Questions & Answers
Note: The material included on Levinson Axelrod's web site is for informational purposes only and is not offered as legal advice on any particular matter or in any particular jurisdiction. Because the results of any legal matter may vary depending upon the specific law and facts applicable to the case, the reader should not act based upon any material contained on this web site without seeking professional advice as to the particular facts and law involved. No information on this web site should be construed as a prediction of future results. Transmission and receipt of information from this web site does not create or constitute an attorney-client relationship between the reader and Levinson Axelrod. Levinson Axelrod is not responsible for any third party content which is accessible through this site.
- Automobile Accidents and Insurance
- Social Security Disability
- Medical Malpractice
- General Legal Questions
- Construction Site Accidents
- Employment Discrimination
Automobile Accidents and Insurance
Q: What is the Automobile Cost Reduction Act and how does it effect me?
A: On May 19, 1998, New Jersey Governor Christine Todd Whitman signed the "Automobile Insurance Cost Reduction Act of 1998." The Act, which took effect on March 23, 1999, has brought about sweeping changes in the types of automobile insurance coverage that are now available to drivers in the State of New Jersey. Under the Act, individuals purchasing new automobile insurance policies after March 23, 1999, or renewing existing policies, are required to choose between types of insurance coverage that were never before available. As a result, it is now more important than ever that individuals understand the differences between the types of automobile insurance coverage available.
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Q: What is the difference between the "Standard Policy" and the "Basic Policy"?
A: Under the new Act, drivers are required to choose either the Standard Policy or the Basic Policy. Under the Standard Policy, individuals will receive the normal liability insurance coverage that existed prior to the Act. Under the Basic Policy, however, there is generally NO liability insurance coverage available. As a result, persons who select the Basic Policy will be expected to defend themselves without the aid of attorneys appointed by their insurance company. Furthermore, individuals who select the Basic Policy will be personally liable for the payment of any judgments entered against them. It is important to note that not only may your personal property and possessions be used to satisfy any such judgment, but that your driver's license will likewise be suspended until the judgment has been paid in full. As a result, we strongly recommend that you select the Standard Policy.
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Q: What does the term "Tort Threshold" mean?
A: The term "Tort Threshold" deals with whether there is a limitation on your right to bring a claim against a negligent driver for injuries that you sustained in an automobile accident. Under the Act, drivers must select whether or not there will be a limitation on their right to bring a claim against a negligent driver who causes an accident. Drivers who select the "No Limitation on Lawsuit" option will be permitted to bring a claim against a negligent driver without any limitation on their right to sue. Drivers who select the "Limitation on Lawsuit" option, however, may only bring a claim if their injuries meet one or more of six statutory categories.
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Q: I just had an accident. If I selected the "Limitation on Lawsuit" option, do I have a case?
A: Under the new Act, individuals subject to the "Limitation on Lawsuit" option must have sustained one or more of the following injuries in order to maintain a claim for damages: (1) Death; (2) Dismemberment; (3) Significant Disfigurement or Scarring; (4) Displaced Fracture; (5) Loss of Fetus; or (6) a Permanent Injury. A permanent injury is defined as an injury in which a body part or organ has not healed to function normally and will not heal to function normally with further medical treatment.
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Q: Other than myself, is anyone else subject to my selection of a Tort Threshold option?
A: Yes. Aside from yourself, other family members, who resided with you at the time of their accident, but did not own their own automobile, will be subject to your Tort Threshold selection. As a result, your child may be subject to your Tort Threshold selection even if neither you nor your car was involved in the accident.
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Q: What if I selected the "Limitation on Lawsuit" option? Is it possible to change it?
A: Yes. You may change your Tort Threshold selection at any time by contacting your automobile insurance agent. Simply tell them that you want the "No Limitation on Lawsuit" option. Please note that a change in your policy coverage may effect the premium that you pay.
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Q: Are there any other changes under the new law that I should know about?
