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Common Police Mistakes in DWI Cases

Apr 26

Posted by admin in DWI | No Comments


The following article was written by Theodore Sliwinski, Esq. and can be found on New-Jersey-Lawyers.com

1. The police make an unconstitutional stop of your vehicle.

The police can’t stop your vehicle on the basis of an anonymous call, or if there is no probable cause. In most cases, the police must stop the driver for some type of moving violation to justify the DWI arrest. If there are no sufficient grounds to substantiate the stop of your vehicle, then make sure that your counsel files a motion to suppress. This is quickly becoming the strongest DWI defense in New Jersey.

2. The police can’t question a person without informing him or her of their Miranda rights.

In many cases the drivers get scared and they confess to drinking and driving. Always be cognizant of the fact that the police must issue a driver their Miranda rights before he or she can be questioned.

3. Stopping a vehicle without probable cause.

The police can’t stop a driver merely because they are suspicious that the person was driving under the influence. The police have to substantiate the traffic stop with a moving violation such as weaving, speeding, or an improper lane change. If the police can’t substantiate any probable cause to justify the stop, then the DWI case will be dismissed.

4. Stopping a vehicle just to check the driver’s license, registration, and insurance.

In many cases the police will stop a vehicle only to check the status of the person’s driver’s license, registration and insurance. If the police then arrest the driver for a DWI, then in many cases a good lawyer can contest the validity of the stop on the lack of any probable cause.

5. Stopping a vehicle for no reason at all.

In many cases the police are really on a “fishing expedition” to try to arrest as many DWI drivers as possible. This type of attitude is especially prevalent on weekends and in the summer. The police must have a valid reason to stop a driver. The common reasons to justify a valid stop are for speeding, weaving, or for an improper turn. If the police have not issued a moving violation to a DWI driver, then in many cases the DWI case will be dismissed because there is no probable cause.

6. Not having their alcotest operation certificate renewed.

A police officer must be qualified by the Attorney General and by the New Jersey State Police to operate and administer an alcotest machine. A police officer who seeks to administer an alcotest(s) must be certified. The certification is essentially a licesnse to conduct breath tests. Like any license it has an expiration date. An alcotest operator’s certificate is only valid for the year in which it is issued, and for the following two years. N.J.A.C. 13:51-1.8(a). In many cases, especially in high crime townships, the police do not keep their breathalyzer certifications up to date.

7. The alcotest machine has a history of malfunctioning.

A lawyer should always check out the certificates of the alcotest machine. If the DWI case has a marginal BAC reading, and if the alcotest machine has a history of being unreliable, then this fact can assist the defendant to win the case.

8. The police fail to read DMV Standard Statement 36 to the DWI driver.

The DMV Standard Statement 36 is an eleven-paragraph page that must be read to all DWI drivers. The police will then ask the DWI driver to sign at the bottom of the statement. If the police do not read the entire DMV Standard Statement 36 to the DWI driver, then in many municipal courts they will dismiss the case. This is a great defense, and it should not be overlooked.

9. Proper Operation of the Alcotest machine.

The Alcotest 7110 is alleged to be foolproof. Nonetheless, currently there are still many requirements that the police officer must comply with to properly operate the alcotest machine. In a DWI case the prosecutor must demonstrate that the alcotest machine was used in accordance with these accepted procedures. The prosecutor must demonstrate that the alcotest machine was properly operated by the police officer who conducted the breath test.

10. The police fail to wait twenty minutes after the arrest to conduct the breath tests.

The police must wait at least twenty minutes after the arrest to conduct the breath tests. The reason for this waiting period is to permit the DWI driver’s alcohol residue to dissipate. Many courts will recognize this defense and dismiss the case if there is a violation.

11. The police fail to wait ten minutes between the breath tests.

The police must wait at least ten minutes between the breath tests. Sometimes, the police become careless and they overlook this requirement. This is a great defense, and it does occur in some cases.

12. Attack the credibility of the police.

13. The State failed to provide an after-certificate.

The prosecutor must provide an after-certificate that proves that the alcotest is in proper working condition after the time of the DWI driver’s arrest.

14. The paperwork is all messed up.

The police must prepare “books of paperwork” in order to document their DWI case. In many cases, the police do a terrible job in documenting their DWI case. Remember, most police hate paperwork, and in many instances the police officer won’t arrest a drunk driver so that they can avoid preparing all of the paperwork. If the paperwork is sloppy, then this can be used to impeach the police officer(s), and to create holes in the State’s case. Always be aware for errors in the labeling of the breath samples, and of the alcotest machines. Also be aware for discrepancies of the times marked in the police reports. These minor points can be used to try to develop weak links in the State’s case.

