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Filing a Personal Injury Claim for a Workplace Injury

January 6, 2021 by

Can You Get Civil Damages in Addition to Workers’ Comp?

Filing a Personal Injury Claim for a Workplace InjuryUnder New Jersey law, most employers must carry workers’ compensation insurance to cover their employees. There are only two exceptions—where the employer is covered by a federal program or has been approved to be self-insured (in which case the employer pays benefits directly to the injured worker).

Because of the prevalence of the workers’ compensation system, there’s a misperception that, when you’re hurt on the job, your only recourse to recover lost wages, medical expenses, and other losses is through a workers’ comp claim. In limited circumstances, however, you might be able to file a personal injury lawsuit in civil court seeking damages for an injury sustained on the job. Here’s how it works.

Workers’ Compensation Claims in New Jersey

New Jersey workers’ compensation law was enacted to streamline the claims process for injured workers and help employers more effectively manage the financial consequences of workplace injuries. Workers can start receiving benefits within weeks, and employers don’t have to worry about sympathetic juries returning inflated damage awards.

Workers’ compensation law, however, only covers injuries caused by the carelessness or negligence of an employer or coworker. In those instances, workers’ comp provides the only source for reimbursement of losses.

Third-Party Claims in Workplace Accidents

When a workplace accident is caused, in whole or in part, by the wrongful actions of someone other than your employer or a fellow employee, you are not limited to the benefits provided by a workers’ compensation claim. Instead, you can file a personal injury lawsuit in civil court. In fact, you can file a personal injury claim and a workers’ compensation claim at the same time, though you can’t recover for the same losses in both proceedings. For example, if your medical expenses are paid by workers’ comp, you can’t recover them again in a personal injury lawsuit.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment. We are currently communicating with clients by phone, text message, and videoconference. Evening and weekend consultations are available upon request.

Filed Under: Workplace Injuries Tagged With:

Remedies Other Than Workers’ Compensation

December 27, 2020 by

Third-Party Claims After a Work-Related Injury

Remedies Other Than Workers CompensationIn New Jersey, when you’re hurt or contract an illness on the job, you have a right to seek workers’ compensation benefits. The benefits available through a workers’ comp claim cover reasonable and necessary medical expenses, and can serve to replace lost income. You may, however, have other losses not covered by workers’ compensation. Can you seek compensation for uncovered expenses in other legal proceedings?

Third-Party Claims for Injuries at Work

The workers’ compensation laws are designed to provide a streamlined claims process when losses ae caused by the carelessness or negligence of an employer or co-worker. If, however, your injuries are also caused in part by the wrongful acts of a third party (unrelated to your employer), you may seek damages in a civil suit filed in court. In fact, you can simultaneously file a workers’ compensation claim and a personal injury lawsuit. You may not, however, recover twice for the same losses. For example, if medical expenses are paid through your workers’ comp claim, you can’t recover for those same medical costs in a personal injury lawsuit.

There are a number of situations where you may have a valid third-party claim:

  • Motor vehicle accidents that occur during the course of employment—You can seek damages in court from at-fault drivers, provided they are not co-workers or your employer.
  • Injuries caused by a defectively designed or manufactured product—You can sue the company or individuals who designed or built the product.
  • Injuries caused by workers on an adjoining jobsite—This applies most often to situations involving construction-site-injury claims.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment. We are currently communicating with clients by phone, text message, or videoconference. Evening and weekend consultations are available upon request.

Filed Under: Workplace Injuries Tagged With:

Season’s Greetings and Happy New Year

December 24, 2020 by

Season's Greetings and Happy New Year

Filed Under: Uncategorized

Slip-and-Falls in Snowy or Icy New Jersey Weather

December 21, 2020 by

Your Rights to Compensation | The Duties of Property Owners

Slip-and-Falls in Snowy or Icy New Jersey WeatherWinter in New Jersey means snow and ice covering sidewalks, steps, parking lots, driveways and other thoroughfares, making pedestrian travel treacherous. What are the duties of New Jersey property owners with respect to the removal of snow and ice? Can you recover compensation when a commercial or residential property owner fails to reasonably remedy snowy or icy conditions?

Premises Liability in New Jersey

As a general rule, a residential or commercial property owner has a duty to take reasonable steps to monitor real property conditions to minimize the risk of personal injury by persons legally on the premises. Though snow and ice are naturally occurring, and can come with little notice, a property owner may still have a legal obligation to take steps to protect visitors.

In New Jersey, where snow and ice are common, it’s reasonable for property owners to expect such weather and be prepared to respond, either by removing the snow and ice or limiting access to sidewalks, steps, or other locations where visitors might slip and fall. But a property owner is not automatically liable if someone slips and falls on snow or ice. A property owner typically is liable only if his or her response was unreasonable.

