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Are You Limited to Workers’ Compensation after an Injury on the Job?

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Filing a Third-Party Claim for a Work Injury

Filing a Third-Party ClaimWhen you’ve suffered any type of injury in the workplace, your first course of action is typically to notify your supervisor or employer and seek benefits through a workers’ compensation claim. Under New Jersey law, there are only two requirements—you must have suffered and injury and you must have been working at the time. Though a workers’ compensation claim can bring you benefits within a few weeks, if quickly approved, you will be limited with respect to the amount you can recover. Is a workers’ compensation claim your only option? Can you file a personal injury lawsuit after an injury on the job?

The answer—it depends. The workers’ compensation laws were enacted to provide an alternative to a civil lawsuit after a work injury caused by the carelessness or negligence of an employer or co-worker. An injured worker has access to benefits more quickly (a lawsuit may take months or years to resolve) and the employer avoids the possibility of an exorbitant damage award from a sympathetic jury.

However, the workers’ compensation laws only apply to injuries caused by the wrongful act of the employer or a co-employee. If you can show that your injuries were caused by an unrelated third party, you can still file a personal injury lawsuit in a civil court. In fact, you can file a workers’ compensation claim and a personal injury lawsuit simultaneously.

Examples of valid third-party claims include:

  • Product liability actions, where an injury is caused by the breakdown or malfunction of a tool, machine or other device manufactured by a third party
  • Claims for injuries suffered in a job-related motor vehicle accident, where the at-fault driver was neither the employer nor a co-worker
  • Injuries caused by workers on adjoining sites

There are advantages and disadvantages to filing a third party claim. You may be able to recover more than the amount set forth in the workers’ compensation laws, but you’ll likely have to wait a long time to see any actual damage award, unless you settle your claim before trial.

Contact Attorney Howard D. Popper

To learn about how we can help you with a work injury claim, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

The Most Dangerous Time of the Year to Be on the Road?

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Statistics Show Summer Months to Have Highest Motor Vehicle Fatality Rate

Car AccidentIf you live in a northern climate, there’s no question that winter is the scariest time to be on the road, right? There’s snow and ice on the ground, and snow flurries can quickly put you in whiteout conditions. In survey after survey, most northern drivers agree that the risk of injury or death in a motor vehicle accident is at its peak in December, January, February and March. Unfortunately, though, statistics compiled by the National Highway Traffic Safety Commission don’t support that. In fact, the NHTSA data shows that July and August are the two months of the year when traffic fatalities are at their highest.

So what’s behind this seeming anomaly? The NHTSA gives the following reasons for the increased accident and fatality rates in the summer months:

  • There’s more traffic on the roads — More people are inclined to take vacations in the summer. Over the past few years, as gas prices have stayed relatively low, more families and individuals are choosing to drive to a vacation destination. Often, those motorists are driving in unfamiliar territory, one of the common causes of motor vehicle accidents.
  • There are more young drivers on the roads — School is out, so drivers in the 16-24 age range have a lot more time on their hands. Statistics show that this demographic is responsible for about one of every three motor vehicle accidents every year.
  • Drivers may be more fatigued in the summer — The longer days often provide an incentive to drive greater distances and stay on the roads longer. Driver fatigue is also a common cause of car crashes.
  • There are more motorcycles and bicycles on the roads — Drivers may not see them or may not use due caution when going around them.
  • The roads are more likely to be under construction — Summer is “orange barrel” season across most of the country. Unfortunately, a relatively high percentage of motor vehicle accidents are in construction zones or around areas of road construction.
  • Road rage can escalate with increased traffic and hotter temperatures

Contact Attorney Howard D. Popper

To learn your options when you have been injured because of someone else’s carelessness, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all motor vehicle accident injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Qualifying for Social Security Disability Payments

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Social Security Disability PaymentsThe Social Security system was enacted to provide a safety net for individuals who could no longer work. Though many of the recipients of Social Security are people who have retired from gainful employment, Social Security disability benefits are also available to people who cannot earn a living because of a disability or illness.

