The Cintron Firm, LLC Blog

Was Your Injury Work-Related? Part 1

June 13, 2024 by The Cintron Firm

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

New 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

May 2, 2024 by The Cintron Firm

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

You’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?

April 3, 2024 by The Cintron Firm

The Difference between Criminal and Civil Matters in New Jersey

You’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?

February 24, 2024 by The Cintron Firm

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

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

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

December 13, 2023 by The Cintron Firm

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

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.

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The Common Reasons Workers’ Compensation Claims Are Denied

November 10, 2023 by The Cintron Firm

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

In 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

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.

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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.

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