"Time Is Not Always On Your Side"

"The Straight News About Workers' Comp"

There are three types of benefits available to an employee who is seeking Workers' Compensation.  The first benefit is for medical treatment.  Usually, the first medical provider is a company doctor, or an occupational health center set up to treat and evaluate work injuries.  When an employee has a more serious type of injury, the initial physician will make a referral to a specialist for further treatment.  As long as the treatment is being rendered by an authorized caregiver, the employer, or the employer's insurance company will pay for that treatment.

The second type of benefit is for temporary wage loss.  When an employee is out of work and treating with an authorized medical provider, he is entitled to temporary wage benefits equal to 70 percent of the average weekly wage at the time of the injury.

The temporary wage rate is subject to a maximum payment amount, which is set by the State of New Jersey.  Temporary wage loss payments will be made until the employee has either returned to work, or reached maximum medical improvement.

When an injured employee has reached maximum medical improvement, the obligation of the employer to pay for medical and temporary benefits ends, even though the injured employee may not have fully recovered.  As a result, the state has created a third benefit for injured employees, known as permanent/partial disability. 

This benefit is based on a chart of disabilities corresponding to the various parts of the body.  These benefits are usually not provided voluntarily by the employer or by the employer's insurance company.  It is the employee's burden of proof to establish the nature and extent of any permanent/ partial disability.

Workers' Compensation law is very different from the law that controls auto accidents or slip and fall type injuries.  When an injured employee is looking for legal assistance, an attorney with experience in the area of Workers' Compensation law should be considered.

"Everybody Loves "Free Stuff"

Everybody loves receiving items, whether it be pens, coffee cups, magnets, bumper stickers or sound legal advice, especially when it is free.  Typically, an hour of sound legal advice may cost someone from $100.00 to $300.00.  Many law firms, in an effort to make legal advice easily available to the general public, offer absolutely free initial consultations.  Unfortunately, many people who are in need of timely legal advice are under the mistaken impression that they cannot afford to meet with an attorney.

Many new clients are surprised to learn that not only is the initial consultation free, but depending on the type of legal matter, an attorney may be willing to represent the individual with no initial legal fees.  For example, personal injury and worker's compensation cases are most often handled by attorneys for a contingent fee.  A contingent fee is a legal fee paid to an attorney from the settlement proceeds of a particular legal matter.  Simply stated, if an attorney agrees to represent you for a contingent fee and fails to make a financial recovery on your behalf, you would not owe the attorney a fee for his services.  Even more importantly, an attorney working for a contingent fee has every incentive to maximize your settlement or recovery.  As the monetary amount of your case increases, so does the potential fee earned by the attorney.

Understand that not all legal matters can be handled by a contingent fee arrangement.  You may also discover, after a free initial consultation, that your legal matter will not require you to formally retain legal counsel.  In either instance, following a legal consultation, you will be a better educated and informed customer, as you proceed to deal with the legal matters you face.

It is quite possible that the only thing that everyone likes as much "free stuff", is a "sure thing."  Remember, the next time any legal questions confront you and you need some professional advice, do the sure thing and schedule a free consultation.  You have absolutely nothing to lose and many things to gain.

"Do I Really Need an Attorney?"

When an attorney is meeting with a new client, they are usually presented with a set of facts unique to that person's legal matter.  A common question asked during the consultation is "Do I need an attorney to handle this matter?"  While it is not mandatory to have legal representation, it may be necessary.

The simple answer to this question is any individual who is a party to a lawsuit may represent themselves.  However, as experience shows, the simple answer is not always the right answer.  To find the right answer, the individual must look at their own personal experiences and education to decide whether they are competent and confident enough to handle their own legal representation.

I quite often ask myself a similar question when I hear an unfamiliar noise coming from my automobile engine.  I stop at my automobile mechanic and open the hood so he can hear the noise.  My next question might be, "Do you think I can fix this problem myself?"  I have no experience, so I wouldn't even attempt to fix my own car for fear of total disaster.

On the other hand, there are many people who are just as capable as any mechanic at repairing their car.  Those individuals, based upon their experiences, will draw a different conclusion when they hear an unfamiliar noise coming from their engines.

Again, while it is possible for people with legal problems to represent themselves, it may not always be a smart choice.  Remember, many attorneys offer to meet people for a free consultation.  Take  this opportunity to speak to an attorney who may be quite capable at fixing your legal problems.  At the very least, you will be in a better position to decide your need for legal representation.

“DID YOU HAVE AN AUTOMOBILE ACCIDENT WITH AN UNINSURED DRIVER?”

Many drivers are involved in accidents that are not their fault.  You may be driving your automobile and sitting at a stop sign completely stopped.  While you are stopped, another driver on that road strikes your vehicle from behind.  The striking vehicle would most likely be liable or responsible for the accident.  What happens when the striking vehicle does not have valid automobile insurance at the time of the accident?

When the Police Arrive

Once police arrive at the scene of the accident, the drivers will be asked to produce their license, registration, and insurance cards.  If the driver of the vehicle which struck you cannot provide a valid insurance card they should be issued a traffic ticket for failing to be properly insured.  The drivers will both be notified of a court date which will be scheduled with the appropriate municipal court.  If the alleged uninsured driver fails to produce proof of valid insurance at the time of the municipal court, they may be found guilty of operating a motor vehicle without valid insurance.  That guilty finding will expose the guilty driver to potential loss of driver’s license, fines, community service or jail time.