A: YES! There have been drastic changes in Personal Injury Protection coverage benefits as well as other changes in the deductible and rates for Collision/Comprehensive coverage. Be very careful when you complete your "automobile insurance selection form" at the time of your policy renewal. Now more than ever you need competent advice in you selections. The New Jersey Legislature has decided that automobile drivers should be involved in selecting their benefits and coverages. You will see how complicated this process is when you receive your renewal form. We will be happy to offer guidance and help you decide what would give you and your family maximum protection. Please feel free to call us at 1-800-34-NJ LAW.
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Q: What does "Underinsurance Coverage" mean to me?
A: The best way to describe this is to give you an example. For instance, suppose you have an injury worth 100,000 dollars. But the driver who is responsible for your injury only has 15,000 dollars worth of liability insurance. If you have 100,000 dollars in underinsurance coverage, your insurance company will pay you the difference. In short, your insurance company will make up the 85,000-dollar difference. Please consult with a qualified attorney to determine if these benefits are available under your policy. You will not receive these benefits unless the terms of your insurance policy are complied with before settling with the underinsured driver.
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Q: What does "Uninsured Motorist Coverage" mean to me?
A: If the person who causes an injury to you is either uninsured or is unknown to you (such as a hit and run driver), uninsurance coverage makes sure you will be compensated for your injury. You may have this kind of coverage included in your own automobile insurance policy. We strongly suggest you purchase this coverage to protect yourself.
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Q: Who will pay my medical bills?
A: In most automobile cases, your insurance company should pay all of your medical bills. Unfortunately, if you are riding a motorcycle or moped at the time of the accident, there may be no medical insurance available. Medical bills from non-automobile accidents are usually paid by a combination of Blue Cross/Blue Shield and the private insurance that you or your spouse has at work. It is important to find out which medical group is primarily responsible to make certain that your doctors and hospitals send copies of those bills promptly to the correct insurance company. Your attorney can help you do this.
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Q: If I am injured, what should I do if the other person's insurance company contacts me?
A: Call your attorney. Your attorney will deal with the insurance company directly.
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Q: What does my lawyer do when I'm involved in an accident?
A: First, your attorney advises you of your legal rights and opens a file. Then he or she begins to communicate with the other parties involved in the accident, their insurance companies and their attorney. Your lawyer will also put all of your doctor bills, receipts and your hospital bills in your file. If it is necessary, your attorney will either negotiate a settlement on your behalf, or prepare the case for trial and try the case on your behalf.
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Social Security Disability
Q: What do I have to prove to get Social Security Disability benefits?
A: To receive benefits in the Social Security Disability program, you must have physical or mental problems (or a combination of problems) severe enough to keep you from working in any regular, paying job for at least 12 months.
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Q: What should I do if Social Security denies me benefits?
A: Many people become disheartened when Social Security denies their disability claim and do not appeal the denial. This is a mistake. Many will ultimately get benefits despite one or two denials.
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Q: Can anyone else get benefits if I am found disabled?
A: Yes. Your children are entitled to benefits if they are under 18 (or under 19 and in high school full time.) Your spouse can also get benefits if caring for a child of yours who is under 16 or disabled and also receiving checks.
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Q: How long must you have worked to be entitled to Social Security Disability?
A: You must have worked long enough and recently enough to qualify for credits (quarters) based on income. These are only credited if your employer contributes to Social Security. Contact your local Social Security office to find out how many qualifying credits (quarters) you have.
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Q: If I am denied, do I get a hearing?
A: After you are denied twice you may have a hearing, but you must file forms within 60 days. At a hearing the Judge may take the testimony of medical and vocational experts. You are well advised to have legal representation at the hearing level.
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Q: What happens if I get better?
A: If your condition improves and you return to work Social Security will keep paying you during a trial work period. If your earnings do not average more than $500 a month, benefits will generally continue. If they average over $500 a month, benefits will continue for a 3 month grace period.
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Q: What does Social Security look at when determining disability?
A: Social Security looks at five areas:
- Are you working?
