In the state of New Jersey, driving while intoxicated (DWI) or driving under the influence (DUI) are regarded as serious traffic offenses. All DWI or DUI violations incurred in the state of New Jersey are heard in the Municipal Court of the city in which the DWI/DUI offense allegedly took place. At the time of your hearing it’s in your best interest to be represented by a New Jersey DUI attorney who can successfully defend your rights.

Below is a table of mandatory fines and penalties for DWI/DUI:

To discuss possible defenses and/or a trial strategy for your particular case, contact your DUI lawyer in New Jersey, Dan T. Matrafajlo, for a free case evaluation.

If you’ve been involved in an automobile accident with a truck the limitation on lawsuit provisions in New Jersey Law (N.J.S.A. 39:6A-8) may not apply. For our purposes, a truck is defined as any commercial automobile, including but not limited to: tractor trailer, contractor van/pick-up, company vehicle, etc.

The basic automobile insurance policy imposes a verbal threshold or lawsuit limitation. Under this automobile insurance policy, suits for pain and suffering are prohibited unless an injury results in:

1. Death.
2. Dismemberment.
3. Significant disfigurement or scarring.
4. Loss of a fetus. 
5. Displaced fractures.
6. A permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. An injury is considered permanent when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment. N.J.S.A. 39:6A-8.

This limitation in filing a lawsuit to recover monetary damages does not apply if the automobile accident involves a commercial vehicle/truck, or you opted out of this limitation at the time you purchased your private, automobile-insurance policy. You may need a New Jersey truck accident attorney in New Jersey to learn if you’re an exception.

If you’ve been involved in an accident involving a commercial vehicle or truck you may be entitled to monetary compensation despite sustaining bodily injuries that are non-permanent in nature.

To determine if this exclusion pertains to your individual case, contact truck accident lawyer Dan T. Matrafajlo for a free case analysis.

You may be entitled to monetary damages if you’ve been injured in a slip-and-fall accident. A slip-and-fall accident occurs when a property owner caused or allowed a dangerous condition to exist on their property and that dangerous condition caused an individual to trip and fall. Contact a slip-and-fall lawyer in New Jersey, like Dan T. Matrafajlo, to learn if your case is entitled to monetary damages.

The main types of slip and fall accidents that result in monetary damages are:

1. Slip and Fall - a dangerous condition exists on a ground surface, such as wet floor, that causes an individual to slip and fall.
2. Stump and Fall - a protrusion from the ground or floor that causes an individual to fall.
3. Trip and Fall - an object left behind that causes a person to trip and fall.

Contact New Jersey slip and fall injury attorney, Dan T. Matrafajlo for a free case assessment.

 It’s the objective of most insurance companies to maximize profits and reduce expenses. In other words, it’s an incentive for the insurance company to pay you as little as possible, even if that means prematurely ending necessary medical treatment.

Thankfully, the laws of the state of New Jersey are designed to protect your rights. New Jersey provides No-Fault insurance coverage to all injured parties involved in an automobile accident. This is a prompt source of recovery for medical losses sustained in an auto accident.

Are you still entitled to recover for pain and suffering if you hold some fault in the auto accident?

In some cases, YES! The Comparative Negligence Act, adopted in 1973, provides recovery to a negligent plaintiff, but merely diminishes plaintiff’s recovery by the percentage of his or her own negligence as long as it was less than that of the defendant.

For a free case evaluation, contact New Jersey auto accident attorney, Dan T. Matrafajlo TODAY.

Have you been injured in a Car Accident? You may have a Lawsuit!

A car accident claim typically involves many different legal issues. How these issues are resolved will depend on the facts of your particular case and the evidence that is available to prove your case. In order to determine if there is evidence in your case sufficient to prove each of the required legal elements of auto accident personal injury claim, your New Jersey auto accident attorney will need you to answer and provide adequate information to several questions on the following case evaluation checklist.

1. Have you had any contact with other attorneys regarding your car accident claim?

    

   You will need inform your New Jersey auto accident attorney if you have consulted with any other attorneys prior to hiring him and if any of those attorneys have declined your case and for what reason(s). In general, attorneys do not like to accept cases where the individual is shopping around.
    

2. What is the source of your referral, if you have been referred to your New Jersey auto accident attorney by his own clients?

    

3. Do you have insurance?

    

   If you do not have insurance, then it is even more important for your financial well-being to build a strong case to ensure a successful outcome.
    

4. Have you had any contact with any insurance companies?

    

   This is extremely important because if you did not report the accident to your own insurance company in a timely manner, you may have a hard time recovering from them. Your New Jersey auto accident attorney will want to know the reason why failed to give prompt notice to your insurance company.
    

5. Have you had any contact with an insurance adjuster?

    

   If you have been contacted by an insurance adjuster, you will need to provide the adjuster’s contact information.
    

