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What Are Your Options When You Have Been Hurt in a Work-Related Car Accident?

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Work-Related-Car-Accident

When you’ve been injured on the job, your first course of action is typically to notify your employer and take the necessary steps to apply for workers’ compensation benefits. Under New Jersey law, workers’ compensation can often be your “exclusive” remedy for injury or illness suffered in the workplace. That’s not always the case, though, and one of the situations where you may be able to go outside of the workers’ compensation system is when you’ve been hurt in a motor vehicle accident while working. Here’s how it works.

The New Jersey workers’ compensation laws are intended to provide a streamlined way for you to get benefits when you have been hurt because of the carelessness or negligence of your employer or a co-employee. It does not apply (and does not limit you) when your injuries are caused, in whole or in part, by the wrongful actions of an unrelated third party. If you are involved in a motor vehicle accident while working, and the accident was caused by the other driver (who was neither your employer nor a co-worker), you have the right to bring a personal injury lawsuit against that person in civil court. In fact, you can file a workers’ compensation and a personal injury lawsuit simultaneously, seeking to recover for losses from the same accident.

There are advantages and disadvantages to filing a personal injury lawsuit for a work-related injury. The primary advantage—you won’t be limited in your recovery to the amounts set forth in the New Jersey workers’ compensation laws. The primary disadvantage—it can take months or years before you actually receive any monetary award.

It’s also important to know that you can’t recover twice for the same loss. For example, if your medical expenses were covered by workers’ compensation, you cannot recover for the same medical expenses from a third party in a civil suit.

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 personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

The Common Causes of Commercial Truck Accidents

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Commercial-Truck-Accidents

Though the weight limits can fluctuate, based on a variety of factors, a fully loaded commercial semi or tractor-trailer can haul as much as 80,000 pounds on New Jersey’s highways. If you’re a passenger in an automobile and you are involved in a collision with one of those behemoths, the consequences are almost always serious and catastrophic. Unfortunately, such accidents happen far too often and for many different reasons. Here are two of the most frequent causes of large truck accidents.

Improper Conduct by the Driver

The Federal Motor Carrier Safety Administration compiles statistics every year regarding the causes of truck accidents. Many of the most frequent causes stem from inappropriate or wrongful behavior by truck drivers. Often, it’s some form of substance abuse, frequently involving the use of stimulants to increase time behind the wheel. Excessive speed and carelessness in loading an 18-wheeler are also significant factors in the number of large truck accidents every year. Other driver-related causes include:

  • Driving on unfamiliar roads, leading to excessive speed or sudden braking
  • Driving while distracted by cell phones, radios or other devices, or by roadside attractions
  • Improper or illegal lane changes
  • Failure to use turn signals

Violation of Trucking Regulations

Because of the known risks posed by big rigs, state and federal legislatures have implemented specific regulations: restrictions on the amount of time drivers may spend behind the wheel during a given period, and regulations requiring regular maintenance of vehicles. Often, though, because drivers are paid by the mile, there’s enormous pressure to skirt or ignore the regulations, leading to serious accidents caused either by driver fatigue or by mechanical failures.

Contact Attorney Howard D. Popper

To learn your options after suffering an injury in a commercial truck accident, 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.

Happy Thanksgiving

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Happy Thanksgiving 2018

We set aside one day every year to give thanks, but here at Law Office of Howard D. Popper, PC, we are thankful throughout the year for the relationships that we have built with our clients. We value your trust and your confidence, and we are committed to helping you achieve your goals.

We hope that this holiday gives you a chance to reflect on treasured memories and cherished relationships. Happy Thanksgiving!

Slips and Falls in New Jersey—The Duties of Property Owners

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Slips-and-Falls-in-New-Jersey

In New Jersey, as with all other states, there are laws governing the responsibilities of residential and commercial property owners, providing protection to people who have suffered injury on real property. As a general rule, the owner (or person responsible for exercising control) of the premises has a duty to maintain them in such way as to minimize the risk of injury to anyone lawfully on the property.

The first thing to understand is that there’s no absolute duty to repair any safety risk. Though that can meet the duty to properly maintain the premises, the owner has other options, including:

  • Preventing access to that part of the property where the risk of injury exists
  • Providing reasonable notice to potential visitors of the known risk

It’s also important to understand that the duty imposed is one of reasonableness. A property owner won’t necessarily be liable for any hazardous condition—only those of which he/she was or should have reasonably been aware and could reasonably take measure to address. For example, a property owner may have a duty to remove snow and ice from a sidewalk, steps or other thoroughfare, but need not go to extraordinary measures to clear a snowy or icy path.

