Injuries Caused by Third Parties in the Workplace

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

Injuries Caused by Third Parties in the WorkplaceIn 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.

Common Winter Workplace Injuries in New Jersey

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Winter Conditions Contribute to Annual Rise in Job-Related Injuries

Common Winter Workplace Injuries in New JerseyIt’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.

Can You Choose Your Own Doctor When You Have a New Jersey Workers’ Comp Claim?

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What Rights Do You Have With Respect to Who Treats You?

Can You Choose Your Own Doctor When You Have a New Jersey Workers’ Comp ClaimYou’ve been hurt on the job, and it’s either making it difficult for you to work, or it’s preventing you from being gainfully employed. Your first concern, after any injury, is about getting the care you need so that you maximize the likelihood of full recovery. Can you simply schedule an appointment with your primary care physician, or take yourself to the hospital or urgent care facility? How much control do you have over who treats your injuries?

New Jersey Law Generally Gives the Employer the Right to Choose the Caregiver

Unlike most other states, New Jersey does not give an injured worker the right to select a doctor or other caregiver, with a few exceptions. As a general rule, the employer or the workers’ compensation insurance provider gets to select who will provide initial treatment. In the immediate aftermath of an injury, once you’ve notified your employer (who will subsequently notify the workers’ comp insurance provider), your employer will designate who you must see for treatment. You must submit to treatment by the selected doctor, either for the first 10 visits or the first 30 days, whichever is completed first. Once you’ve completed 10 visits or 30 days, you can ask the New Jersey Division of Workers’ Compensation for a change of treating physician, but there’s no right to change your doctor. You can request a second opinion, but such a request must be approved by the insurer.

General Exceptions to the Rule

Under limited circumstances, you may have the right to treatment by someone other than the doctor selected by the insurance company:

  • Any care that is provided on an emergency basis
  • Care for a pre-existing condition by the doctor who previously treated you
  • Care by a physician approved by the workers’ compensation judge after a formal request

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 917-494-5695 to set up an appointment.

Can You get Workers’ Compensation for a Pre-Existing Injury?

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Can You Qualify for Benefits If You Aggravate an Old Injury?

Can You get Workers’ Compensation for a Pre-Existing InjuryYou’ve suffered some type of injury that prevents you from working. Maybe it happened at your current job, or maybe it happened before you came to your current employer. Maybe it wasn’t even related to your job—suppose you hurt yourself playing sports when you were younger and you aggravate that injury on the job. Can your employer or the workers’ compensation insurance company attribute your inability to work to the old injury and reject your claim for workers’ comp benefits?

Qualifying for Workers’ Compensation Benefits

In New Jersey, as in all states, there are only two requirements to be eligible for workers’ comp benefits: (1) you must suffer an injury, and (2) the injury must have been sustained during the course of your employment. So how does that apply when you have a documented pre-existing injury? It all comes down to whether the original injury is currently preventing you from currently or “an aggravation” of that prior injury. The simple fact that you were previously injured will not automatically disqualify you from eligibility for workers’ compensation benefits.

Under New Jersey law, employers take employees as they find them, with all pre-existing injuries and illnesses. There is no affirmative duty to inform an employer of a prior injury; if the employer does not ask, the employee is under no duty to disclose a previous injury. But an employee may not misrepresent the occurrence of a prior injury.

An employee will be allowed to recover workers’ compensation benefits only if they can prove that the prior injury was aggravated by their job. If it can be established that the employee never fully recovered from the prior injury, workers’ comp benefits typically will not be available. However, if the employee was cleared by a doctor to return to work and then aggravated the prior injury, benefits typically will be available.

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.

Actions to Avoid After a Workplace Injury

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Mstakes That Will Put Your Claim at Risk

Actions-to-Avoid-After-a-Workplace-Injury-ImgThe New Jersey workers’ compensation laws are pretty straightforward. As in other states, you don’t have to prove that your employer’s negligence caused your workplace injury. You only need to show two things: that you were hurt and that your injury happened during the course of your employment.

It’s possible, though, for you to inadvertently put your legitimate claim in jeopardy. Here are some of the ways that you can complicate the workers’ compensation process:

Mistake #1—You Don’t Notify Your Employer in a Timely Manner

Under New Jersey law, you have 90 days to let your employer know you’ve been hurt or are suffering some work-related illness. It’s usually in your best interests to tell your employer as soon as possible, though. If you wait unnecessarily, you could suffer an injury unrelated to your employment, which could make it far more difficult to prove that your losses were related to the workplace injury.

Mistake #2—Trying to Do All the Things You Did Before Your Injury

It’s natural, after any type of injury, to want to return to normal as soon as possible. That can often lead you to do things that you shouldn’t, like mowing the lawn, shoveling sidewalks, or engaging in other physical activities. Don’t be surprised if the workers’ compensation insurance company sends a private investigator out to see what you’re doing. Pictures of you engaging in physical activity can be detrimental to your claim.