15. The police fail to conduct the field sobriety tests correctly.

The police must be trained to correctly conduct field sobriety tests. In one of my cases, the police did not even have the proper training and education to conduct field sobriety tests. My client beat the DWI case on this defense.

To find more articles about New Jersey  DWI lawyer can be found at New-Jersey-Lawyers.com.  new jersey DWI lawyer can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

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Worker’s Compensation Workplace Injuries

Apr 19

Posted by admin in Workers Compensation | No Comments


The following article was written by E. Gregory M. Cannarozzi, Counselor-at-Law, L.L.C. and can be found on New-Jersey-Lawyers.com

Does an old back injury aggravated by your current job entitle you to workers’ compensation benefits? Is your hypertension a result of employment-related stress? If you were in a car accident while running an errand for your employer, do you qualify for workers’ compensation benefits?

Any injury related to your employment entitles you to income and medical benefits. A serious back injury, an amputated arm or leg, brain damage, asbestosis, or another catastrophic workplace injury that gives rise to partial/total permanent disability entitles the worker to long-term wage and medical benefits.

Contact us at the Law Office of E. Gregory M. Cannarozzi, Counsellor at Law, L.L.C. in Oradell, New Jersey to arrange a free consultation with a workers’ compensation lawyer. Find out if your workplace injury qualifies for benefits.

Qualifying workplace injuries:

  • Spinal cord, neck, and back injuries that result in quadriplegia, paraplegia, some other paralysis, loss of function, or chronic pain
  • Permanent brain damage resulting from traumatic brain injury (TBI)
  • A torn rotator cuff injury, herniated lumbar disc/cervical disc, knee injury, shoulder injury, or other orthopedic or soft tissue injury
  • Psychological injuries, including posttraumatic stress disorder (PTSD), depression, and anxiety
  • Lung injuries, including asbestosis and baker’s lung
  • Heart conditions, including hypertension and heart attacks caused by stress, and pulmonary problems caused by exposure to diesel fumes and carbon monoxide
  • Cancer caused by toxic exposure, including lung, stomach, colon, and throat cancer, leukemia; and mesothelioma, including cancers that are diagnosed years after retirement
  • Repetitive stress injuries, including carpal tunnel syndrome, back strain, and rotator cuff impingement syndrome
  • Any injury that cause permanent partial loss of use of your hand, arm, all fingers, leg, foot, all of toes, eyes, or ears

Preexisting injuries, second injuries

If a preexisting injury has been aggravated by your work, you are entitled to benefits but your claim must be handled very carefully. A construction worker’s knee injury from high school may be reinjured at work and require orthopedic surgery. An office worker with a history of depression may break down under the pressure of the workplace. A manual laborer with a lumbar disc injury may suffer a second back injury at a new job. Preexisting carpal tunnel syndrome may be aggravated by a repetitive stress injury in a new job.

When there is a history of previous injury to the same body part, a settlement for partial/total permanent disability benefits will be reduced by the percentage of the injury that is related to the first accident. If two or more injuries combine to result in total permanent disability, the New Jersey Second Injury Fund pays the portion of the total disability caused in a previous position.

If your employer does not carry workers’ compensation

In New Jersey it is a criminal offense to fail to carry workers’ compensation insurance. If you were injured and your employer is not insured, you can still receive income benefits and medical benefits under the Uninsured Employers’ Fund (UEF) established through New Jersey workers’ compensation law.

Contact a lawyer about a workplace injury claim.

At the Law Office of E. Gregory M. Cannarozzi, Counsellor at Law, L.L.C. in Oradell, New Jersey, our workers’ compensation staff is committed to providing clients with responsive and effective legal services. If you are recovering from a workplace injury such as a repetitive stress injury, injury from a slip and fall accident, back injury, brain injury, or neck injury, it is important to have a lawyer to review your claim in order to see that you are being treated fairly.