The duty is only owed to those who are legally on the property—trespassers typically don’t have a claim for a slip and fall injury. With respect to persons legally on the property, New Jersey distinguishes between “invitees” and “licensees.” An invitee is typically someone who is on the property for the benefit of the owner—the owner owes that person the highest duty of care. A licensee, on the other hand, is typically on the property for his or her primary benefit. There’s still a duty owed, but only to the extent the owner knew or should have known about the condition and would have been reasonably expected to fix it.

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

Workers’ Compensation vs. Personal Injury Litigation—What’s the Difference?

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Personal-Injury-Litigation

So you’ve been injured on the job—maybe in a motor vehicle accident while handling a workrelated task, or you were hurt when a machine or tool malfunctioned. In New Jersey, as in other states, you have a right to seek compensation for any disability that prevents you from working. However, a car accident or product liability claim may also be the basis for a personal injury lawsuit.

In an earlier blog, we looked at what are known as “third party lawsuits” for injuries suffered while working. We talked about the situations where you can file a workers’ compensation claim simultaneously with a personal injury action. But what are the fundamental differences between a workers’ compensation claim and a personal injury lawsuit?

The Question of Fault

In a personal injury action filed in civil court, one of the key elements that must be proven is fault. To recover any compensation, the injured party (the plaintiff) must demonstrate to the court that some other person caused his/her injury, either in whole or in part. In fact, if the plaintiff is partially responsible for his or her injury, the damage award will be reduced and may even be rejected.

On the contrary, the New Jersey workers’ compensation law is a “no-fault” system—there’s no need on the part of the injured party to show negligence. In fact, there are only two requirements—the injured party must show that he or she was injured and that the injury occurred during the course of employment.

The Compensation Available

One of the unique characteristics of the workers’ compensation system is that it provided relatively fixed benefits. The amount that will paid to an injured worker will be calculated based on his or her average weekly wage, as well as the degree of disability. There is, however, a ceiling to the amount that will be paid, and an injured worker will typically only receive compensation for lost wages and reasonable and necessary medical expenses.

In a personal injury lawsuit, there’s generally no such limit. While a jury can attempt to calculate damages based on lost income, the jury can also award compensation for certain non-economic damages, such as pain and suffering or loss of companionship/consortium.

Contact Attorney Howard D. Popper

To learn your options after a personal injury, 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.

First Personal Injury Claim Filed for Scooter Accident in New York

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Scooter-Accident

If you live in one of the nation’s big cities, you’ve seen scooters on the roads—they seem to be everywhere. While they’re convenient and extremely popular, they can also be pretty dangerous, both for riders and pedestrians. Though there have been a number of lawsuits filed in the past couple years in other states where the scooter bug has been around for a bit more time, it’s taken until now for the first personal injury claim involving a scooter accident to be filed in the state of New York.

According to documents filed in the United States District Court for the Southern District of New York, the injured party, Victor Medina, was aboard an Inmotor Go electric scooter in the Bronx on June 16, 2018 when the accident occurred. He contends that he was operating the vehicle in a manner consistent with its intended use. Mr. Medina alleges in his complaint that, while operating the vehicle at a reasonable speed, he was “suddenly and without warning” slammed to the ground, losing consciousness and suffering serious and catastrophic injuries, including a concussion, a dislocated jaw, knee and shoulder lacerations and other permanent injuries.

In asking for damages, Mr. Medina alleges that Inmotor carelessly designed the product, failing to consider and incorporate safer designs, and failing to provide adequate warnings about the risks involved with the use of the scooter. He also contends that the company failed to conduct appropriate safety testing before putting the product on the market.

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

What is PIP and How Does It Work in New Jersey?

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Work-in-New-Jersey

In the aftermath of a motor vehicle accident, one of the first things you’ll typically do is get information about the at-fault party’s insurance provider. That’s not so that you can file a claim directly with their insurer—that’s not how it works in New Jersey. Because New Jersey is a “no-fault” state for the purposes of automobile insurance, you’ll typically file any insurance claims with your own carrier, and your insurance company will seek reimbursement through a legal action known as subrogation.

When you purchase motor vehicle insurance in New Jersey, there’s a requirement that your policy include a provision that addresses “personal injury protection,” also known as “PIP.” PIP is designed to compensate you for any injuries you suffer in a motor vehicle accident, regardless of who is at fault.