To collect Social Security disability payments, you must demonstrate that you have a condition that meets the legal definition of a disability. The requirements are threefold:

  • The impairment must be physical or mental (you cannot collect for emotional trauma or disability)—Under Social Security Administration rules, a condition must be “medically determinable.” The burden of proof is always on the applicant for benefits. Typically, the determination of whether this test has been met is based on medical records, statements from licensed physicians or documentation from hospitals or care facilities.
  • The disability must make it impossible for you to engage in any “substantial gainful work.”—the Social Security Administration will first look at whether your injury prevents you from doing the job you had before your disability. If it does, SSA will then assess whether you can perform any other type of substantial gainful employment, based on your age, education, training and work experience.
  • Your disability must have lasted or be expected to last a minimum of 12 months; or must be expected to lead to your death—While your disability must last at least 12 months, you won’t have to wait that long to apply for benefits. Furthermore, if you start receiving benefits, but recover before 12 months has elapsed, you won’t have to pay the money received back.

Contact Our Office

For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton, but will visit you in your home or the hospital, if necessary.

We take all Social Security disability claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

Recognizing the Signs of Elder Abuse and Neglect

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The Telltale Indications of Wrongful Treatment of Elders

Elder Abuse and NeglectWhen your loved one requires care late in life, you want to know that they’ll be safe and that their needs will be met. Unfortunately, with the increasing emphasis on profit and efficiency, the quality of care often takes a backseat to cost-cutting measures. Nursing homes and assisted living facilities frequently operate with less than adequate staffs, and often fail to take the necessary measures to ensure that employees are qualified and trained. Sadly, that’s a recipe for abuse.

Here are some of the warning signs that your loved one may be a victim of wrongful or inappropriate conduct in a nursing home or senior care facility:

  • Signs of physical abuse—Unexplained bruises, cuts, burns or other trauma, including broken bones; recurring trips to see the nurse or a doctor
  • Signs of neglect—Changes in weight or eating habits; poor hygiene, bedsores or ulcers, the same clothing worn all the time, evidence that beds have not been made or rooms cleaned; letters or calls from collection agencies; unused medications; repeated complaints about hunger or thirst
  • Indications of emotional abuse—Sudden withdrawal or unwillingness to engage; irrational fear or anxiety; fear of caregivers; refusal to see family members or friends; dramatic mood or personality shifts
  • Theft or financial exploitation—Missing personal property items, closets or drawers in disarray; sudden request for new roommate or new location

Contact Attorney Howard D. Popper

To learn about how we can help you with a nursing home neglect claim, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Not On the Company Payroll?

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You May Still Qualify for Workers’ Compensation Benefits

Not On the Company PayrollIt’s a fairly common practice among employers—hire workers who aren’t on the payroll, call them “independent contractors,” and then refuse to pay workers’ compensation benefits when they are injured on the job. If your employer is not withholding taxes for you, is paying you cas or otherwise paying you “under the table,” are you prohibited from collecting workers’ compensation benefits? Not necessarily.

In New Jersey, there are only two requirements to establish eligibility for workers’ compensation payments. You must have been injured and the injury must have occurred during the course of your work. The mere fact that you were not on the company payroll will not automatically disqualify you from receiving workers’ compensation.

The law in New Jersey is clear, though, that independent contractors must provide their own coverage for work-related injuries. However, there are fairly rigid tests for determining whether a worker is an employee or an independent contractor. You won’t be deemed an independent contractor, simply because the company says you are.

The Tests for Establishing Independent Contractor Status

When assessing whether a worker is an independent contractor or an employee, the court will generally consider:

  • The nature of your relationship—An oral statement may not suffice, but a written contract will carry some legal weight (it may not be dispositive, though). If you receive other benefits, there’s a greater likelihood you’ll be considered an employee. The more permanent your relationship, the more likely you’ll be construed as an employee. The same is true if the services you provide are essential to the regular business of the company.
  • The extent to which the company controls your behavior—Does the company train you? Do you get most or all of your direction from company employees? Are you subject to performance evaluations, quotas or penalties? How much control do you have over your time, including overtime?
  • Who manages and controls the financial components of the business? Did you make personal investments for equipment or tools? Are you reimbursed for business expenses? Who has the risk of loss or the potential for profit?