To find more articles about New Jersey  workers’ compensation can be found at New-Jersey-Lawyers.com.  new jersey workers’ compensation lawyers can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

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No-Fault Claims

Apr 5

Posted by admin in Personal Injury | No Comments


The following article was written by E. Gregory M. Cannarozzi, Counselor-at-Law, L.L.C. and can be found on New-Jersey-Lawyers.com

The law firm of E. Gregory M. Cannarozzi, Counselor-at-Law, L.L.C., emphasizes representation of all medical providers and patients with respect to no-fault claims. When an individual is injured in an automobile accident, pursuant to N.J.S.A. 39:6A-1 et seq. the New Jersey No-Fault Statute, s/he is entitled to PIP (personal injury protection) benefits, under certain conditions. The purpose of No-Fault Act is social legislation intended to provide insureds with the prompt payment of medical bills, loss wages, and other such expenses without making them wait the outcome of protracted litigation in Court. In theory, PIP coverage is to be given the broadest application consistent with the statutory language of no-fault legislation, meaning that the fault system is to be removed from automobile negligence providing a minimum amount of protection to the public for injuries caused by an automobile accident. The system was designed to shift compensation from a tort and/or a third-party insurance to a system of first- party coverage.

In 1998, the New Jersey Legislature passed the Automobile Insurance Cross Reduction Act (“AICRA”) effective March 22, 1999. Under that Act, three types of insurance were provided: (1) basic insurance policies; (2) standard insurance policies; and (3) special insurance policies for eligible low income individuals.

The basic insurance policy provides only for very limited medical coverage and other PIP benefits such as income continuation, essential services and death benefits are not included.

In the special insurance policy for eligible low income individuals, there is even a more limited medical coverage than the basic policy, but it does allow for a $10,000.00 death benefit.

With respect to the standard policy, the Act provides for all the coverages that were formerly considered to be basic, including $250,000.00 in medical coverage, income continuation benefits, and funeral expenses. Extended options are also available for an extra premium.

Normally, when an individual is injured in an automobile accident, the injured party provides the medical provider with an Assignment of Benefits. This form permits the medical provider to treat the individual to the extent the medical provider deems appropriate and then file a claim, standing in the patient’s shoes so to speak, generally, for unpaid medical expense benefits. Under the New Jersey law, an individual is required to pay the selected policy deductible and 20% co-pay up to $5,000.00 ($1,000.00). Thereafter, the injured party’s insurance company is responsible for payment of medical expense benefits up to a ceiling of $250,000.00, for all medically necessary treatment of “permanent or significant brain injury, spinal cord injury or disfigurement or for medically necessary treatment of other permanent or significant injuries rendered at a trauma center or acute care hospital immediately following the accident and until the patient is stable.”

The New Jersey No-Fault System is a complicated process, which requires each medical provider to jump over many hurtles in order to recover payment for services rendered. In most situations, a medical provider must apply for pre-certification of services to be rendered, with certain exceptions. If the pre-certification request is not granted by the patient’s insurance company, then the medical provider is required to submit additional documentation and/or exhaust an internal appeal process with that patient’s auto insurer claims representative.

After the internal appeal period has transpired, if pre-certification is not granted, the medical provider will normally then retain the services of an attorney, such as this law firm, to file a no-fault arbitration claim, which, pursuant to AICRA, must be instituted with the National Arbitration Forum (NAF).

There are specific forms and rules promulgated by the NAF which apply to the filing, processing and execution of No-Fault claims in order to obtain an arbitration hearing. Depending on the severity of the claim, the medical provider will often testify either telephonically or in person at the arbitration hearing as the medical provider must prove the medical necessity, reasonableness, and causal relation to the accident for all medical services performed. The determination of the Dispute Resolution Professional (Arbitrator) is final and binding with limited rights for appeal.

Perfection of claims under the No-Fault Law in New Jersey has evolved into a very complex, time exhaustive, paper intensive process. Accumulating the proper medical documentation, as well as navigating through a morass of strict procedural requirements in ultimate payment of the claim in the No-Fault arbitration forum requires specialized skills and knowledge.

Since most insureds are unaware of either (1) which policy benefits they are entitled to under New Jersey No-Fault Law or (2) how to obtain treatment after their own insurance company denies benefits, it is essential that each injured individual contact an attorney well versed in no-fault arbitration claims in order to be fully protected.

The undersigned sat as a permanent No-Fault Arbitrator, now known as a Dispute Resolution Professional (“DRP”) from 1999 (when AICRA was first effected) until 2002; at that time the New Jersey no-fault claims forum was administered by the American Arbitration Association. The law firm has handled thousands of no-fault claims on behalf of both insureds and their medical providers in all areas of medicine. When any questions arise with respect to what benefits are available, the nature of a claim, and how it is prosecuted, it is extremely important to contact this law firm for advice so that your rights may be fully protected.

