Workplace Injuries
Edited by Kenneth A.
Vercammen, Esq.
No one plans on being injured in an accident,
whether it is a fall down or other situations. Speak with a personal injury
attorney immediately to retain all your rights. The businesses are responsible
for the maintenance of their premises. It is the duty of the manager to inspect
and keep the site in a safe condition and free from any and all pitfalls,
obstacles or traps that would likely to cause injury to workers and persons
lawfully thereon.
When the Workers' Compensation Act was passed many years ago
it was probably the first true "no fault" law in this State. With
some very narrow exceptions, the question of negligence (fault) is not an issue
if a worker is hurt on the job. Whether or not the employer is at fault has no
impact on the worth of a case. In
worker's comp, employees can bring a claim against their employers' worker'
comp carrier. However, employees cannot file a formal lawsuit against their employer.
Financial recovery is limited by state law in worker's comp cases. If their
injury at the work place was caused by negligence of someone who is not your
employer or another employee, it is a civil lawsuit in Superior Court. In
lawsuits, negligence must be proved against someone other than the employer.
It is the duty of the owner to properly
and adequately inspect, maintain and keep the premises free from danger to
life, limb and property of persons lawfully and rightfully using same and to
warn of any such dangers or hazards thereon. You may be lawfully upon the
premises as an employee or business invitee in the exercise of due care on your
part. If severely injured, and the negligence was of someone other than your
employer, you can retain an attorney to file a lawsuit for damages, together
with costs of suit. Injured people in lawsuits can demand trial by jury. Jury
trials are not permitted in worker's compensation cases.
The Appellate Division court in RAIMO
v. FISCHERA __ NJ Super. __
docket
2201-03T5A held contractor's duty of care for persons who come onto a
construction site is governed by general negligence principles, which require a
contractor to exercise reasonable care to maintain the site in a safe condition
for any persons who the contractor may reasonably expect to come onto the site,
rather than by the common law doctrine of premises liability, under which the
landowner's tort liability is determined by the injured person's classification
as a business invitee, licensee, or trespasser.
WHAT TO TRY TO DO AT THE ACCIDENT SCENE IF
INJURED
1. Stop . . . do not leave the scene of the accident.
CALL 911, tell them where the accident occurred and (ask for medical
help if needed).
2. Notify the property manager or owner, if possible. Insist they
observe where you were injured.
3. Get names and addresses of all witnesses.
Witnesses will be a
tremendous help to you in any subsequent court action if there is any question
of liability involved. Get the names and addresses of as many witnesses as
possible. If they refuse to identify themselves, jot down identifying features
or the license plate numbers of their automobiles. Do not discuss the accident
with the witnesses. Do not give the witnesses' names to anyone but the police,
your attorney or your insurance company.
4. While waiting for ambulance, write down Accident Information
Date __ Time __
Location __
Weather __
area conditions __
5. Summary of accident __
6. Diagram of accident location
7. Seek medical care. If you have any reason to
suspect you were injured in the accident, go to a hospital immediately or see a
physician promptly. You'll want it on record that you sought treatment right
away, not in a week or so.
8. Write down the name of Security Personnel, Police Officers,
Department and Badge Number, Ambulance crew, etc.
9. Do not assign or accept blame for the accident.
- The scene of the accident is not the place to determine fault.
Discuss the accident only with the
ambulance and medical personnel, your attorney and with representatives of your
insurance company. Give the other party only your name and address.
- Be cooperative with the
police.
10. Have immediate photos taken of accident site.
11. Call a personal injury attorney immediately, not a real estate
attorney.
Call Kenneth A. Vercammen - Trial Attorney
Attorney At Law
(732) 572-0500
When you need help the most, we will be ready to help you.
12. Never give a signed statement to the claims adjuster representing
the property owner's insurance company. The same goes for a phone
recording. They may be used against you
in court to deny your claim. Speak with your personal injury attorney first.
IF YOU HAVE BEEN INJURED AT YOUR WORK PLACE
It is important that you --
1. DO NOT discuss your case with
anyone except your doctors and attorney.