There is some flexibility in the amount of coverage you can obtain through PIP coverage. As a general rule, the coverage is $250,000, but you can purchase as little as $15,000. Your PIP provision covers a wide range of medical losses, including:

  • Medical treatment, including the costs of surgical procedures
  • Facility costs, whether at a hospital, urgent care or doctor’s office
  • Diagnostic procedures
  • Rehabilitation and physical therapy
  • The costs of an ambulance

You can also collect payment for lost wages through a New Jersey PIP claim, although the amount you receive cannot exceed your normal income. You can also have the costs of necessary services covered, such as housecleaning, laundry, yard work and snow removal.

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 personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

What Kind of Disability Benefits Can You Expect When You File a Workers’ Compensation Claim?

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Workers'-Compensation--Claim

In the aftermath of a work-related injury in New Jersey, you may have mounting expenses and little or no income. It’s important to know what types of disability benefits pursuant to a New Jersey workers’ compensation filing.

Workers’ Compensation Disability Payments in New Jersey

In New Jersey, the workers’ compensation laws don’t technically call for benefits for lost wages. Instead, when you’ve suffered a work-related injury, you can seek “disability payments,” which may be either temporary or permanent. Practically speaking, though, the determination of the amount of benefits looks the same as it does in other states—there’s a calculation of your average weekly wage, and you can receive up to 70% of that amount, based on your degree of disability. The law also sets a cap on the weekly amount that will be paid.

Temporary disability benefits are paid in New Jersey until you return to your job or reach “maximum medical improvement.” Temporary disability benefits are paid for a maximum of 400 weeks. Once you’ve attained maximum medical improvement, you can be examined by a doctor to determine if you qualify for payments for a permanent disability.

If the workers’ compensation judge determines that you are permanently and totally disabled, you can receive your full disability payment as long as you are disabled (and even for life), but you’ll need to have your permanent disability status confirmed by a physician on a regular basis. If your disabilities are permanent, but only partial, you will still be entitled to benefits, which will be calculated either as a schedule or as a non-schedule loss.

A schedule loss is a permanent disability involving certain body parts, such as arms, legs, hands, feet, fingers, toes, eyes and teeth. It’s referred to as a schedule loss because the law includes a specific “schedule” that identifies the number of weeks of benefits you will receive for the specific type of injury. Once you have proven an injury to a specific body part, the workers’ compensation judge will “rate” your injury, a method for determining the extent to which your permanent injury limits your capabilities. You’ll be entitled to the full amount of benefits per week, but the number of weeks will be reduced by the percentage of your disability. For example, if an injury entitles you to 300 weeks, but you are only considered 75% disabled, you will only receive benefits for 225 weeks.

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 personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

Third Party Responsibility in Motor Vehicle Accidents

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Motor-Vehicle-Accidents

In an earlier blog, we looked at a couple of situations where a person not driving a motor vehicle could be found liable for injuries suffered in a crash involving that vehicle: where the driver was in the course of employment at the time of the crash (imposing potential liability on the employer) and where the driver of the car causing the accident was merely borrowing the car (imposing potential liability on the owner of the car).

There are a number of other situations where a third party—someone other than the drivers of the respective vehicles—can be found liable for injuries suffered in a motor vehicle accident:

  • Where the driver is a minor—There are two legal theories under which parents may be held liable for injuries suffered in accidents caused by their minor children—negligent entrustment and vicarious liability. To recover under a theory of negligent entrustment, you must show that the parents knew or should have known of the child’s history of negligence or carelessness behind the wheel and let the child drive the family car anyway. Under a theory of vicarious liability, a parent who sends a child on an errand can be found responsible for injuries caused in an accident that occurs on that errand.
  • Where the accident was caused by a product failure—Under the law of product liability, anyone in the distribution chain may be found liable when injuries are caused by a dangerous or defective product. That includes the designer, manufacturer, distributor, wholesaler or retailer.
  • Where the accident was caused by a drunk driver—Dram shop and social host liability laws allow you to bring a personal injury claim against the person or establishment that served the alcohol.
  • Where the accident resulted from a roadway defect—A municipality may have liability if the accident was caused by a pothole, uneven roadway, missing sign or poorly designed curve or stretch of road.

Contact Attorney Howard D. Popper

To learn your options after a car accident during work hours, 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.

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