To find more articles about New Jersey  Personal Injury can be found at New-Jersey-Lawyers.com.  new jersey Personal Injury lawyers can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

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Steps One Should Take when there is a Potential Claim for Personal Injuries

Mar 1

Posted by admin in Personal Injury | No Comments


The following article was written by Kamensky- Cohen and can be found on New-Jersey-Lawyers.com

If you have been injured and you believe those injuries are attributable to someone else; i.e. slip and fall on property owned by someone other than yourself or an automobile accident caused by someone else., you may ask yourself what steps you need to take in order to pursue a personal injury claim. The first step is obviously to make sure that you are receiving the required medical care to heal from injuries. In doing so, take notes of all the doctors you have treated with, the treatment that has been rendered and the result of the treatment. It is important to follow your doctor’s instructions as to medical treatment and further follow up with your doctors regarding the necessity for future treatment.

If you think you may want to file a claim against the person or entity you believe is responsible for your injuries, you  need to speak to a personal injury attorney.  Many attorneys’ offices provide free consultations to potential personal injury claimants. (i.e.  Kamensky Cohen and Associates) The attorney will want to know who caused your accident, how it was caused and when it occurred. If you do not know the answers to these questions, and many times you may not, the attorney can help you in obtaining this information. You will want to bring notes with you to the attorneys office regarding these issues as well as names of your medical care providers. The attorney will also  discuss with you the injuries sustained as a result of the accident, what medical treatment you received and the importance of following up with your medical treatment. Make sure you tell your attorney if you have had any injuries prior or subsequent to the subject accident. If the attorney agrees to take your case, a retainer agreement is signed and the litigation process begins!

To find more articles about New Jersey  Personal Injury can be found at New-Jersey-Lawyers.com.  new jersey Personal Injury lawyers can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

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New Jersey Worker’s Compensation Law & Permanent Disability

Nov 1

Posted by admin in Workers Compensation | No Comments


The following article was written by Kamensky- Cohen and can be found on New-Jersey-Lawyers.com

In New Jersey, an employee who is injured while at work is entitled to free medical benefits, temporary disability benefits, and (if appropriate) an award for permanent disability. The first two benefits are generally provided by the employer immediately after the injury without the assistance of legal counsel. However, the third aspect, concerning the permanency of the injury, is often highly contested. It is at this stage that selecting the right attorney to pursue your claim is invaluable.

Your attorney will begin the litigation process by filing a formal Claim Petition. Once the claim is filed, the process of accumulating the records from the treating doctors begins. Pursuant to the laws of New Jersey, your employer will provide all records in their possession to your attorney free of charge. Once all of the records are received, they will be sent to a neutral doctor who will perform an evaluation to determine your degree of permanent disability. In addition, your employer will also require that you attend a physical or mental examination with a physician of their choice for an estimation of disability.

Once the separate reports are received, the negotiation process begins and each party’s respective positions as to permanent disability are presented to the Judge of Compensation. He or she will review these reports and make a recommendation as to the percentage of the disability. If the parties agree with the Court’s determination, the matter is scheduled for a date in which the Court can formally approve the settlement. In New Jersey law, all workers’ compensation settlements must be approved by a Judge of Compensation in open court. If the parties cannot agree on a settlement, a formal trial will be conducted at which time testimony of witnesses will be heard. At the conclusion of all of the testimony, the Judge will deliver a decision regarding permanent disability, which is binding on all parties.

As always, if you have any questions, please do not hesitate to contact us at Kamensky Cohen for assistance with all of your Workers’ Compensation questions.

Other New Jersey workers compensation Legal articles can be found on New-Jersey-Lawyers.com. You can find  NJ workers comp Lawyers on New-Jersey-Lawyers.com . Other sources of NJ Lawyers can be found on NJ lawyers or NJ Law firms

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Suing the State of NJ or A City Government for an Injury?

Oct 25

Posted by admin in Personal Injury | No Comments


The following article was written by Kamensky- Cohen and can be found on New-Jersey-Lawyers.com

What you need to know if you are injured as a result of negligence on the part of the State, a Municipality or a State Agency in New Jersey.

A personal injury action against the State of New Jersey, a state agency or a municipality may be forever barred if you fail to notify the State, state agency or municipality who is at fault for your injuries within 90 days of the incident. (There is a similar requirement in Pennsylvania as well)  In New Jersey, you may not be able to file a complaint against a public entity  if you fail to provide notice. The New Jersey Torts Claim Act, codified at N.J.S.A. 59:8-4, was enacted to provide a public entity “with sufficient information to enable it promptly to evaluate its liability and potential exposure and, if it chooses, to correct a defective condition and also to engage in settlement negotiations prior to the commencement of suit.” Henderson v. Herman, 373 N.J. Super. 625, 634 (App. Div. 2004)(quoting Newberry v. Township of Pemberton, 319 N.J. Super. 671, 675 (App. Div. 1999). See also Beauchamp v. Amedio, 164 N.J. 111, 121-22 (2000).