- Is your condition severe?
- Is your condition on their list of disabling impairments?
- Can you do your previous work?
- Can you do any other type of work?
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Q: When should I apply for Social Security Disability?
A: You should apply at any Social Security Office as soon as you become disabled. However, benefits will not begin until the sixth full month of disability, because Social Security uses a "Waiting Period" beginning with the first full month after the onset of your disability. It usually takes months for Social Security to review your claim, so do not delay.
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Q: My spouse is disabled and has never worked. Is my spouse entitled to anything if I were to die?
A: A disabled widow or widower age 50 or older may be entitled to benefits on the earnings recorded of a deceased spouse. However, their disability must have started before your death or within 7 years after your death.
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Q: How much will I get from Social Security Disability?
A: The amount of your monthly disability benefits is based on your lifetime average earnings covered by Social Security. If you want an estimate call or visit your local office and ask for the form "Personal Earnings and Benefit Estimate Statement."
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Medical Malpractice
Q: What is medical malpractice?
A: Medical malpractice means that a physician, dentist, medical institution or other health care provider deviated from acceptable standards of care. In other words, a physician or other health care provider was negligent in its care or treatment of an individual.
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Q: What must I do to prove that I have a case of medical malpractice against any physician?
A: In order to pursue a claim you must show that the doctor failed to do what other doctor's would do in that situation; the doctor deviated from the accepted standard of care. Additionally, it must be proven that the deviation caused the injury that occurred. Potential deviations, for example, are failing to test, failing to diagnose, mistakes made during procedures, and not obtaining informed consent. Also, in order to file a lawsuit against a doctor or hospital for medical malpractice, you must be able to present evidence from a medical expert that malpractice was in fact committed against you. These cases are often complex and should be handled by an attorney experienced with lawsuits of this nature.
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Q: I did not obtain favorable results from the medical treatment or the surgery that I had. Does that mean that I have a medical malpractice case?
A: No. Unfortunately, medical treatment or surgery can often leave you with less than ideal results. But that does not necessarily mean that medical malpractice was committed. Attorneys examine the facts of each case we handle to determine whether the treatment given was a deviation from accepted standards of care. If the treatment was a deviation from accepted standards of care, you may have a case.
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Q: How much time do I have to file a case of medical malpractice?
A: New Jersey's Statute of Limitations allows you to file a lawsuit within exactly two years from the date that malpractice occurred, or the date upon which you reasonably became aware that malpractice had occurred. For an infant, the Statute of Limitations runs two years from the date of his or her 18th birthday.
A note of caution involving cases involving injuries at birth - in 2004, the New Jersey Legislature enacted a change in the applicable Statute of Limitations. In an action filed on behalf of a minor that accrues for injuries sustained at birth, the case must be filed prior to the minor’s 13th birthday. N.J.S.A. 2A:14-12. This statute applies to births occurring after the enactment date in 2004, but is an important concern.
Persons contemplating a medical malpractice claim should be aware, however, that a thorough investigation of medical reports by an expert must be undertaken by an attorney prior to the filing of any malpractice lawsuit. Therefore, they should seek legal advice as soon as possible.
Additionally, there are special time requirements for filing of a Tort Claim Notice in situations involving a state or county-owned medical facility. The time period within which you must file such a notice is usually 90 days. Since, you may not be aware if your health care provider is working for a public entity, it is important that you consult with an attorney as soon as possible.
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Q: How long will the case take?
A: It could take up to five years before a medical malpractice case goes to trial. Due to the complexity of these cases, and the fact that they are not often settled out of court, this type of litigation may take longer then others.
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Q: Can I file a complaint for medical malpractice myself, without retaining an attorney?
A: You are certainly entitled to personally file a Superior Court Complaint. However, the rules and regulations regarding medical malpractice are extremely complicated. You would be best served by retaining an attorney from a firm, such as ours, that specializes in medical malpractice.
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General Legal Questions
Q: What is a "Certified Civil Trial Attorney"?