The standard of care varies in New Jersey, based on who owns the premises:

  • Residential property owners have responsibility if they invite someone to their home but fail to take reasonable measures to address potential risks posed by an accumulation of snow and/or ice.
  • Business owners have a higher duty. Because a business can reasonably expect their premises to be used by consumers, they must either clear snow and ice or post a warning of the potential danger.

Contact an Experienced Cherry Hill, New Jersey, Slip-and-Fall Lawyer

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment. We are currently communicating with clients by phone, text message, and videoconference. Evening and weekend consultations are available upon request.

Filed Under: Slip and Fall Injuries in New Jersey Tagged With:

Was Your Injury Work-Related, Part II

December 17, 2020 by

Business Travel

Was Your Injury Work-RelatedAs we set forth in the first blog in this series, there are only two requirements to qualify for workers’ compensation benefits in New Jersey. First, you must have been hurt or become ill, and second, the injury or illness must have occurred while you were on the job or been caused by events that occurred while you were performing work-related tasks. In many instances, it’s obvious whether your injuries were work-related, but there are some circumstances where it may not be as clear.

Injuries Sustained While Traveling for Business

If your job requires you to travel, whether periodically or on a daily basis, situations can arise where you may or may not qualify. As a general rule, if you are injured while traveling for work, you’re eligible for workers’ comp benefits. For example, if you’re driving to a client’s office for a meeting, or headed to the post office to mail work-related items, you’re entitled to benefits for any injuries sustained. You generally can’t get workers’ compensation for injuries suffered during your commute or while taking lunch off the premises. However, if you pick up food for others at the request of a supervisor, or engage in work-related tasks while on the road (for example, delivering a package or buying office supplies), any injuries sustained while engaged in those work-related activities are covered.

If you attend conferences, workshops, seminars or conventions for work, the following rules generally apply:

  • Injuries sustained on your way to and from the conference, or while traveling to and from conference events while there, are covered.
  • Injuries suffered in essential activities while at a conference—going out for dinner, attending sessions, etc.—are covered.
  • Injuries suffered while engaging in wholly personal activities—going to a health club, visiting Disneyland or other tourist attractions—are not covered.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment. We are currently communicating with clients by phone, text message, or videoconference. Evening and weekend consultations are available upon request.

Filed Under: Workplace Injuries Tagged With:

Happy Thanksgiving

November 25, 2020 by

Happy Thanksgiving

Filed Under: Uncategorized

Qualifying for Workers’ Compensation Benefits

November 24, 2020 by

Was Your Injury Work-Related?

Qualifying for Workers’ Compensation Benefits In New Jersey, when you suffer an injury or contract an illness at work, you have a right to workers’ compensation benefits, provided you can prove that the injury or illness happened during the normal course of your duties. In some situations, it may be unclear as to whether you actually were on the job.

Injuries Suffered While on a Break

State and federal labor laws require breaks when employees work a certain number of hours. As a general rule, if you’re taking a break on your employer’s premises at the time you’re injured, you’re entitled to worker’s comp. For example, if you slip on a wet floor in the break room, you’re entitled to workers’ compensation.

There are exceptions, though. If you suffer injury on break while engaging in horseplay, or otherwise violating company rules, you will likely be denied benefits.

Injuries Suffered While at Lunch

If you eat your lunch onsite, whether you bring your own or eat in a company lunch room or cafeteria, you’re eligible for workers’ compensation benefits for any injuries that occur during your lunch break. However, if you leave the premises for a meal, any injuries suffered while you are off the grounds are not covered, unless you also are performing errands at the request of a supervisor. If your boss asks you to get lunch for others or go to the post office, for example, your trip is considered work-related, and you’re be entitled to seek workers’ compensation benefits for any injuries you suffer.

Injuries Suffered During Your Commute

You cannot recover for injuries suffered on your drive to or from work unless you divert from your normal route to take care of business for your employer.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment. We are currently communicating with clients by phone, text message, or videoconference. Evening and weekend consultations are available upon request.

Filed Under: Workers' Compensation Tagged With:

The Importance of Wearing a Motorcycle Helmet

October 27, 2020 by

Statistics Show the Need for and Positive Impact of Wearing a Helmet

Importance-of-Wearing-a-Motorcycle-HelmetAccording to statistics reported by the state of New Jersey, more than half of all motorcycle accidents occur in intersections, with about two of every three caused when other motor vehicle operators fail to see a biker. Excessive speed is a factor in the majority of motorcycle accidents, and lack of experience accounts for one in every five fatal motorcycle accidents.

Safety advocates have long encouraged bikers to wear an approved helmet, urging that such use has can minimize injuries in collisions. New Jersey requires all bikers to wear a securely fitting helmet that complies with federal Department of Transportation (DOT) guidelines, including a neck or chin strap, as well as reflectors on both sides.