Mistake #3—Failing to Get Medical Attention

You might not want to see a doctor about your injury as part of an attempt to shake it off or prove your mettle. That won’t benefit you in a workers’ compensation case. If you don’t seek medical attention, it will look for all intents and purposes as if you weren’t injured.

Mistake #4—Trying to Handle Your Workers’ Comp Claim by Yourself

This may be the biggest mistake of all. Though a workers’ compensation claim may seem cut and dried, your employer and the workers’ comp insurer have a vested interest in paying you as little as possible. They’ll look for every opportunity to diminish or deny your claim, and they know a lot more about the workers’ comp process than you do.

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.

Was Your Injury Work-Related?—Part 3

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Work Outside Scope of Duties | Injuries Suffered During Horseplay or in a Work-Related Scuffle

Was Your Injury Work-Related?—Part 3-ImgUnder the workers’ compensation law of New Jersey, an injured worker doesn’t need to establish that the employer was negligent in order to receive benefits. Because workers’ comp is essentially based on the concept of strict liability, a person needs to show only that they suffered an injury and that the injury was work-related.

In the first two blogs in this series, we looked at injuries that occur while a worker is on a break, injuries sustained while at a company social event, and injuries suffered while traveling for work. In this part, we’ll look at two more situations: injuries that occur when you’re doing something that’s not within your job description or while fooling around with a co-worker.

Injuries Suffered While Doing Something Outside Your Job Description

Suppose you’re a machine operator, but your boss asks you to climb a ladder to retrieve a tool or some materials. If you fall off the ladder, can you still recover workers’ comp benefits?

As a general rule, if your supervisor asks you to do something outside of the normal scope of your job, any injuries suffered will be covered by workers’ compensation. Conversely, if your employer has specifically instructed you not to do something outside your job description, but you do it anyway, your claim is likely to be denied. If you’re injured while doing something that your boss neither asked you to do nor specifically prohibited you from doing, you may or may not be eligible for benefits, depending on whether or not your actions were reasonable under the circumstances.

Injuries While Engaged in Horseplay

In most instances, if you’re injured during horseplay that you initiated, your claim will be denied. On the other hand, if you are somehow hurt by the horseplay of coworkers, even though you were not involved in the horseplay yourself, you should be able to recover benefits. ‘

In some instances, even though you initiated the horseplay, you may still be eligible for benefits. The workers’ compensation board will look at a number of factors:

  • How serious was the horseplay, and how long did it go on?
  • Was there a practice in the particular workplace of condoning or even encouraging horseplay? Was it an accepted part of the work environment?
  • Was the horseplay objectively dangerous, or well outside the scope of employment?
  • Did you stop what you were doing to participate in the horseplay?
  • Did the nature of the employment reasonably encourage or lead to horseplay? Did you have a lot of idle time, for example?

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.

Was Your Injury Work-Related? Part 2

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Injuries Suffered While Traveling for Work

Was Your Injury Work-Related? Part 2In New Jersey, as in all states, workers’ compensation benefits are available to injured workers without evidence or proof of negligence by the employer. Generally, the only requirements to qualify are evidence that you were injured and that the injury occurred while you were working.

In the first blog in this series, we looked at injuries that occur while you are on a break or at a company social event. In this part, we’ll consider your rights if you suffer an injury while traveling for your job. What if you are in a motor vehicle accident on your way to or from work or while driving to visit a customer? What if you suffer an injury while away at a work-related conference, sales meeting, or training session?

Injuries Suffered During a Commute Are Generally Not Covered by Worker’s Comp

As a general rule, injuries suffered while you are going to work at the beginning of your shift or heading home at the end of the day are not considered work-related. There are, however, some exceptions:

  • If you take a detour from your normal commute to do something for your employer, at your employer’s request, and you are injured during the detour, you may be eligible for workers’ compensation benefits. For example, if your boss asks you to stop by the post office or pick up bagels for the office on your way to work, you may qualify for benefits.
  • If you leave home and go directly to a customer’s office, you may also be eligible.

Injuries Sustained While Attending a Work-Related Conference, Meeting, or Training Session

Most injuries suffered at conferences, meetings, and training sessions are covered by worker’s comp, unless the activity you were engaging in was wholly personal and not related to your attendance at the event. A slip-and-fall at the hotel where a conference is being held will typically be covered. Injuries suffered in a motor vehicle accident on your way to or from a conference event will also be covered. You may even be able to recover worker’s comp for injuries suffered while away from the meeting center to get something to eat. However, injuries suffered while working out at the hotel fitness room may be deemed a wholly personal activity and not work-related.

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.

Was Your Injury Work-Related? Part 1

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

Was Your Injury Work-Related? Part 1-imgNew 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

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

Getting Compensation after a Workplace Injury in New JerseyYou’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.

Is Fault a Factor in Workers’ Compensation Claims?

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Can You Get Workers’ Comp Benefits If You Cause Your Own Injuries?

Is Fault a Factor in Workers’ Compensation Claims?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 (201) 535-0323 to set up an appointment.

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