Make Sure You Immediately Notify Your Employer When Hurt At Work

In New Jersey, it is important to notify your employer when you have injured yourself at work. Unless an employer has actual notice of an injury, the employee is required to give notice within fourteen (14 days of the injury. Should the employee fail to give notice within fourteen days of the injury, he or she is not entitled to compensation, whether temporary or permanent in nature, until such notice is given. N.J.S.A. 34:15-17.

If notice is given within 30 days of the injury any incomplete or inaccurate information provided in the notice shall not bar the employee’s right to receive compensation unless the employer demonstrates that it was prejudiced by the incomplete or inaccurate information, in which case the employee’s right to compensation is barred to the extent of such prejudice. N.J.S.A. 34:15-17.

If notice is given within 90 days of the injury and the employee can provide a “reasonable cause or excuse” for the delay in providing notice, the employee may receive compensation. N.J.S.A. 34:15-17. If notice is not given within 90 days of the injury, no compensation is allowed. N.J.S.A. 34:15-7. Therefore, it is very important that you promptly notify your employer when injured at work.

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To arrange a private meeting, contact us by e-mail or call our office at (908) 200-2297. Evening and weekend meetings are available upon request. We take all major credit cards.

Is Your Injury Work-Related? – Part Two

Is Your Injury Work-Related? – Part Two

In an earlier blog, we explained the requirements to qualify for workers’ compensation benefits in New Jersey: you must have been injured and the injury must have been in the course of your employment. In that blog, we looked at whether you qualify for workers’ compensation if you were hurt during a work-related break or while traveling for your job. In this blog, we look at eligibility if you suffered injury at a company-sponsored event, or if your injury resulted from your own wrongdoing.

Injuries Suffered at a Company Outing or Event

It’s become pretty common for employers to sponsor team-building or employee appreciation events, such as golf outings or trips. What happens if you suffer an injury at a company-sponsored outing? In most instances, you’ll be able to seek workers’ compensation benefits, even if attendance was optional. There are exceptions, though. If you were engaged in some unreasonable conduct when the injury occurred, your claim may be denied. For example, suppose your employer sponsored a zip-lining event as a team-building event and you became drunk and suffered an injury. Unless your employer provided the alcohol, you probably won’t be able to recover workers’ compensation benefits.

Injuries Resulting from Your Own Wrongdoing

Workers’ compensation laws are generally no-fault statutes—that means that you are covered regardless of who caused the accident. Accordingly, your own negligence won’t prevent you from recovering benefits. However, if your employer can show that you intentionally injured yourself, or that you consciously disregarded company policy or safety rules, your claim may be denied.

Contact Us

To arrange a private meeting, contact us by e-mail or call our office at 908-200-2297. Evening and weekend meetings are available upon request. We take all major credit cards.

We handle all workers’ compensation cases on a contingency basis. There will be no attorney fees unless we get compensation for your losses.

The Fatal Four – The Most Common Construction Site Accidents

The Fatal Four – The Most Common Construction Site Accidents

There are lots of ways to get hurt on a construction site, and the injuries are often serious. In fact, statistics show that more than 900 construction workers died from work-related accidents in 2015, with nearly two out of three caused by four types of accidents—the so-called “fatal four.”

Falls from Heights

More than any other factor, falls from heights cause fatal accidents on residential and commercial construction sites. Studies show that that almost 40% of the accidental deaths on building sites involve falls from upper levels or roofs, as well as poorly designed, constructed or maintained scaffolding or ladders. Often, owners or contractors fail to install safety mechanisms, including barriers, guard rails or construction fences. In addition, many workers die because of the malfunction of cranes, elevators, harnesses and other devices that allow them to work at heights.

Falling Objects

Another one in ten of the deaths occurring on construction sites are caused by falling objects. This can include a wide variety of items, from construction materials to tools or job site debris.

Electrocution

Often, in the push to complete a project, carpenters and other construction workers will be side-by-side with electricians, exposing them to live electrical current. In addition, many projects go up around live overhead power lines. Electrocutions account for nearly 10% of all construction site deaths.

Caught-Between Accidents

These types of accidents can happen a number of different ways. A worker may get trapped or crushed under equipment or between heavy equipment and the building structure, or by a collapsing wall or trench. Caught-between accidents are responsible for approximately 7% of all construction site deaths.

Contact Us

To arrange a private meeting, contact us by e-mail or call our office at 908-200-2297. Evening and weekend meetings are available upon request. We take all major credit cards.

We handle all construction site injury cases on a contingency basis. There will be no attorney fees unless we get compensation for your losses.

Will a Preexisting Condition Prevent You from Recovering Workers’ Compensation Benefits?

Can You Recover Workers’ Compensation Benefits If You Had a Preexisting Condition?

Under the workers’ compensation laws of New Jersey, you are entitled to pursue disability payments if you meet two tests: you were working and you suffered the injury while on the job. But what if you had a preexisting condition? What if you suffered an unrelated injury in a motor vehicle accident or some other incident in the past? Can your employer or the workers’ compensation insurance company argue that the injury was not work-related and that you’re not entitled to benefits?

Under New Jersey law, a workers’ compensation claim cannot be rejected solely on the basis that the injured worker had a preexisting condition. If you can show that your current injury is an aggravation or exacerbation of a pre-existing injury, and not simply the consequence of that prior injury, your current employer’s workers’ compensation carrier can be required to provide you with benefits.

One of the key factors when you have a preexisting condition is showing that some current work-related activity has made the prior injury worse. For example, if you hurt your shoulder playing tennis as a child and you get a job lifting boxes above your head, the fact that your new job causes you to experience pain resulting from the tennis injury will likely not suffice to allow you to file a workers’ compensation claim. However, if you slip and fall on the shoulder, or if you are suddenly required to lift boxes or items that are much heavier, and there’s new pain, you may be able to seek workers’ compensation benefits.

Contact Us

To arrange a private meeting, contact us by e-mail or call our office at 908-200-2297. Evening and weekend meetings are available upon request. We take all major credit cards.

We handle all workers’ compensation cases on a contingency basis. There will be no attorney fees unless we get compensation for your losses.

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