A number of other statistics support the use of motorcycle helmets:

  • Contrary to popular perception, a helmet won’t impede your view of potentially dangerous situations. In fact, in a study of nearly a thousand bikers, 40% of whom wore helmets, not a single person reported a helmet causing obstruction of surrounding dangers.
  • A motorcycle crash can be fatal, even at relatively slow speeds. According to the New Jersey Department of Law and Public Safety, most motorcycle accidents occur when bikers are traveling less than 30 miles per hour. At these slower speeds, helmets can cut both the frequency and severity of head injuries in half.
  • Regardless of speed, bikers without helmets are three times as likely to suffer fatal head injuries as those wearing DOT-approved helmets

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment. We are currently communicating with clients by phone, text message, and videoconference. Evening and weekend consultations are available upon request.

Filed Under: Motorcycle Accidents Tagged With:

Insurance Settlements and Personal Injury Claims

October 6, 2020 by

Can You Still File a Lawsuit If You Receive an Insurance Payment?

Insurance Settlements and Personal Injury ClaimsIn the aftermath of a personal injury, you typically report the accident to your insurance company and seek coverage for your losses. Often, your insurer will delay or initially deny coverage, hoping you’ll agree to accept less than you should receive. Conversely, an insurer may offer you a quick settlement, also in an attempt to minimize their liability. If you accept a payout from your insurer, can you still pursue damages in a personal injury lawsuit if your losses exceed what the insurance company pays? That depends.

First, it’s important to understand that you cannot recover for the same loss twice. If your insurance company pays all your medical bills, you can’t file a lawsuit seeking reimbursement of those expenses from the party who caused the accident (though your insurance company may do that). In the American legal system, you can seek compensation only for “actual losses.” Once you’re paid for a particular loss, it is no longer considered an “actual” loss.

However, if you incur losses in a slip-and-fall, for example, that are not covered by your health insurance, you are not precluded from seeking compensation for those losses directly from the at-fault party. For instance, if your health insurance policy does not cover the costs of surgery, and your injuries require that, you can seek damages from the defendant to pay for those expenses.

With automobile accidents, if your losses exceed the limits of the at-fault party’s insurance policy, you can accept payout of the full amount of their policy and file suit against your insurer to recover the additional losses, as long as you have underinsured motorist coverage that exceeds the at-fault party’s coverage. For example, assume you have $500,000 worth of losses. If the at-fault driver has only $50,000 worth of coverage, and you have $500,000 of underinsured motorist coverage, you can accept $50,000 from the at-fault party’s insurer and file suit against your insurer to recover the additional $450,000.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an in-person conference or a conference by phone or video. Evening and weekend consultations are available upon request.

Filed Under: Damages in Personal Injury Claims Tagged With:

Do I Have a Personal Injury Claim?

September 18, 2020 by

Elements of a Personal Injury Lawsuit

Elements of a Personal Injury LawsuitAccidents happen, right? People rarely try to hurt you intentionally, and many mishaps don’t involve a callous indifference to others or reflect that a person simply didn’t care about the consequences of their actions. So how does the law treat those other everyday accidents? To recover damages, do you have to prove that the at-fault party was not only careless but also exhibited a clear disregard for the safety of others? In the American civil justice system, the answer is no.

What, then, must you prove in order to recover for personal injury or property damages stemming from an accident caused by another person? Most personal injury claims are based on a legal theory of negligence. To successfully recover compensation for negligence, you must prove the following elements:

  • Another person’s behavior fell short of the conduct reasonably expected of someone engaged in the same activity under the same circumstances. This element is commonly referred to as a “breach of the duty (or standard) of care;”
  • The breach caused an accident; and
  • As a result of the accident, you suffered actual losses (either physical injury, loss of property, or damage to property).

How does a person know what the expected duty of care should be? There are no specific laws setting forth what constitutes reasonable behavior in a given situation. Traditionally, “reasonable” is construed to be that type of conduct that would be engaged in by an “average person of ordinary prudence” under the same circumstances. As a practical matter, whether or not the defendant’s acts were reasonable is determined by the trier of fact—usually the jury—on a case-by-case basis. To ensure consistency of rulings, juries are required to follow the concept of stare decisis, which gives weight to prior rulings involving similar factual situations.

To establish the element of causation, you must show that the accident would not have happened had the defendant not breached the duty of care. You also must demonstrate that the accident and losses were reasonably foreseeable consequences of the defendant’s conduct.

Finally, you may recover only for uncompensated injuries you actually sustain. If your losses are covered by insurance, you cannot recover for them a second time. Furthermore, if property damage had no meaningful value, you have no right of recovery.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 or 877-HOGLAW1 / 856-600-HURT to schedule an appointment. We are currently communicating with clients by phone, text message, or online videoconference. Evening and weekend consultations are available upon request.

Filed Under: Personal Injury Tagged With:

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