Contact Attorney Howard D. Popper

To learn your options when you have been injured because of someone else’s carelessness, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all mass transit accident and injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Do You Have to Have a Witness to Recover Workers’ Compensation Benefits?

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InkuryTo be eligible for workers’ compensation benefits in New York, there are only two requirements—you must have been injured and you must have suffered the injury while performing job-related functions. It’s fairly typical, in the aftermath of a work-related injury, for your employer or the workers’ compensation insurance company to try to deny or diminish your claim. They may allege that your injury wasn’t work-related, that it happened outside of the workplace. If no one saw you get hurt, will you be unable to file a claim? Must you have a witness to prove that your injury was job-related?

Fortunately, the answer is no. There’s no legal requirement that you have an eyewitness to a work-related injury. You may find it more difficult to establish that your injury occurred at work, but that’s often easier than you think. In cases where there is no direct evidence (no one can testify to having seen it happen), the courts give weight to what is known as “circumstantial evidence.” For example, if you were observed coming into work just before your injury and the witnesses did not observe anything wrong with you, but you were found shortly thereafter with a broken leg, there’s strong circumstantial evidence to suggest that your injury was work-related.

It’s not uncommon for workers to suffer serious injury or death without any witnesses, but to still be able to collect workers’ compensation benefits. To succeed, you must demonstrate that the facts strongly suggest one interpretation—that you were hurt on the job.

Contact Our Office

For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton, but will visit you in your home or the hospital, if necessary.

We take all nursing workers’ compensation claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

The Duties of a Common Carrier

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The Degree of Care When a Fee is Charged for Transport

car crashUnder the laws of negligence, which have evolved over the past millennia, every person in society must exercise reasonable care in all actions, so as to minimize the risk of injury to others. Accordingly, if a person gives you a ride to or from somewhere, even if the ride is free, the driver must exercise reasonable care to avoid a possible car crash.

When you pay money to travel on a motor coach, train, passenger boat, taxi or airplane, though, you expect a higher degree of care and a higher level of safety. In fact, the law imposes a duty on individuals and entities that transport either people or goods from one place to another for a fee. They are known under the law as “common carriers,” and typically must adhere to higher legal standards than other motorists.

The Duties of a Common Carrier

Under the law, a common carrier must exercise “the highest degree of care” when transporting individuals or property for a fee. With respect to people, a common carrier must take “all reasonable steps” to prevent injury to passengers. Note that the duty actually may extend to individuals in a waiting area who may subsequently become passengers upon the arrival of a train, bus, truck or other vehicle. However, in most instances, the duty arises once the passenger purchases a ticket.

Contact Attorney Howard D. Popper

To learn about how we can help you with a Social Security disability claim, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Common Causes of Mass Transit Accidents

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The Factors that Frequently Lead to Public Transportation Injuries

car accidentOne of the arguments commonly made to promote buses, light rails, commuter trains and other forms of mass transit is the belief that they offer a safer ride. While mass transit accidents may not be as common as motor vehicle accident, they still happen too often and can result in serious injury and death.

As a general rule, negligence is a contributing factor in most public transportation accidents. Negligence involves the failure to act reasonably in a given situation. Under the laws of personal injury, every person in society has a duty to exercise a reasonable degree of care in all actions. That includes individuals who own or operate mass transit vehicles.

Among the most frequent causes of mass transit accidents are:

  • Carelessness or breach of duty by the driver. This may involve distracted driving, fatigue, impairment by drugs or alcohol, inadequate training or failure to obey traffic laws and signals.
  • Ineffective or inadequate vehicle maintenance—The owner or operator may ignore known mechanical issues or fail to conduct routine maintenance.
  • Dangerous or defective components on the mass transit vehicle—Such components may be defectively designed, manufactured or marketed.
  • Roadway hazards, including poorly designed or maintained thoroughfares
  • Negligence in hiring, training or supervising a mass transit employee—A supervisor may hire an employee without the necessary skills, fail to ensure that they have appropriate instruction on the use and operation of a mass transit vehicle, or fail to monitor the employee for compliance and skill assessment.