6. Which doctors and medical professionals have you visited with regards to the personal injuries that you have suffered from the car accident?

    

   You need to provide all pertinent medical information to your New Jersey auto accident attorney, including the doctors you have visited, if you went to the emergency room, your diagnosis, any x-rays taken, if you have visited a chiropractor, and so forth.
    

7. Did you take any pictures of the accident or your injuries?

    

   Your New Jersey auto accident attorney will also need a copy of any pictures that you have taken of your property damage or your personal injuries.

Have you been injured in an auto accident? New Jersey auto accident attorney Dan T. Matrafajlo has the experience needed with the insurance companies, doctors and courts to get the best possible settlement for your case.  Contact us today at 908-248-4404 for a free consultation.  There are no fees until we win your case!

Additionally, once the attorney has heard what a witness’ testimony will be for trial, it will virtually “freeze” that testimony, locking the witness into one set of facts that cannot be changed later at trial. If the witness does try to change his or her testimony, a skilled New Jersey car accident lawyer can use the transcript from the deposition to impeach that witness.

Depositions can also be used to get admissions from a witness. “Admissions,” as used when discussing a deposition, can be any fact that an attorney gets from a witness that will weaken the witness’ story and boost the plaintiff’s. Moreover, a New Jersey car accident lawyer might also find it helpful to use the deposition as a way to authenticate certain documents before the actual trial.

Oftentimes, a deposition will also be used to support several types of motions, because deposition testimony is far more convincing than affidavits since the witness will be subject to cross-examination by the opposing attorney.

If you are preparing for a deposition and would like to learn more about how it will be used in your case, you should speak with a competent New Jersey car accident lawyer who can provide you with the information that you need. Please call Dan Matrafajlo at (908) 248-4404 for a free consultation.

For instance, with regard to possibly settling your case outside of the courtroom, your attorney should have a date in mind that he or she will give an initial demand or offer letter to the opposing side.  Your lawyer will also determine whether or not to use the services of a mediator to help facilitate the negotiations, and if one is used, the lawyer will make all necessary arrangements accordingly.  

Additionally, if your case does go to trial, your New Jersey car accident lawyer will make decisions with respect to both lay and expert witness selection, and he or she will need to prepare exhibits for trial, check with the court regarding access to certain technology that may be needed to display certain exhibits and evidence at trial, and complete all video depositions of those who cannot attend the trial.

Furthermore, your attorney will handle all sorts of discovery issues, which include but are not limited to drafting and serving requests for production of documents, interrogatories, and requests for admissions on all adverse parties; conducting inspections of the accident scene; gathering and reviewing reports from adverse experts; and responding to written discovery from adverse parties.

If you are facing a court battle with a person or entity that has caused your injuries, you will need the skills of a highly-qualified New Jersey car accident lawyer who will not only handle the above-mentioned tasks, but will also properly prepare you for the entire process in general.  If you believe that you would benefit from having these services, please call Dan Matrafajlo at (908) 248-4404 for a free consultation as soon as possible.

Dan T. Matrafajlo, Attorney at Law
438 Davidson Mill Road
North Brunswick, NJ 08902 
(732) 723-8840
 

If you’ve been injured due to the negligence of another, call New Jersey personal injury lawyer, Dan T. Matrafajlo, for a free case analysis. Dan T. Matrafajlo is an experienced attorney regularly representing individuals involved in all types of car accident cases throughout central New Jersey.

As a car accident and workers’ compensation attorney, Dan T. Matrafajlo’s legal practice concentrates on the following areas:

• Car Accidents
• Truck Accidents
• Slip & Fall
• Workers’ Compensation
• DWI/DUI
• Traffic Offenses

Dan T. Matrafajlo, Attorney at Law
One Gateway Center, Suite 2600
Newark NJ 07102
(862) 235-4050
 

If you’ve been injured due to the negligence of another, call New Jersey personal injury lawyer Dan T. Matrafajlo for a free case analysis. Dan T. Matrafajlo is an experienced attorney regularly representing individuals involved in all types of car accident cases throughout central New Jersey.

As a car accident and workers’ compensation attorney, Dan T. Matrafajlo’s legal practice concentrates on the following areas:

• Car Accidents
• Truck Accidents
• Slip & Fall
• Workers’ Compensation
• DWI/DUI
• Traffic Offenses

Your New Jersey car accident attorney will tell you that the insurer’s denial letter can often be the key to uncovering a wrongfully denied claim because there will generally be quite a few signs contained therein that might demonstrate that the denial was improper.  Some of the indicators of a wrongfully denied claim include the insurer’s failure to refer to specific provisions of the insurance policy in its denial; the insurer quotes language that is supposedly in the policy to support its denial, however, the quoted language doesn’t exist therein; the insurer neglects to state the claim-related facts in its denial of coverage; and the insurer fails or refuses to give the policyholder a copy of the policies under which it is basing its denial.   