A: The title, Certified Civil Trial Attorney, is a special title created by the New Jersey Supreme Court. To earn this title a lawyer must not only have years of experience trying civil cases, but he or she must also pass a difficult and complex examination. Many of the partners of Levinson Axelrod have the distinction of holding this title.
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Q: What should I do if I am involved in an accident?
A: Always seek immediate medical treatment for your injuries. After you are treated for your injuries contact an attorney. To assist your attorney, make sure you document the important details surrounding the incident, including information regarding the hospital, treating doctor, and medical expenses, along with information about automobile repair costs and lost wages. This information should be forwarded to your attorney. Make sure you keep the lines of communication open between you and your attorney. If anything changes, such as your medical treatment, inform your attorney immediately. Also insurance companies generally require that certain forms be completed for payment of bills.
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Q: What if I am injured in an automobile accident, but I do not have health insurance?
A: Your automobile insurance company will pay your medical expenses. If you are not covered by an automobile insurance policy, the automobile insurance company that insures the vehicle in which you were driving will pay your bills. You should be aware that there is a deductible amount for which you will be responsible to pay. If you have selected Health Insurance as primary under your automobile insurance, but have none, you may still be able to obtain coverage with some penalty. Please contact us, so we can answer these questions in greater detail.
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Q: Can I re-open a case after it has settled?
A: In most situations, you cannot re-open a case once it has settled. Thus, your case should be handled by the most knowledgeable and professional of individuals. It is important that you be patient and reasonably certain that you understand the extent of your injuries before you settle. In the case of a child under eighteen years of age, a judge must approve any settlement. Once the case has settled it is generally concluded forever.
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Q: Do I really have a case?
A: Sometimes this question can be answered easily and sometimes it cannot. You might think that you have a perfect case (passenger in an automobile accident) only to learn that there are certain "threshold requirements" that you have not satisfied. Also, you may think that you have a poor case (the driver causing the accident has no insurance), when in fact it may be a very good case. The important thing to remember is to consult an attorney as soon as possible. Early investigations can be critical and these consultations and initial evaluations are often free. Don't hesitate to ask the question, "Do I really have a case?"
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Q: How much is my case worth?
A: The answer to this question depends on numerous factors including the nature of your injuries, your prognosis, the insurance coverage available, and the likelihood of success on the issue of liability. Attorneys must be careful in answering this question because many injuries, which appear simple at first, may become very complicated due to the injuries' wide-ranging effects. A good way for us to evaluate the value of your case is by developing a full picture of the injury through investigation and documentation.
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Q: How long will my case take?
A: We try to evaluate and settle all cases as soon as possible. However, this depends upon the nature of your injuries and communications with the responsible parties' insurance company. We write for doctor's reports and hospital records immediately to determine whether the injury is a chronic injury or not. If your injuries cannot be evaluated promptly, or good communication cannot be established with the insurance company, the case may take a significant amount of time to conclude. We make every possible effort to settle cases as early as possible, but insurance companies can delay settlement until the case is called to trial.
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Q: Will I have to go to court?
A: Many clients spend at least one day in court, but few clients actually testify. Unfortunately, it may be difficult to settle your case without a court appearance. For example, if you have a scar, the insurance company or the court will want to see you in person to evaluate it. Also, all cases involving children under the age of 18 must have approval from the court to confirm any proposed settlement. There are presently arbitration programs to mediate disputes shortly after complaints are filed and those procedures require a court appearance. Don't be afraid to go to court. The judicial system is there to protect you and your attorney will help you feel comfortable.
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Q: Will my settlement monies be taxable?
A: Generally, no. With rare exception, all monies that are paid by an insurance company to settle you case are not taxable. The IRS has ruled that these monies are compensation for loss and not income. This may not apply, however, to certain cases that we handle, and should be discussed with the attorney handling the case.
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Q: How does the "Statute of Limitations" effect me?