2. DO NOT make any statements or give
out any information.
3. DO NOT sign any statements,
reports, forms or papers of any kinds.
4. DO NOT appear at police or other
hearings without first consulting with your attorney.
INFORM YOUR ATTORNEY PROMPTLY of any
notice, request or summons to appear at any hearings.
5. Refer to your attorney anyone who asks you
to sign anything or to make any statement or report or who seeks information
concerning your case.
6. Direct your doctors and other treatment
providers not to furnish or disclose any information concerning your case to
any entity other than your insurance company without YOU AND YOUR
ATTORNEY'S WRITTEN PERMISSION.
7. You may have insurance coverage such as
Worker's Comp, Blue Cross, Blue Shield or Major Medical which require prompt
attention. However, be sure to have your
treatment providers send bills immediately to all of your insurance companies.
8. Notify your attorney promptly of any new
developments. Small things may be important. Keep your attorney informed.
9. Maintain accurate records of all
information and data pertaining to your case.
10. If you or any witnesses should move, be sure
to notify your attorney of the new address.
Worker's compensation recovery if no
negligence by others, but on the job injury
Original
draft by Julius J. Feinson, Esq.
Modified
by Kenneth Vercammen, Esq.
If a worker is injured on the job, the worker has three
basic rights: (1) the right to medical
treatment; (2) the right to receive payment (temporary disability) for lost
time; and (3) the right to receive payment for any after-effects of the injury
if the after-effects are found to be permanent (partial permanent
disability). If you are injured, you should
immediately report the accident. Make
sure an accident report is filled out and write down the names of all
witnesses.
When a worker is injured on the job, the employer or the
employer's insurance company are obligated to furnish and pay for medical
treatment. However, in New Jersey, the employer
has the right to select the doctors who will provide that treatment, since it's
the employer or its insurance company who is responsible for payment of medical
expenses. It follows that if the worker does not go to the authorized treating
doctor, then the employer will generally not be responsible for payment of the
medical expenses.
When an employee is hurt on the job, the employee is
entitled to receive temporary disability benefits of 70% of wages up to an
amount set by the State. For example,
the maximum amount for an injury in 1997 was only $496 per week. These benefits are payable on a retroactive
basis if the employee is out at least seven (7) days and the treating doctor
certifies that the employee cannot work.
In general, temporary disability benefits will continue to be paid so
long as the workers' treating doctor certifies that the employee cannot work.
When medical treatment is completed and the employee is able
to return to work, there may be a basis for payment to the employee of benefits
for the after-effects of the injury. This is called partial permanent
disability and is based on a schedule which utilizes a system of assigning
value to each part of the body on a scale of 1% to 100%.
Generally, the issue of partial permanent disability is
resolved by filing a claim in the Division of Workers' Compensation. A lawyer who represents a claimant before the
Division of Workers' Compensation may not charge any fee in advance. An
Administrative Law Judge who hears the case will set the fee (never more than
20%) and if there is no recovery, an attorney will not be allowed a fee.
Finally, disposition of a claim in the Division of Workers'
Compensation will not always operate to end a claim. There are rights and
obligations on the part of both the employer and the employee. Since an
employee is not obligated to pay a fee in a workers' compensation case unless
awarded by the Court, it would make sense for the employee to immediately
consult an attorney to protect his/her rights.
The employee should also be aware of the fact that there are
time limits regarding the reporting of accidents. The safest approach is, of
course, to report a work related accident immediately, even if it seems
relatively minor at the time. Failure to report an accident can cause delays in
receiving temporary disability and other benefits.
When you meet with a worker's compensation attorney, the
following information will be requested from you:
1. Name, address and
telephone number.
2. Name, address and
telephone number of employer.
3. Name, address and telephone number of any union the
client is a member of, along with full details of any union benefits that may
have been received or to which the client has a right. (There may be a union benefit plan which provides
the employee with payments for drugs and medical bills in addition to workers'
compensation benefits.)
4. The job title the
client held when injured, along with the client's educational background and
previous employment history.
