Jersey City Personal Injury Law Blog

The Uninsured Employer's Fund and Workers' Compensation

What happens if your employer has failed to get the workers' compensation coverage he or she was meant to have on hand in case an employee was injured? You may think you're going to need to sue your employer, but there may be other options to get the money you need.

For instance, did you know there is an office that works with situations like this in New Jersey? Aptly named the Office of Special Compensation Funds, the office enforces laws requiring employers to carry insurance coverage at the workplace. If the employer doesn't have the insurance, this office works to make sure he or she gets it.

How serious are pedestrian accidents in the U.S.?

Pedestrian safety is something everyone needs to consider when on the roads. As unfortunate as it is, drivers who are distracted or under the influence when driving have a higher risk of injuring pedestrians, and that puts lives at risk. The Centers for Disease Control and Prevention keeps tabs on pedestrian accidents in the United States each year, and with the most recent update covering the year 2012, you can see how pedestrian accidents impact the country.

For example, in 2012, there were 4,743 pedestrians killed in traffic accidents in the U.S. While that may only represent a small town's worth of people in a country with thousands more, the fatalities only represent some of the people impacted by these incidents. In the same year, 76,000 people were injured in pedestrian accidents, and thousands of others faced the stress and anxiety of knowing a loved one, friend, or family member was hurt or killed in an accident.

Get the compensation you deserve after your work accident

New Jersey has high-speed highways and beautiful beaches with residential roads and busy boardwalks, and all of these areas need to be repaired every now and again. Construction teams are usually called to the scene to repair potholes, bridges, buildings, structures and other issues, so everyone else can enjoy visiting and living in the state.

What happens when a repair goes wrong? A worker could be badly injured or even killed. Construction workers tend to work in dangerous environments, like along a busy highway, and this can put them in danger. Getting hurt while at work can mean an end to your career or weeks to months of rehabilitation.

1 killed, 1 injured when random tire hits Audi on I-80

The condition of a person's car has a lot to do with how well it drives. Sometimes, manufacturer's defects, maintenance problems or faulty repairs can result in accidents, too. When a tire comes off a car, for instance, and strikes yours, it could cause an accident that hurts you or others.

That's what has happened in this case out of New Jersey. According to the story, a 77-year-old man was driving on I-80 when a stray tire flew off another person's vehicle and hit his. The 77-year-old man's Audi crashed into two other vehicles after the impact, one of which was a Ford F-350 with a trainer and the other a Mercedes. The car continued out of control until it struck a guardrail and came to a stop in the roadway.

Pedalcyclist-car crash fatalities rise in the United States

As a pedestrian riding your bike in New Jersey, you have every right to use the roadways the same as any other person in a vehicle as long as you obey the traffic laws. You are legally allowed to be on the roads, and other drivers need to be aware that you're going to be there. They shouldn't be trying to pass too closely to you, and you shouldn't have to worry about getting hit by someone who isn't paying attention.

Sadly, there are many pedalcyclists who are killed each year in motor vehicle crashes. Their deaths account for around 2 percent of all the fatalities that take place on the roads, showing that their numbers aren't insignificant.

How do you resolve a dispute over your work accident?

If you've been hurt at work in New Jersey, you likely need to file a claim to receive your workers' compensation payments. Interestingly, while you may want to report your incident and believe it's related to your job, your employer is able to contest that fact. When this happens, you may need to take your dispute to a hearing with the Division of Workers' Compensation.

Once the case is filed with the Division of Workers' Compensation, you'll need to go to an informal hearing where the claim will be discussed. Issues that could come up may include things like where your illness or accident took place, how the illness or accident relates to your job and what kind of medical treatment you needed. The type of benefits you will need may also be discussed.

1 seriously injured in pedestrian accident in New Jersey

Any time you walk outside near a roadway, you could be at risk of being struck by a vehicle. There's only so much you can do as a person to avoid these accidents; you can use a crosswalk, look both ways or even walk in a buddy system, but if the driver in question isn't paying attention or is being negligent, you may still be hit.

In most cases of pedestrian accidents, the driver will stop to help at the scene. No one really wants someone else to get hurt, so this is what should happen. In this case out of Stillwater, New Jersey, a young man didn't stop. The 19-year-old was arrested due to admitting he was driving the vehicle involved in a hit-and-run. The accident resulted in a pedestrian suffering serious injuries.

Facing a wrongful death after a motorcycle accident

Imagine driving your motorcycle with someone you care about riding with you. Suddenly, a car pulls out from a driveway, not bothering to look if anyone's coming. Now, you've both been seriously injured. If your loved one has died following an accident like this in New Jersey, it's possible you have a case for compensation due to his or her wrongful death.

It's true that nothing you do now will be able to bring the person you love back, but you can seek compensation for the care you or she had to receive and the wages you've lost due to this situation. Compensation can provide a way to reduce stress while you go through rehabilitation or while you focus on funeral arrangements.

How does workers' compensation work in New Jersey?

In New Jersey, workers' compensation covers medical benefits, temporary total benefits and permanent and partial benefits. If a worker dies while on the job as a result of their employment, then workers' compensation also provides benefits to the workers' family.

Does it matter who's at fault for an accident? No. An employee who gets hurt at work receives benefits no matter who was at fault. The benefits do restrict the worker's right to a civil action lawsuit, however, so he won't be able to seek pain and suffering against the employer if he takes workers' compensation. Intentional acts that put the employee at risk are not included in that rule. For instance, if your employer pushes you down a flight of stairs, you would be entitled to a civil lawsuit and compensation through workers' compensation.

Drowsy driving in New Jersey: It is a problem

You've been victimized by a negligent driver in New Jersey, and now you have a question. If he wasn't drunk, didn't spend time looking at his phone and wasn't speeding, can you hold him accountable for his negligence? If he was sleep deprived, the answer is probably yes.

Drowsy driving is a term that describes when a person is tired and behind the wheel. In the latest report about drowsy driving from the U.S. Department of Transportation, it was shown that drowsy driving was involved in between 2.2 and 2.6 percent of total fatal crashes annually across the country. While the number of fatalities drops over the course of the research period between 2005 and 2009, the safety report was able to show that drowsy driving did remain consistently involved in crashes.

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