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Jersey City Personal Injury Law Blog

Why are workers' compensation claims denied?

If you've been hurt at work, you likely know that you need to file for workers' compensation. You make a claim through your employer in most cases, and then the workers' compensation insurer reviews your case. In some cases, the claim is denied, even though you have a legitimate injury. Why is that, and what can you do?

If you wait too long to file, you could have your claim denied. Typically, you have no more than 90 days to file your first claim for an injury. If you wait longer than that, the insurance company may deny your claim stating that the injury may not be related to your workplace accident.

You can claim workers' comp for repetitive strain injuries

Authorities often express their concerns about employers who prioritize profits over employee safety. Business owners sometimes resist spending money to address safety hazards because compliance with some regulations may require high initial expenses. Unfortunately, this is a misperception. Safe workplace environments in which there are limited chances of injuries can avoid the costs of lost hours and workers' compensation claims that will lead to increased insurance premiums.

Saying sober can save lives in New Jersey

The New Jersey attorney general has issued an important statement regarding times when there are increases in traffic and the potential for additional drunk drivers on the roads. While New Year's Eve and Day are over now, that doesn't mean that these tips should be ignored until next year. In fact, traveling safely is important every day, no matter where you are or what you're doing.

During 2015, there were over 1,700 DWI arrests made over the New Year's holiday time frame. Across the country, 10,265 people were killed in alcohol-impaired traffic accidents that year, too. This year, New Jersey aimed to bring that number down and released important information on ways you can stay safe.

Does workers' compensation cover post-traumatic stress disorder?

Post-traumatic stress disorder is a serious mental illness that needs to be addressed. If you have PTSD from a job that you performed, can you get workers' compensation? The answer may be yes, depending on the circumstances.

The Nebraska Department of Veterans Affairs estimated that 7.8 percent of people will experience PTSD during their lives. This disorder makes it difficult to go to a job or earn a wage. Fortunately, the workers' compensation system is designed to help those who are suffering from PTSD while they recover.

Yes, bars and restaurants can be liable for drunks and hazards

One common liability complaint that bars and restaurants face is when a customer has gotten drunk and then left the building, getting behind the wheel of a vehicle. The person may then face a DUI if stopped by police, but the liability claims are most common when the person gets into an accident with another party.

In 2013 alone, there were 10,076 fatalities caused by drivers who had a blood alcohol concentration of 0.08 or higher, and many had been drinking out at bars or restaurants before they were involved in the accident. A victim or his or her family may claim that the restaurant or bar should have been aware of the level of intoxication the person was under, especially if the driver admits to drinking at the location beforehand.

What can you do to prevent skidding on wet pavement?

Winter is here, but snow and ice aren't the only conditions you should look out for. Wet driving conditions can be just as dangerous, and they pose a higher risk when cold temperatures are added to the mix.

Wet pavement alone leads to around 1.2 million traffic crashes a year. That's without considering the potential for ice on the roads or snow or sleet that could cover your vehicle or make it hard to drive. So, what can you do to stay safer and prevent an accident?

Holidays can be a dangerous time of year on the roads

The holidays are one of the most dangerous times on the roads; people are traveling all over and coming in from places around the United States. During the Christmas period, it's not uncommon for the number of drunk driving accidents to rise. This means there's a higher risk of suffering an injury or being killed in a tragic, fatal accident.

The winter poses some other issues that make driving difficult, too. Some areas may receive snow or have freezing temperatures that lead to ice, while others may have heavy rains or high winds. As the weather conditions change, drivers need to be aware and take steps to prepare themselves.

I fell on ice at work. Who is responsible?

The holiday season has officially started, and as anyone who lives in northern New Jersey knows, winter weather is often not far behind. That means cold temperatures, snow and ice. Employers should be prepared for winter weather and start implementing a plan that will keep you and your coworkers safe from slips and falls caused by winter precipitation.

If you suffered serious injuries in a slip and fall on ice or snow at work, you might be eligible for workers' compensation benefits. However, is there someone else who might be responsible for your injuries? The answer is maybe.

Worker killed after falling from forklift pallet

Forklift accidents are fairly common in industrial and construction situations, but there are many cases where they could be avoided. For example, if the forklift is inspected at the beginning of each shift, it would be easy to tell if it was being worn down or if rust had eaten through any important parts. Taking just a little time to review the state of the equipment can make a huge difference in how the machinery works and can save lives.

A worker fell from the end of a forklift in Pequannock, according to a report from Nov. 22, resulting in his death. The 21-year-old man had been standing on a wooden pallet on a forklift when the fork end detached due to an apparent mechanical failure. That resulted in the man falling 20 to 30 feet at the construction zone as he was being lowered by the forklift operator.

Dangers on the roads can lead to pedestrian injuries and deaths

A dangerous crosswalk or pathway can lead to situations where pedestrians are not seen as easily as they should be. That means that drivers are more likely to hit them, causing serious accidents and injuries.

For people who are older, traversing a crosswalk can be harder. Some only give you a few seconds to cross, which isn't enough time for those who might have to walk slowly with a cane or limp. In other cases, drivers might not obey the rule that they should wait for pedestrians to cross completely out of the crosswalk before entering it. A person making a right-hand turn might have the right of way, but if the crosswalk signal says walk, it's actually the pedestrian who has the true right of way in the scenario.

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