Trenton Personal Injury Lawyer

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Sam Gaylord — Fri, 11 Apr 2008 08:00:00 GMT

I work in New Jersey and I have been injured while working. What are my rights?

In the state of New Jersey a worker injured while in the course of employment is entitled to three very specific benefits. The insurance carrier must provide medical treatment. However, in New Jersey the carrier is given the right to direct that medical care. That is, the injured worker must go to the insurance carrier's doctor. As long as the worker goes then the carrier is supposed to pay all medical costs. If the authorized doctor indicates that the injured worker requires treatment and is unable to return to work then the carrier must pay temporary disability benefits. In New Jersey, a worker will receive 70% of their gross weekly wage up to a maximum until such time as the doctor indicates they can return to work. In addition, if the doctor indicates the worker can return to work on modified duty, but the company does not have such work then the carrier must continue making the temporary disability payments. Finally, if the individual as a result of the injury has some permanent damage then they are entitled to receive an award for their disability.

What is important to guarantee these benefits? A worker must report the injury as it occurs. A delay in the reporting of the injury can cause a worker to lose their entitlement to these very specific but limited rights. In addition, a worker must follow the treatment recommendations of the doctor. Any time a worker fails to attend either a doctor's appointment or a therapy visit, a carrier will use that to its advantage and will attempt to terminate benefits. Finally, an awareness of these rights is critical. Too often as a practicing workers compensation attorney, I see injured workers being represented by individuals who are not very familiar with the ins and outs of the New Jersey compensation system. The consequence could be that the injured workers gets denied benefits he or she should otherwise receive. Therefore, if you are injured while working make sure to consult an attorney who specializes in this very unique area of law.

Originally posted at InjuryBoard by Sam Gaylord

Injured Worker Receives Less Being Totally Disabled

Sam Gaylord — Thu, 21 Feb 2008 06:15:48 GMT

One of the toughest conversations I have had with a client recently occurred. Congratulations! I had said to my client we were successful in getting for you lifetime benefits, however, since the insurance carrier has been paying you an offer in advance and since you and your children receive Social Security Disability you get less per month then you have been receiving and, oh by the way, you owe money back to the carrier.

In the State of New Jersey, an injured worker receives three very specific benefits when they become injured while working. An injured worker receives medical benefits, which are directed by the carrier, temporary disability benefits, which are 70% of the injured workers gross weekly wage, and an award for their injuries. In certain circumstances an individual is so injured they will be determined to be totally disabled and entitled to receive benefits from workers compensation for the rest of their life. New Jersey is a "reverse offset" state with Social Security Disability. In essence, what this means is that the carrier offsets their payments if an individual receives social security disability benefits. In other words, their payments get reduced.
So, my scenario is while trying to negotiate the claim, the carrier, in an attempt to help my client, makes a voluntary offer towards what will be the inevitable outcome. In so doing, they pay my client not taking into consideration his receiving social security disability benefits. The case finally settles and with the offsets he is entitled to less per week and owes money back to the carrier. My clients' benefits will not increase until sometime right before his 62nd birthday. He is currently 54 years old. So, it was Congratulations, we won, you get less.

Originally posted at InjuryBoard by Sam Gaylord

Former Nurse Pleads Not Guilty to New Patient Abuse Charges

Chrissie Cole — Fri, 15 Feb 2008 00:18:12 GMT

A former nurse, employed at an Ohio nursing home - accused of nursing home abuse - has pleaded not guilty to new charges brought against him.

He is being charged with rape, sexual battery and patient abuse.

The man, 49, entered a not guilty plea during arraignment, Wednesday, while participating in court sessions via closed circuit television although he remained at Erie County Jail.

Earlier this week he was indicted on charges that he sexually abused a 55-year-old man who is partially paralyzed and another man in his 80s. He was fired from Concord Care Rehabilitation Center in Sandusky, Ohio, after his arrest last month.

He told investigators after his arrest that he abused almost 100 patients at various homes since the 1980s, but in many cases he couldn't remember details. Investigators have said that they had found that he abused 14 patients and they are looking into 10 other suspected assaults.

Originally posted at InjuryBoard by Chrissie Cole

Dog Bite Lawsuit Settled for $1 Million

Chrissie Cole — Thu, 07 Feb 2008 20:59:14 GMT

A woman settled a dog bite lawsuit for $1 million for severe facial injuries she suffered when she was attacked by an American bulldog.

