Tag Archives: personal injury

Employment Law, Personal Injury

An In-Depth Look at Workers Compensation

New Jersey’s Workers Compensation Program is based on state laws that require employers to carry no-fault insurance that pays benefits to employees who are injured in on the job accidents or who develop work-related illnesses. Examples of the kinds of injuries that workers’ compensation may pay benefits for include the following:

  • Work-related hearing loss
  • Carpal tunnel syndrome
  • A sprained back
  • Whiplash sustained in a work-related vehicle accident
  • Burns

Workers compensation was implemented to protect employers from lawsuits from their employers that could put them out of business while ensuring that injured workers were able to have their medical expenses and lost income covered. Both sides give something up – employers are required to carry insurance (which costs them a monthly premium), and workers are prevented from suing their employers for work-related injuries in almost all cases.

Importantly, the benefits available through workers’ compensation are only intended to pay for an employee’s lost income, medical expense, permanent disability, and vocational rehabilitation. As a result, the total value of workers’ compensation benefits an injured employee receives is often significantly lower than the amount of compensation he or she could have obtained through personal injury claim. For this reason, if it is possible for an injured worker to pursue a personal injury action, it is generally advisable to do so.

Do I Need a Lawyer to Obtain Workers Compensation Benefits?

When workers hear that they do not have to prove fault to obtain benefits, they sometimes believe that getting their benefits will be as simple as submitting paperwork to their employer or their employer’s insurance company. Unfortunately, this is not always the case, and a significant number of injured workers experience significant difficulty in getting the benefits they desperately need. For this reason, it is always a good idea to talk to a lawyer after being involved in a workplace accident or developing a work-related illness. In many cases, an attorney can help you get your benefits more quickly than you would be able to on your own and can help avoid any problems with your claims before they arise. If your claim is denied, having an New Jersey workers comp attorney on your side will make it possible to appeal your denial as soon as possible and maximize your chances of a successful appeal.

Call 732-422-1000 today for a consultation.

If you have been hurt in a workplace accident or developed an illness that you believe is related to your work environment, you should contact an attorney as soon as you can. To schedule a case evaluation with a workers compensation lawyer, call Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl, PC today at 732-422-1000 or send us an email through our online contact form.

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Personal Injury

Don’t Play Pokémon Go and Drive

If you spend any time online or watching the news, you probably have heard of Pokémon Go, a wildly popular smartphone game that was released earlier this summer. The app uses a technology known as “augmented reality” that superimposes images onto a user’s real world surroundings by using the phone’s camera function. The game involves users moving through the real world while looking “through” their phones to collect various in-game items and Pokémon, which are fictional creatures.

The popularity of the game has prompted many law enforcement agencies around the country to issue warnings regarding playing and driving, according to this report. These warnings are not being issued without reason, as there have been reports of serious accidents caused by Pokémon Go since the app was released.

Distracted Driving Can Cause Serious Accidents

Pokémon Go is just another example of the significant and dangerous distractions that smartphones can pose to drivers and others on the road. Between texting, checking email, taking calls, browsing the internet, and playing games, there are virtually limitless distractions that on can find on a smartphone. For this reason, many states and municipalities have prohibited drivers from using handheld electronic devices, with varying degrees of success.

Driver Distractions can be Low-Tech as Well

Distracted driving does not have to be the result of 21st-century technology to be dangerous, however. Even drivers who prudently put their phones away while driving can fall victim to distractions that have the potential to result in serious accidents. Some common examples of driver distractions include the following:

·         Grooming

·         Eating

·         Daydreaming

·         Drinking

·         Looking at scenery

 ·         Adjusting the radio

·         Looking at a map

·         Searching for items in the vehicle

·         Talking to passengers

·         Applying makeup

Fortunately for people who have been injured by distracted drivers, in most cases, they will be able to recover compensation for their losses. Common damages available in distracted driving cases include medical expenses, property damages, lost income, and physical and emotional pain and suffering. TO learn whether you will be able to recover compensation, call a personal injury attorney today.

Call 732-422-1000 today for a consultation.

If you have been hurt by a distracted driver, you should contact a New Jersey personal injury lawyer as soon as possible. The attorneys of Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl, PC have over 50 years of experience practicing law in the state of New Jersey and provide aggressive legal representation to the victims of preventable accidents. To schedule a consultation with one of our lawyers, call us today at 732-422-1000 or send us an email through our online contact form.

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Personal Injury

After the Accident: 12 Essential Steps

The screech has echoed, your heart is racing and someone is yelling—the immediate aftermath of a car accident can be tremendously stressful, and common mistakes made in this critical time frame can cause an immense amount of preventable headaches. Here’s what you need to do following a car accident to ensure you’re able to get back to normal as soon as possible afterwards.

  1. Stay where you are. Don’t leave the scene of the accident until you are absolutely sure it is time, which includes at least the first six steps on this list. This is particularly serious if someone was injured or killed, as there are severe criminal penalties for ‘hit and run’ incidents.
  2. Assess the health of those involved. Don’t even think about checking out that knocked over mailbox before you know that all the passengers and drivers involved are physically well. This may include calling for an ambulance. Let certified emergency personnel do any moving of people who may have sustained back or neck injuries.
  3. Call law enforcement. In many states it is a crime for not filing a police report after an accident. Be sure you record the name and badge number of the officer who responds, and get the number on the police report as well.
  4. Exchange your information. With the other drivers involved, be sure that you obtain their: name, phone number, address, driver’s license number, license plate number, and insurance information. Also be sure to get the basic information of passengers involved.
  5. Speak with people at the scene. If there are witnesses in addition to those drivers and passengers, do get quotes from these people on what they saw, and ask for contact information if possible. See if there have been multiple incidents in that location previously.
  6. Photograph the incident. As soon as possible following the accident, take photographs of your vehicle or any property damage that may have occurred. This will help your insurance properly account for the damages. And while we’re at it…
  7. Call your insurance. Cooperate with your insurance company in telling exactly what happened, even if you are at fault. Give them the full information from the police report and details regarding any injuries you have sustained.
  8. Obtain a property damage valuation. Also from your insurance company, get the numbers on how they’ve valued the damage to your vehicle. If you don’t agree with their assessment, you can seek out a second opinion.
  9. Track your own well-being. Keep detailed records of medical treatment you have following an accident, including documenting expenses and doctors’ recommendations. Additionally, record if you have had to miss work due to your injuries and other ways the incident has affected your daily life.
  10. Speak cautiously. Especially at the scene of the accident, do not apologize for anything, as it can be considered a legal admission of guilt. Afterwards, be careful about speaking with other insurance companies about the incident, and refer those calling unannounced to your attorney or own insurance company.
  11. Consider the settlement. If you’re being offered a settlement before your physical injuries have been healed, take care not to rush into signing off any future rights to compensation. Discuss this additionally with your attorney, as explained below.
  12. Work with your attorney. You’ll need an experienced personal injury lawyer to help you after an accident to get the compensation you deserve, and we at Borrus, Goldin, Foley, Vignuolo, Hyman and Stahl, P.C. are up to the task. Call us today for a consultation at 732-422-1000.
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