The Torts Claims Act, states that a notice of claim must be provided to the public entity within ninety days following the accrual of the cause of action. (See N.J.S.A. 59:8-8). The accrual date is the date in which the accident that causes injury occurs. Beauchamp v. Amedio, 164 N.J. 111, 123 (2000). The accrual date can be tolled  in limited circumstances. “Tolled” means that the accrual date is put on hold. For instance, the accrual date can be tolled if the injured party does not know that he or she was injured or that a specific third party is responsible for those injuries. Id.

A notice of claim form for the State of New Jersey can be found on the state’s website. It simply asks for information about the person who was injured, how those injuries occurred and the injuries sustained Oftentimes, municipalities have specific forms that are available by request only. Although the notice of claim form appears to be self explanatory, your rights will be best served by having an attorney to help in filling out the notice of claim form and to follow up, possibly negotiate a settlement and/or file a complaint on your behalf.

Although there are certain exceptions that allow a claimant to file a late notice of tort claim, (only with permission by the court), if you are injured and you believe that injury is caused in whole or in part by a state agency, it is important that you seek legal counsel as soon as possible.  If you sit on your rights you may not be able to file a lawsuit against the state agency who is responsible for your injuries. Kamensky Cohen has obtained substantial settlements from state agencies for injuries caused to our clients. If our clients had not sought legal counsel as soon as possible, those settlements may not have been possible.

Other New Jersey Personal Injury Legal articles can be found on New-Jersey-Lawyers.com. You can find  New Jersey Personal Injury Lawyers on New-Jersey-Lawyers.com . Other sources of NJ Lawyers can be found on NJ lawyers or NJ Law firms

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Employment FAQ’s

Oct 18

Posted by admin in labor law | No Comments


The following article was written by Kamensky- Cohen and can be found on New-Jersey-Lawyers.com

Q:  I work in New Jersey, what does the New Jersey Law Against Discrimination prohibit?

A:   The New Jersey Law Against Discrimination prohibits employers from discriminating in any employment related action, including recruitment, interviewing, hiring, promotions, discharge, compensation and the terms, conditions and privileges of employment on the basis of any of the law’s specified protected categories. These protected categories are: race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy and sexual harassment), marital status, domestic partnership status, affectional or sexual orientation, atypical hereditary cellular or blood trait, genetic information liability for military service, or mental or physical disability, including AIDS and HIV related illnesses. The New Jersey Law Against Discrimination prohibits intentional discrimination based on any of these characteristics.

Q:   What can I do if I believe my rights have been violated under the New Jersey Law Against Discrimination?

A:   You may file a complaint in the Law Division of the Superior Court of New Jersey within two years of the alleged violation.  Alternatively, you may file a complaint with the New Jersey Division on Civil Rights within 180 days of the date of the alleged violation.  Please contact us today to determine which course of action is best for you.

Q:   I work in Pennsylvania, what does the Pennsylvania Human Relations Act prohibit?

A:  The Pennsylvania Human Relations Act prohibits discrimination in employment on the bases of race, sex, age, religion, national origin, disability, or other protected class.

Q:  What can I do if I believe my rights have been violated under the Pennsylvania Human Relations Act?

A:   You must file a complaint with the Pennsylvania Human Relations Commission within 180 days from the date of the alleged act of harm.

Q:   Are there other laws that may protect me?

A:   There are a number of state and federal laws that apply to individual employees and the employer-employee relationship.  Please Kamensky- Cohen today to discuss your unique situation to know your rights.

To find a New Jersey Labor and Employment lawyer visit New Jersey Lawyers. Another source for NJ Labor Law info and employment lawyers is NJLawFirms.net

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What To Do If You Have Slipped Or Fallen In A Store – part 2

Aug 21

Posted by admin in News | No Comments


The following article was written by Andrew F. Garruto, Attorney at Law and can be found on New-Jersey-Lawyers.com

3. WITNESSES:

If anyone saw how or why you slipped or tripped, obtain the names, addresses and telephone numbers of eyewitnesses, and make sure you obtain this information yourself.  This is extremely important when there are different stories as to how the accident happened, for example, when the business claims to have inspected or cleaned the area just prior to the incident, or when they claim that they their surveillance cameras weren’t working or weren’t on at the time of the incident, etc.