A: Understanding the meaning of the "Statute of Limitations" can help you obtain the justice that you deserve. The Statute of Limitations is that period of time when you must start a lawsuit against the person or organization that you believe caused your injury or damage. For personal injury cases in New Jersey, that period is normally two years from the date of the act of negligence or when you knew or should have known of an injury related to negligence. But in cases against state, counties, cities, and other public entities, you must file a formal notice within 90 days from the date of your injury, or you may be barred from starting a suit. In the case of children, the Statute of Limitations is two years after their eighteenth birthday. Since, determining whether the Statute of Limitations has run is sometimes a complex issue, an attorney should be consulted. There are certain circumstances in which the Statute of Limitations may be "tolled" or delayed in commencement. You should speak to an attorney to see if there are any special circumstances that will allow you to commence a case after the Statute appears to have run.
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Q: What is PIP and How Does it Work or How Does Insurance Pay My Medical Bills in a Car Accident?
A: Personal Injury Protection (PIP) refers to the section of an automobile insurance policy that provides for the payment of medical treatment for the named insured and others who may be covered under the named insured's policy. Because New Jersey is a "no fault" state, medical bills for injuries sustained in an automobile accident are paid by the insured party's own automobile insurance carrier under PIP.
If you get into an automobile accident, it is very important that you inform the hospital and/or treating doctors that you were in fact in an automobile accident, and that your medical bills should be submitted through PIP for payment. If medical expenses resulting from an automobile accident are paid through your health insurance, and you subsequently have a claim against the other driver, the proceeds from any settlement or verdict in that matter may be subject to a lien asserted on behalf of your health insurance carrier. This will depend on whether your health insurance policy qualifies as an ERISA based self-funded plan under federal law. To avoid this, all medical bills causally related to an automobile accident should be paid through PIP.
If you are injured in an automobile accident and do not own a car, there are several sources in which you may be entitled to receive PIP benefits. N.J.S.A 39:6A-4 provides that, every standard automobile policy in New Jersey must provide PIP coverage for the benefit of the named insured, resident family members, as well as occupants and permissive users of the insured's vehicle. Thus, if you do not own a car, the first source in which you may be entitled to PIP benefits is through a resident relative's automobile insurance. This means that if you are hurt in an automobile accident, you may be entitled to medical coverage through the insurance policy of your spouse, parent, child or sibling; assuming you both have the same primary residence. This is regardless of whether you were driving that family member's automobile or not. If you do not have a resident family member in which to obtain PIP benefits, you would then be entitled to PIP benefits under the insurance policy of the automobile in which you were a driver or passenger.
Essentially the way PIP benefits work is your automobile insurance carrier provides for the payment of all causally related medical expenses incurred as a result of an automobile related accident subject to the following three exceptions: (1) most policies contain a $250 deductible (although a larger deductible may be selected); this initial amount must be paid by the individual receiving the benefits; (2) PIP is then responsible for 80% of your medical bills up to a total of $5,000; you are responsible for the remaining 20%. PIP will then pay 100% of all remaining medical expenses from $5,000 up to your elected coverage limit; and (3) All medical expenses billed to PIP must conform with the fee schedule as set forth by the New Jersey No Fault Insurance statute. Under this law, medical care providers are only allowed to charge up to a specific amount for your medical care incurred as a result of an automobile accident. These amounts are set forth in the statutory fee schedule. Should your medical care provider charge you an amount in excess of the statutory limit, neither you nor your PIP carrier is responsible for the payment of any amounts over the fee schedule.
When purchasing automobile insurance there are several elections that you can make regarding PIP benefits that you should be cautious of. First, you should purchase full $250,000 of PIP medical expense coverage. You may elect to purchase less coverage in the amounts of $15,000; $50,000; $ 75,000; or $150,000; however, if you do, you may not have enough insurance to obtain all of the medical treatment you need or to pay for all of your medical bills. Further, the savings is not generally significant in light of what you give up.