Contact Attorney Howard D. Popper

To learn your options when you have been injured because of someone else’s carelessness, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all mass transit accident and injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Workers’ Compensation The Different Types of Payments

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different types of paymentsIn New Jersey, as in other states, when you have suffered injury or illness at work or because of exposure to a work-related condition, you have the right to file a workers’ compensation claim to recover benefits for your disability. There are only two requirements to qualify for workers’ compensation—you must have suffered an injury and it must have happened while you were on the job.

The Different Types of Payments

Workers’ compensation payments are categorized as either temporary or permanent, and as either partial or total. Accordingly, you may recover benefits for:

  • Temporary partial disability
  • Temporary total disability
  • Permanent partial disability
  • Permanent total disability

A temporary disability is one of limited duration. With a temporary partial disability, you may or may not be able to work at all, depending on the nature of the disability. With a temporary total disability, you cannot perform any of the duties of your job.

To qualify for temporary disability benefits in New Jersey, you must miss at least seven full days of work because of your injuries. The benefits paid are 70% of your prior gross weekly wages, but are not subject to income tax. There’s also a cap on the weekly amount paid. You’ll be eligible for payments until you return to work, you’ve reached maximum medical improvement (MMI) or benefits have been paid for 400 weeks.

If you are unable to fully recover from your injuries, you will be eligible for permanent disability benefits. If your disability prevents you from working in any capacity, you’ll receive permanent total disability payments (for as long as you are disabled).

If you have a permanent disability, but can return to work, you may still be eligible for some type of payment for your disability. The compensation for those types of injuries falls into one of two categories:

  • Scheduled losses—those types of injuries specifically identified under the workers’ compensation laws, typically covering injuries to extremities.
  • Nonscheduled losses—all other types of disabilities

The actual amount of a permanent partial disability payment depends on the degree of loss of use as well. For example, if you have an injury to your hand, but it only leads to a 50% reduction in use, you’ll receive one half of the amount set forth in the schedule of losses for hand injuries.

Contact Our Office

For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton, but will visit you in your home or the hospital, if necessary.

We take all nursing home neglect and abuse claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

The Requirements to Qualify for Social Security Disability Payments

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Meeting the Definition of Disability under the Law

social security disability paymentsUnder the Social Security laws in the United States, individuals with certain “disabilities” qualify for compensation. There are three specific criteria for establishing your right to collect SSD benefits:

  • You must be diagnosed with a mental or physical impairment
  • That impairment must make it impossible for you to engage in “substantial gainful work”
  • Your disability or condition must have lasted (or be expected to last) a minimum of 12 months, or must be expected to end in your death

Though it may seem clear to you that you have a physical or mental impairment, actually proving that can be challenging. Here are some guidelines to help you determine if you qualify:

  • Your condition must be “medically determinable.” In essence, that means that your disability must be discovered and described by a medical professional (a doctor or physician). When you apply to the Social Security Administration, you’ll want a letter from your doctor clearly stating the nature of your medical condition and how it prevents you from working. It should also state that you will not be able to work for a minimum of 12 months.
  • You must be unable to engage in any substantial gainful employment. It’s not enough that you can’t perform the job you had when you suffered your injury illness. The Social Security Administration will look at your training, education, work experience and age and assess whether there’s other gainful employment you can perform.
  • Your disability must be expected to prevent you from working for at least a year—You don’t have to wait the year to apply for benefits, but you must have a doctor’s assessment that you will be unable to work for a year, or that your illness is terminal.

Contact Attorney Howard D. Popper

To learn about how we can help you with a Social Security disability claim, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all Social Security disability claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

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