The settlement terms state she will receive $900,000 and her two children and husband will receive $33,000 each, according to her attorney.

The dog attack occurred on April 6, 2006, when the American bulldog bit her face as she was walking her own dog to pick up her children from school.

The dog owner and her mother were originally charged with a felony. Upon the daughter coming forward and agreeing to take full responsibility, the charges were dropped against the mother and reduced to a misdemeanor.

The dog was killed by animal control officials.

Originally posted at InjuryBoard by Chrissie Cole

One Killed, Two Seriously Injured in Car Wreck

Chrissie Cole — Tue, 05 Feb 2008 13:53:14 GMT

A fatal car accident involving a car and sport utility vehicle claimed one life and seriously injured two others, on Tuesday.

The accident occurred at 4:30 p.m. at the 800 block of Prospect Street near Pennington Avenue. Detectives from the city police department and Mercer County Prosecutor's Office were at the scene to investigate the cause of the crash.

The car's passenger, a young unidentified male, was seriously injured and trapped inside the wrecked vehicle. Firefighters were able to extricate him from the wreckage and rush him to Mercer Hospital. He was pronounced dead shortly after from severe injuries he suffered in the crash.

Drivers of both vehicles were transported to area hospitals with serious injuries.

The driver of the car was placed under arrest and wearing handcuffs when put into the ambulance. No further information is available at this time pending a full investigation.

Originally posted at InjuryBoard by Chrissie Cole

N.J. Gov. Vetoes Wrongful Death Bill

Chrissie Cole — Wed, 16 Jan 2008 09:04:48 GMT

On Tuesday, Governor Jon S. Corzine, used his pocket veto to stop a controversial bill that would have extended New Jersey's wrongful death law to allow families to sue for emotional pain, mental anguish and suffering.

A pocket veto is a way of indirectly rejecting a bill by not signing a legislatively passed measure into law within a certain time frame. It's called that because a governor can put a bill in his pocket and let it die.

The bill was supported by victim's advocates and trial lawyers who argued that under the current law families are unable to recover damages when the death of a disable person, retiree or child could have been prevented.

The bill was being opposed by various business interests who argued that liability insurance and property taxes would increase as a result.

Corzine has stated he allowed the bill to expire without signing due to concerns about "the significant impact on local and state budgets."

Originally posted at InjuryBoard by Chrissie Cole

Slip, Trip & Fall Prevention

Chrissie Cole — Tue, 01 Jan 2008 02:16:41 GMT

Each year, an estimated 300,000 disabling injuries occur, within the U.S., resulting in 1,400 worker deaths.

Slips, trips and falls make up 15 to 20 percent of all workers' compensation costs.

Premises liability deals with the breach of duty that is owed by an owner or occupier of property to protect invitees from dangerous conditions and defects on the property. The owner/occupier has a duty to exercise reasonable care in the management of the premises to ensure persons are protected from an unreasonable risk of harm.

There are a variety of practices and safeguards that can be established to help reduce the amount of deaths and injuries due to slips, trips and falls each year. Below are some tips:

Property owners, managers and supervisors must work together and make a commitment to prevent accidental slips trips and falls.

Frequent inspections should be made of the walking and working areas to identify any potential hazards that can cause a slip and fall. Pay special attention to details such as lighting, visibility and walking surfaces. Any unsafe practices or conditions should be fixed immediately.

All workers should be required to wear proper footwear and equipment needed for their respective work area, whether it be in the field, shop or office.

All slips, trips and falls should be recorded - including those without injuries.

Each and every incident should be investigated thoroughly.

Originally posted at InjuryBoard by Chrissie Cole

Gaylord, Rubinstein & Popp, LLC

Staff Writer — Thu, 13 Dec 2007 15:27:36 GMT

Originally posted at InjuryBoard by Staff Writer

Disclaimer

Staff Writer — Thu, 13 Dec 2007 15:24:36 GMT

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Originally posted at InjuryBoard by Staff Writer

Samuel Gaylord, Attorney at Law

Staff Writer — Tue, 13 Feb 2007 15:26:10 GMT

Originally posted at InjuryBoard by Staff Writer