Next, the standard deductible amount for PIP benefits is generally $250. You may elect a higher deductible amount of $500; $750 or $1000. Keep in mind that the election of a higher deductible would apply to PIP benefits for a resident family member but not to a passenger or a permissive user receiving benefits under the policy of the automobile in which he or she was traveling.
Possibly the most costly mistake you can make when making your elections regarding PIP benefits is to elect healthcare primary. Electing health insurance primary means that your health insurance would be responsible for you medical bills and not your automobile insurance. There are several pitfalls to making this election, and it is strongly advised against. First, your health insurance plan may not provide coverage for automobile accidents at all, and may not cover all of your family members. Further, some of your bills may not be paid because of deductibles and fee schedules. Also, if your health insurance pays your medical bills and you obtain monetary damages in a civil lawsuit, your insurer may have a subrogation interest in which you would be responsible for reimbursement of medical expenses related to an automobile accident; this means that money that is for your injuries would have to go to pay medical bills that were already paid by insurance. Even though you may potentially have to pay back the medical bills to the insurer, you cannot recover those losses from the person who caused the accident. Therefore there is a significant risk in making health care primary. Since it requires an attorney or someone with familiarity with the law and access to all healthcare plan documents to determine the precise repercussions of making health care primary, we recommend against doing so in order to protect you.
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Construction Site Accidents
Q: Am I entitled to make a claim as a result of my injuries sustained while working on a construction site?
A: Yes. In fact, there are two possible claims which you may be entitled to file. The first is a Workers' Compensation claim. The other is a Third Party claim, which may be filed against a number of entities, including the general contractor, prime contractor, engineers and/or other parties. We can help determine whether there is a responsible "third party".
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Q:What is the difference between a Workers' Compensation claim and a Third Party claim?
A: Under New Jersey State Law, an employee is barred from suing his employer as a result of injuries sustained during the course of his employment. Instead, an employee is entitled to bring a claim for benefits under his employer's Workers' Compensation insurance policy. Under this policy, an injured employee may be entitled to have his medical bills paid, collect lost wages, and receive a monetary award for any permanent injury. A Third Part claim, on the other hand, is a claim against someone other than an employer or co-employee who may have been responsible for either causing or failing to prevent the accident.
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Q: If I bring a claim as a result of a Construction Site accident, who will typically be named as a defendant?
A: That depends on how the accident occurred. If you were injured due to the negligence of someone working on the site (other than your employer or a co-employee), then they may be liable for your injuries. Additionally, New Jersey Law imposes upon the General Contractor who runs the site the non-delegable duty to provide all workers with a reasonably safe work place. By failing to do so, the general contractor may be liable for your injuries without actually taking an active role in causing your accident. Under either scenario, however, you would still be entitled to Workers' Compensation benefits.
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Q: What type of duty does the General Contractor owe to workers on the construction site?
A: It is generally understood that the General Contractor is in the best position to prevent construction site accidents. Therefore, as the professional in charge of the work site, who contracts to oversee the work being done there, the General Contractor has the legal duty to supply all workers with a reasonably safe work environment. When a worker is injured due to the failure of the General Contractor to properly supervise the work site and correct hazardous conditions, the general contractor may be held liable.
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Q: What if the accident was my own fault?
A: Workers' Compensation law provides for the payment of claims by employees who are injured during the course of their employment, regardless of fault. You are entitled to the very same recovery under Workers' Compensation regardless of who caused the accident. In third party claims, however, a potential defendant is only responsible to you for the degree to which their negligence caused your injuries. It should be noted that the General Contractor may be liable for your injuries when they have either actual or constructive knowledge of the hazardous condition or practice, but failed to take the proper steps to correct it.
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Q: What happens if I am successful in pursuing both a Workers' Compensation claim and a Third Party claim?
A: Once you are successful in a Workers' Compensation claim, the Workers' Compensation Insurance carrier will then assert a lien against the proceeds of your Third Party claim. Therefore, before you may receive the proceeds of the Third Party claim, the Workers' Compensation carrier is entitled to be repaid for those amounts that it paid out on your behalf in the Workers' Compensation claim. Should there be no Third Party claim, or if it is unsuccessful, then the aforementioned lien would be waived by the carrier and need not be repaid.