Uninsured Driver

However, the uninsured driver pleading guilty to motor vehicle charges in municipal court does compensate you for the damage to your vehicle or any bodily injury you may have suffered.  In the state of New Jersey,  it is required that all automobile insurance policies, (other than basic or mini policies) issued for vehicles garaged within the state, are required to include protection from uninsured motorists who might cause injury or damage to a “person” suffering such injury.  A “person” would include all non-resident, non-relative passengers occupying an insured vehicle as well as the insured and any resident relatives covered by the policy.  The amount of uninsured coverage can be increased above the minimum $15,000 coverage by the policyholder up to the amount of the liability coverage.

Insured Driver

The insured driver needs to contact his own insurance company to assert an uninsured motorist claim.  Once a valid claim is presented, the injured party’s insurance company may be responsible to provide medical coverage as well as payments to compensate the insured for lost wages, pain and suffering, as well as other consequential damages.

When you are involved in an accident with an uninsured driver you should immediately contact an injury attorney to determine your applicable coverage and to protect your legal rights.

ARE YOU SUFFERING BECAUSE OF YOUR JOB?

You may feel pain in your knees, legs, back, neck or shoulders?  Your job may require you to do frequent lifting or to stand on your feet all day.  It is possible you have been diagnosed or treated for a condition aggravated by your job.  If these conditions sound familiar you may qualify for benefits under the Worker’s Compensation Law.

Your job may require frequent use of your hands or arms.  Many workers must repeat the same repetitive motion over and over again.  This repetitive motion over the course of time can cause pain and injury.  This type of injury is called an occupational injury and it can occur in ways such as working on a computer all day or working daily on an assembly line.

Workers Compensation Lawyers

While some workers develop physical pain, weakness or numbness in their legs, arm, neck or shoulders, others simply suffer from shortness of breath or simply have difficulty breathing.  These breathing problems may be directly related to working in a smokey, dirty or dusty workplace.   

The Worker’s Compensation Statutes in the state of New Jersey mandate all employers to provide insurance covering all employees for both job-related injuries and conditions that develop over time.  The benefits available to workers include payment of all medical bills to treat your condition.  You are also entitled to benefits to replace wages lost while you are missing work due to your medical treatment.  Finally, once treatment is completed and you reach maximum medical improvement you are entitled to monetary compensation for permanent health damage.

It is in the best interest of any worker suffering from pain and physical symptoms to determine whether their injuries are compensable through the Worker’s Compensation laws.  Worker’s Compensation attorneys handle work related injury cases on a contingent fee basis.  If the attorney representing you for a Worker’s Compensation case produces no recovery, then you owe him absolutely no legal fee.  The injured worker is protected by the Worker’s Compensation court which must approve all counsel fees paid to any attorney representing the injured worker.

Even if you are receiving authorized treatment from your employer it is important to consult with an attorney to insure the employer is extending to you all benefits you are entitled to when you are injured on the job.  Most Worker’s Compensation attorneys will agree to meet with you for a free consultation to discuss your case.  Finally, many injured workers are concerned with being terminated by their employer in response to their filing of a Worker’s Compensation claim.  The Worker’s Compensation Statute makes it illegal for any employer to terminate an employee in direct retaliation for the filing of a worker’s compensation claim.

As with any legal issue you should contact an attorney to discuss your specific legal problem or injury. 

DRUNK DRIVING LAWS JUST GOT TOUGHER!

On January 20th, 2004, Governor McGreevey signed into law amendments to the drunk driving statute, N.J.S.A. 39:4-50.  The new law increases the penalties for first time offenders as well as multiple offenders.

Prior to January 20th, 2004, the blood alcohol content (BAC) at which a person is guilty of drunk driving was 0.10%.  Under the new law, first time offenders whose BAC is 0.08% or higher, but less that 0.10% will lose their driver’s license for a period of three months.  If their BAC is 0.10% or higher, they will lose their drivers license for seven months to one year.  The bill also clarified the penalties for refusing to submit to a breathalyzer test after being arrested for drunk driving.  Under the bill, the persons who refuse to submit to the breathalyzer would lose their license for seven months to one year for a first offense.

Under the previous law, persons operating a motor vehicle with a BAC between 0.08% and 0.10% might never have been charged with a violation of the drunk driving statutes.  After January 20th, 2004, operating or allowing another to operate a motor vehicle with a BAC between 0.08% but less than 0.10% exposes the offender to the following penalties for a first offense: A fine between $25.00 and $400.00, 12-48 hours in the Intoxicated Driver’s Resource Center, up to 30 days in jail, three months loss of license and an interlock device being placed on their car for six months to one year.

The new law also changed the penalties for third time offenders.  The new law requires that persons convicted of a third or subsequent drunk driving offense be sentenced to not less than a 180 day term of imprisonment in a county jail or workhouse, except the court may reduce the term of imprisonment for each day, up to a total of 90 days, that the person participates in an alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center (IDRC).  The new law eliminates community service or work release (SLAP) as sentencing options for persons convicted of a third or subsequent drunk driving offense.

Clearly, the penalties facing people charged with drunk driving and related offenses have increased.  The changes in the law will almost certainly increase the number of people who will be charged with violating the drunk driving statute.  When you are stopped for a violation of the drunk driving statute you should do two things.  First, always take the breathalyzer.  The breathalyzer results may be the sole evidence needed to defend against the charge.  Second, you should immediately contact an attorney to determine the new penalties you may be facing, and protecting your legal rights.