the conditions and/or substances that have been shown to cause the illness you suffer;
You did not have a pre-existing condition; and
You were not exposed to conditions or substances outside of work that may have caused your illness.

Typical Workplace Illness Claims That Qualify for Workers’ Compensation

Workers in New Jersey have successfully recovered workers’ comp benefits for a wide range of illnesses arising out of the workplace, including:

Cancer
Lung and respiratory disease, including mesothelioma and asthma
Hearing or vision loss
Carpal tunnel syndrome or other repetitive stress disorders
Infectious diseases, including viruses

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.

Wishing You And Yours A Merry Christmas & Happy New Year

December 24, 2024 by The Cintron Firm

Injuries Caused by Third Parties in the Workplace

December 23, 2024 by The Cintron Firm

Your Options When You’re Hurt by a Third Party on the Job

In New Jersey, as in all states, when you’re injured while working, your first course of action will typically be to notify your employer and file a workers’ compensation claim. The requirements to qualify for workers’ comp are pretty straightforward: you must have suffered an injury and it must have happened during the course of your employment.

But it’s important to understand that workers’ compensation is intended to address injuries caused by your employer or a co-worker. If you suffer injuries because of the carelessness or negligence of an unrelated third party, you may be able to file for workers’ compensation benefits, but you may also have the right to file a personal injury lawsuit in court. If your injuries are caused entirely by your employer or a co-worker, workers’ compensation is the only recourse available to you.

Why Might You Want to File a Personal Injury Lawsuit?

Workers’ compensation laws were enacted in an effort to simplify the process for both workers and employers. As a worker, if your claim is approved, you can start receiving payments within a couple of weeks. Furthermore, as stated above, you don’t have to prove that your employer acted negligently or carelessly. Your injury must simply be work-related.

In a personal injury lawsuit, you will have to establish that the defendant (your employer or another party) was legally negligent. In addition, when you file a personal injury lawsuit, you can expect that, unless you settle before trial, it will be months and possibly years before your case is resolved (and before you receive any type of damage award).

The primary reason for filing a personal injury lawsuit is that you won’t be limited to the benefits available through a workers’ comp claim. The amount you receive through workers’ compensation is based on a specific formula, taking your recent wages into account. As a general rule, if you are fully disabled by your injury, you have the right to recover up to 70% of your average weekly wage. In a personal injury lawsuit, though, the jury won’t be limited to that amount and could return a significantly higher damage award. Of course, the jury may also reject your 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. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Happy Thanksgiving

November 27, 2024 by The Cintron Firm

Common Winter Workplace Injuries in New Jersey

November 21, 2024 by The Cintron Firm

Winter Conditions Contribute to Annual Rise in Job-Related Injuries

It’s winter in New Jersey, which means ice and snow. And if you work outside, it can mean a greater risk of injury on the job. But even if most of your work is inside, you might still be at risk. Statistics show that work-related injuries go up when the weather gets cold. What are the common causes of workplace injuries in the New Jersey winter? Can you seek workers’ compensation for winter work injuries?

What Are the Common Types of Winter Workplace Injuries?

Most winter workplace injuries fall into one of the following categories:

Slips and falls—These may occur outside or inside, caused by an accumulation of snow or ice, or by wet floors when workers track in moisture.
Hypothermia—Employees who are outside for extended periods of time, such as construction workers and delivery drivers, can be at risk of frostbite or hypothermia.
Motor vehicle collisions—Delivery people, outside salespeople, and others are at risk of having accidents on slippery roads in the winter in New Jersey.
Electrocutions—Ice and snow can take down and then obscure live power lines. The moisture caused by melting snow and ice can make the situation worse.

Can You Get Workers’ Comp Benefits for a Winter Workplace Injury?

Absolutely. In New Jersey, as in all states, there are only two requirements to qualify for workers’ compensation. You must show that you suffered an injury, and you must prove that the injury was work-related, i.e., sustained in the performance of your job. You can seek benefits for a slip and fall on icy steps, pavement, or other walkway, but you may also be able to get workers’ comp if your exposure to the weather causes pneumonia or other illness.

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.