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Employment Discrimination
Q: Can I sue my employer for discriminating against me?
A: Yes, if your employer discriminates against you directly or allows your co-workers or clients to discriminate against you due to your race, religion, age gender, sexual orientation, nationality or disability you may have the legal right to sue your employer for damages. Personality conflicts or differences of opinion are generally not protected by the law. In those instances, as well as most others, legal counsel should be consulted.
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Q: If I suffer from a chronic illness, have an injury, or need to attend to an ill family member, which prevents me from returning to work, can I get fired?
A: It depends. If you work for a Company with 50 or more employees, the Family Medical Leave Act ("FMLA") provides for your employer to hold your position, or a similar one, open for twelve (12) weeks, if you are unable to work due to chronic illness or medical emergency. There are many different ways in which this time period may be used by you, and not every situation that calls you away from work is covered.
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Q: If I become partially disabled due to injury or medical condition, does my employer have to help me keep my job?
A: Under the NJLAD, your employer may be obligated to provide you with an accommodation that would allow you to continue your job. There are many factors that must be considered, but, basically, if you are still able to perform the essential functions of your job and the accommodation that you would require in order to perform those functions is "reasonable" then your employer may well be obligated to help you keep your job.
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Q: If I feel that I was fired because of my age, is there anything that I can do about it?
A: Yes. The NJLAD prohibits discrimination based upon age. While the statute does not give a minimum age necessary in order to bring such a claim, the Federal Statute (ADEA) sets the minimum age at 40. There are many factors that must be considered before a formal action is instituted for any age related firing and counsel should be consulted in order to accurately determine if a cause of action exists in your case.
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Q: If I was fired because I spoke out about an illegal activity occurring at work, is there anything I can do?
A: Yes. New Jersey's Conscientious Employer Protection Act, protects employees who "blow the whistle" on illegal workplace practices. You might be protected even if the activity that you complained of was not "in fact" illegal or violative of regulations or ordinances, so long as you reasonably believed that they were. This is a determination that must be made upon consultation with counsel.
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Q: If my boss makes sexual advances towards me, and I am punished, demoted or fired for rejecting those advances, is there anything that I can do?
A: Yes. This is called "Quid Pro Quo" sexual harassment and is strictly prohibited by the NJLAD.
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Q: Is sexual harassment limited to situations where an employer makes unwanted sexual advances towards an employee?
A: No. If your employer:
- treats you and/or other employees of your gender in a degrading or demeaning way, or...
- subjects you or them to inappropriate jokes, comments, and/or gestures, you may have a right to sue your employer for sexual harassment under the NJLAD.
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Q: What if the individual harassing me is a co-worker?
A: In certain circumstances, you may have a cause of action against your employer and/or a co-worker if the co-worker sexually harasses you and your employer fails to remedy the situation. Where the harasser is your supervisor, or where there is no written and well-disseminated policy on sexual harassment in the work place, it is not always required that you have reported the harassment to your employer in order to maintain a cause of action for sexual harassment. These determinations are fact-specific and should be discussed with an attorney.
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Q: Do I have a claim for sexual harassment if the harasser is of the same gender as I am?
A: Yes. If an employer and/or co-worker sexually harass(es) you, you may have a cause of action even if your harasser is of the same gender as you are. This is true regardless of the harasser's sexual orientation.
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Q: What if the individual harassing me is a co-worker?
A: In certain circumstances, you may have a cause of action against your employer and/or a co-worker if the co-worker sexually harasses you and your employer fails to remedy the situation. Where the harasser is your supervisor, or where there is no written and well-disseminated policy on sexual harassment in the work place, it is not always required that you have reported the harassment to your employer in order to maintain a cause of action for sexual harassment. These determinations are fact-specific and should be discussed with an attorney.
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