| Edited
by Kenneth A. Vercammen, Esq.
No one plans on being injured in an accident, whether it is a fall
down or other situation. 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 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, 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 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 doctor 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
coverages 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 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
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