5. The nature of the
employer's business.
6. Your Social
Security number.
7. Your sex, age, and
marital status at the time of the accident.
8. The name of the employer's worker's compensation
insurance carrier or indication of whether the employer is self-insured.
9. The exact details
of how you gave notice of the accident to the employer or whether the facts and
circumstances are such that the employer must have had knowledge.
10. The exact place where the accident occurred and the date
and time of the occurrence.
11. A full description in your own handwriting of how the
accident occurred or to the exposures if it is an occupational disease
case.
12. Your wages or
earnings and whether on time or piece-work basis, the rate per hour, or the
weekly wage.
13. The date when you
stopped work and the date of return to work.
14. A statement of
past and present complaints, as well as a description of all body parts
affected by the accident. Explain any emotional complaints since the accident
to investigate the question of neuro-psychiatric disability.
15. The compensation paid for temporary or permanent
disability must be ascertained.
16. Full details as
to medical aid required and whether it was requested from the employer. If the
medical treatment was furnished by the employer, all dates of treatment should
be inventoried. If the employer refused to furnish the treatment, indicate in
detail all requests made to the employer for treatment, as well as obtaining
the names and addresses of all doctors who furnished the treatment.
17. Be certain you
have the names and addresses of all physicians and hospitals who rendered
medical treatment since the accident, including but not limited to the injuries
arising from the accident. Attempt to obtain the amount of all physician's
bills and prepare a file for paid and unpaid bills.
If you are receiving medical treatment from a doctor of your
choice or if the employer has refused to render medical treatment, the attorney
must give written notification to the employer and its insurance carrier of all
the details concerning your injuries and
accident and the name and address of the doctor by whom he is being treated or
the name and address of the doctor who is going to be treating him. The
attorney must clearly indicate in the letter that this is a formal request
pursuant to Title 34 for the employer/respondent to furnish medical treatment
by the doctor chosen by the petitioner or, alternatively, that the respondent
should immediately provide the name and address of a doctor that it wants to
treat the petitioner. In Worker's Compensation, the respondent controls the
choice of doctor.
18. Any Blue Cross,
Blue Shield, or major medical plans which cover you, as well as identification
numbers, since it may be possible to obtain payment for medical bills from
these plans, if the employer/worker's compensation refuses to make payment. See
Workers' Compensation (ICLE 1983).
If you are injured while working, we recommend you
immediately speak with an experienced attorney.
Conclusion
We appreciate that this is a great deal of information to
absorb. However, we are certain that our
clients appreciate having this information from the outset. Each request and
bit of information given here represents an important part in recovering full
value for your injury. Therefore, we respectfully request your full
cooperation. If you have questions or concerns regarding these instructions, we
encourage you to feel free to contact the office at any time.
Call Kenneth Vercammen to schedule an appointment
732-572-0500
About
Kenneth Vercammen, Esq.:
Kenneth
Vercammen is a trial attorney in Edison,
Middlesex County, New Jersey. He
has lectured on traffic and criminal law for the New Jersey State Bar
Association, New Jersey Institute for Continuing Legal Education and Middlesex
County College. He often lectures for the New Jersey State Bar Association on
personal injury, criminal / municipal court law and drunk driving. He has published 125 articles in national
and New Jersey publications on municipal court and litigation topics. He has
served as a Special Acting Prosecutor in ten different towns in Central New
Jersey and also successfully defended hundreds of individuals facing Municipal
Court and Criminal Court charges.
In
his private practice, he has devoted a substantial portion of his professional
time to the preparation and trial of litigated matters. He has appeared in Courts throughout New
Jersey several times each week on many personal injury matters, Criminal and
Municipal Court trials, and contested
administrative law hearings.
Since 1985, his primary
concentration has been on litigation matters.
Mr. Vercammen gained other legal experiences as the Confidential Law
Clerk to the Court of Appeals of Maryland (Supreme Court),with the Delaware
County, PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Dept. as a
Probation Officer, and an Executive Assistant to Scranton District Magistrate
Thomas Hart, in Scranton, PA.
