Do You Have to Show Carelessness by Your Employer?

As a general rule, in personal injury claims, the injured party is required to show that the defendant “breached the duty of care.” Essentially, that means that the at-fault party did not act “as a reasonable person would,” given the circumstances. Under personal injury law, as it has evolved over the centuries, all persons in society are expected to behave prudently or reasonably in all situations, whether driving a car, maintaining property or manufacturing a product.

That principle, however, does not apply to work-related accidents. Workers’ compensation laws, including those in New Jersey, are considered to be “strict liability” measures. Under the concept of strict liability, there’s no requirement that an injured party prove negligence or carelessness. Instead, to qualify for workers’ compensation benefits, an injury person need only show that he or she was injured, and that the injury occurred during the course of employment.

When Is an Injury Work-Related?

The guiding principle, then, when determining eligibility for workers’ compensation benefits, is the determination of whether or not the accident occurred while the victim was on the job. In many situations, the answer is indisputable. An employee injured while operating a machine, lifting or carrying objects or otherwise engaging in duties specifically related to his or her job, will likely qualify for benefits. There are, however, situations where the determination may not be so clear:

• Injuries sustained on a break—In most instances, injuries suffered on a regularly scheduled break will be covered by workers’ compensation, unless the worker leaves the premises to conduct personal business.
• Injuries suffered while traveling—Injuries that occur on a commute (to or from work) are generally not covered, unless the worker makes a detour to conduct work-related activities. Injuries suffered while traveling for work are typically covered, unless the employee was engaged in a wholly or primarily personal activity.
• Injuries at golf outings or other non-work company events—These are generally covered, with a limited number of exceptions (the employee consumed too much alcohol and got hurt, for example)

Contact Our Office

At the Cintron Firm, LLC, we bring more than 14 years of experience individuals who have suffered any type of personal injury, including physical injuries in a work-related accident. To set up an appointment, contact our office at 201-791-1333 or (201) 535-0323 or send us an e-mail.

Can You Seek Benefits If You Are Paid “Off the Books”?

It’s a fairly common practice across the country—many companies pay workers “under the table,” avoiding responsibility for tax withholding. What happens if you’re working for a company, but not on the payroll, and you suffer a job-related injury? As an employee, you’d have the right to seek workers’ compensation benefits. Do you have to be on the company’s payroll to file a workers’ compensation claim? Are you simply out of luck?

In New Jersey, as in other states, there are only two requirements to qualify for workers’ compensation—you must have been injured and the injury must have occurred on the job. Accordingly, the fact that you were not on the payroll will not automatically disqualify you from collecting workers’ compensation benefits.

A caveat, though—if you are determined to be an independent contractor, you will not be eligible to recover workers’ compensation benefits from the employer. As a general rule, when evaluating whether you are an independent contractor or an employee, the courts will consider three factors:

• The extent to which the employer controls your behavior—the type of instruction/direction you receive, any type of training you get from the employer, whether you are subject to worker performance reviews or evaluations
• The extent to which the company exercises financial control—Are you reimbursed for expenses? Who stands to make a profit or loss? Are your services available to others? How are you paid and how regularly?
• Your relationship with the employer—Is there a written employment contract? Do you receive any other benefits? How permanent is the relationship? Are the services you provide integral to the business of the company?

Contact Us

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, including people who have sustained workplace injuries. 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.

Determining When Pedestrians Must Yield to Motor Vehicle Operators

Pedestrian accidents are a serious problem in New Jersey and across the United States, with more than 350 injured pedestrians visiting a hospital emergency room somewhere in America every day. New Jersey has specific laws on the books to protect the health and safety of pedestrians. The goals of those statutes are to encourage the safe sharing of the roadway.

One of the obvious questions has to do with right of way. If a motor vehicle operator has a green light and a pedestrian has the “walk” sign, who actually has the right of way? Here’s how New Jersey addresses that issue:

• As a general rule, a motorist must stop and let a pedestrian cross if the pedestrian is either halfway across the road (through the crosswalk) or so close to the middle that it would create a danger to make the pedestrian stop.
• A pedestrian crossing at an intersection (with a marked or unmarked crosswalk) must yield to the right of way of motor vehicle operators.
• A pedestrian must obey all crosswalk signals (“Don’t walk,” for example), unless instructed by a law enforcement or public safety officer
• A pedestrian may not cross diagonally at an intersection, unless there is a traffic control signal allowing and governing that type of crossing.
• A pedestrian may not enter into a crosswalk if the signal warns against entry or if a vehicle entering the crosswalk would not be able to yield or stop

A pedestrian on a sidewalk always has the right of way with respect to a motor vehicle, whether the driver is leaving or entering a driveway, alley, parking ramp, private road or parking lot.

Contact Us

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, including people who have sustained workplace injuries. 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.

State Law Requires Employers to Permit Time Off

When you’ve been the victim of domestic abuse or violence, it affects every aspect of your life— home, social gatherings and even work. It may be the physical consequences—the need for ongoing medical treatment. But it can also involve deep emotional and psychological trauma, requiring counseling or therapy. When those wounds are still fresh, it can be extremely difficult to perform the functions of your job.

In addition, if you are in a household where others have been subjected to domestic violence, you may have psychological wounds of your own, or may need to be a support mechanism for your loved one.

Recognizing the impact domestic violence can have on your psyche and your ability to effectively handle the duties of your job, the New Jersey legislature passed a law permitting employees who have been involved with instances of domestic violence to take a leave of absence without fear of retribution, including retaliation or termination. The law sets forth fairly specific criteria, however, both with respect to who qualifies and how much time may be taken.

Eligibility for Time Off

To qualify for time off, you must work for a company that has at least 25 employees. In addition, you must have worked at least 1,000 hours for that employer during the previous 12 calendar months.

Before you can take time off, you must provide written notice to your employer. It’s important to note that you do not have to be the victim of domestic violence to qualify for time off, but you will need to provide your employer with appropriate documentation to support your request. That may include:

• A restraining or protective order issued by a court
• Certification from a certified domestic violence specialist, a domestic violence agency or the director of a rape crisis center
• Documentation showing that your accuser was convicted of domestic violence
• Medical records
• Communications from a prosecutor
• Other documentation from a professional, such as a shelter worker, social worker or member of the clergy

The Amount of Time You May Take Off

Under New Jersey’s law, a person can take up to 20 days during the 12 month period following a request for time off.

Contact Us

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, including people who have sustained workplace injuries. 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.