If you don’t obtain witness information at the scene, it is probably lost forever.

4. PHYSICAL EVIDENCE:

If you were caused to slip on a wet substance, and got on your clothes or shoes, then please do not wash them and do not throw them away, but save them in this condition.  Similarly, if your clothes were torn, or got blood on them, preserve them in this condition.  Save your receipt to prove the date and time you were at their business.  If the injury involves snow or ice, you must take pictures as soon as possible before it melts, so you are able to prove the condition that caused your fall — if you don’t do this immediately, you have lost the opportunity to photograph the dangerous condition.

If you were bruised or have other obvious signs of injury, you should also have someone take pictures of any bruises on your body – black and blue marks, bruises, cuts, anything that proves that there were forces to your body from the incident.  This evidence proves that your body experienced a forceful blow, and the photos will help contradict the defendant’s insurance company’s doctor who will certainly have a great resume, and who will say that you are not injured at all, or not as seriously as your own doctor testifies

The entire article can be found here.

Other New Jersey Legal articles can be found on New-Jersey-Lawyers.com. You can find  New Jersey Personal Injury Lawyers on New-Jersey-Lawyers.com . Other sources of NJ Lawyers can be found on NJ lawyer or NJ Law firms

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What To Do If You Have Slipped Or Fallen In A Store – part 1

Aug 14

Posted by admin in Personal Injury | No Comments


The following article was written by Andrew F. Garruto, Attorney at Law and can be found on New-Jersey-Lawyers.com

1. CONTACT THE MANAGER OF THE STORE:

We seem to be programmed after we fall in a public place, to feel embarrassed and walk away hoping no one saw us. The problem with this behavior is that the store isn’t notified of the incident, how it happened, whose fault it is and if you are injured. If you are hurt and it is because of a problem they caused or allowed to exist, they should be made aware of it right after it happened so that they can see that it was their fault, if that is the case.  Inform the manager that you want an incident report completed.

2. THE INCIDENT REPORT:

Inform the manager of the details of how you slipped or tripped, and of any specific symptoms you are experiencing.  Point out the dangerous condition so that they could witness it themselves, and so that they can fix it before anyone else gets hurt.

Also, it is important to obtain a copy of the incident report. Before you sign anything, make sure that they will agree to give you a copy of whatever you sign, before you sign it.  If they refuse to promise you a copy, then don’t sign it – things could be added to the form after you gave it to them, and if you don’t have a copy you can’t prove they altered your statement.  (People do drastic things at times if they feel they may lose their job or affect their standing with the company).

The balance of this article can be found here.

Other New Jersey Legal articles can be found on New-Jersey-Lawyers.com. You can find  New Jersey Personal Injury Lawyers on New-Jersey-Lawyers.com . Other sources of NJ Lawyers can be found on NJ lawyer or NJ Law firms

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Injuries at Work, and Workers Compensation – part2

Aug 8

Posted by admin in Workers Compensation | No Comments


The following article was written by Andrew F. Garruto, Attorney at Law and can be found on New-Jersey-Lawyers.com

What types of accidents give rise to a workers compensation claim?

* Specific Accident Claims – These are regular, everyday accidents. They include, but are not limited to, falls, motor vehicle accidents, machinery, and lifting injuries.  Please note, an injury is still covered under Workers Comp even if the worker caused his own accident. The only issue is whether the worker was injured while performing his job.

* Repetitive Motion Claims – The repetitive motion and strain of a job can cause a work related injury. The most common examples are jobs where a worker has to do a lot of lifting, or doing the same movements over and over.  For example, jobs that require constant typing can cause carpal tunnel syndrome.  In a Repetitive Motion Claim, there is no one particular incident that caused the worker to sustain the injury, but the repetitive wear and tear of the job caused the worker’s body to break down.

* Occupational Exposure Claims – Workers may be exposed to harmful elements on the job.  These can include  chemicals, asbestos, and other noxious elements.  Over time, this exposure may cause a worker to suffer lung disease, cancer, heart problems, or mesothelioma.  A worker who suffers from this type of Occupational Exposure is entitled to receive Workers Compensation benefits.

The entire article can be found here.

Other New Jersey Legal articles can be found on New-Jersey-Lawyers.com. You can find  New Jersey Personal Injury Lawyers on New-Jersey-Lawyers.com . Other sources of NJ Lawyers can be found on NJ lawyer or NJ Law firms

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