There are also other signs that your claim has been wrongfully denied, and those involve the insurer’s attempt to reserve the right to add on more policy defenses ever after the claim has been denied; the insurer makes reference to policy exclusions or conditions that are completely irrelevant to the claim; and the insurer continues to request additional information, even though it has denied it.   

If you believe that you have a wrongfully denied claim, you will need to employ the services of a skilled and knowledgeable New Jersey car accident attorney who will work hard to help you deal with the insurer and get the compensation to which you’re entitled.  Don’t go it alone – please call Dan Matrafajlo at (908) 248-4404 for a free consultation today.

There are a variety of ways you can pay these bills. If you are in a situation where you must pay your bills off immediately, you should consult your Newark car accident attorney about the best course of action, and he will probably recommend one of the following options.

One possible source of immediate relief is your personal insurance. This includes insurance that you purchased personally or are receiving from your employer. You may even have some medical coverage from your automobile insurance (depending on your policy).

Also, you should check whether or not you are covered by anyone else’s insurance. Depending on your age and circumstances, you might be covered by your parents’ or your spouse’s insurance. You might also be able to seek relief from workers’ compensation if your accident occurred while you were working.

Finally, there is always the option of paying for your expenses out-of-pocket.

Before you start paying off your bills, discuss your options with your personal injury attorney and listen to his recommendations. Keep in mind that making concurrent claims with other insurance companies may affect your current case.

An experienced Newark car accident attorney will be familiar with all parts of the claims process, and his expertise can benefit you even outside the courtroom. To schedule a free initial consultation with Dan Matrafajlo, simply call (908) 248-4404.

The majority of workers in the construction industry regularly work on scaffolds. Accordingly, protecting these employees from scaffold-related mishaps would avert thousands of injuries and many deaths every year. Construction sites in general are unsafe places, particularly since there is always heavy equipment surrounding the workers. Further, you have people and supplies constantly coming on the site and leaving from the site. Also, employees are often required to work at a variety of heights on a regular basis.
On construction sites, danger lurks around practically every corner. However, those people who work on scaffolds are at a much higher risk of experiencing a debilitating injury due to the sheer height at which they work and can potentially fall from. If you have suffered an injury while working on a scaffold, it may be wise to seek the services and advice of a skilled New Jersey workers’ compensation lawyer who can discuss your options with you.
There are numerous factors that can lead to serious scaffolding injuries, some of which include improperly constructed scaffolding; defective scaffolding parts or design; the failure of the support mechanisms to work properly; slick or wet scaffolding surfaces; a lack of adequate safety training; improperly installed scaffolding and failure to use supplied or required safety equipment.

Scaffold equipment is quite often used in constructing, painting and repairing buildings, window washing and a number of other tasks that require workers to work outside the building. Moreover, structural defects can cause the scaffolding to detach or tilt such that a worker can lose his or her balance and fall. And even if the worker does not fall, when the scaffolding tips over, the materials that are loaded on them, such as bricks and buckets, can fall off and cause serious or even fatal injuries to employees and innocent bystanders who may be standing below.

Since scaffolds are so dangerous, they are subjected to rigorous municipal regulations, and specific safety procedures must be in place before any work requiring scaffolding starts.  If you need a New Jersey workers’ compensation lawyer, please call Dan Matrafajlo for a free consultation.

As one might expect, machine operators can suffer a variety of workplace injuries, including deep cuts, amputations, de-gloving or other severe injuries from operating machinery that lacks proper guarding.  There are devices for machinery known as machine guards that are made to protect workers from possible injury; and it is an employer’s responsibility to ensure that his or her employees are properly safeguarded from such potential injuries.

The value of machine guarding has been known since the end of the 19th century when the first patent for an interlocking guard was given for a power press.  Nowadays, there are a wide variety of protective devices, such as movable interlocking guards, fixed barrier guards and light curtains and sensors that can pick up on the entry of hands or fingers.  
Sadly, according to the Occupational Safety & Health Administration (OSHA), there are still machines in a large number of workplaces that remain totally or improperly guarded.  Despite the fact that the law requires employers to provide a workplace that is free from any recognized hazards, there are thousands of workers who lose limbs and experience lacerations and crushing injuries on an annual basis. Additionally, unsafe equipment also kills hundreds of people per year. If you have suffered an injury on the job because of unsafe machinery, you may want to consider hiring a knowledgeable New Jersey workers’ compensation lawyer for assistance.

Undoubtedly, moving machine parts can cause severe injuries. Thus, safeguards are crucial to protect workers from those injuries that are preventable. Once you have hired an attorney, he or she should advise you that whenever the operation of a machine can hurt its operator or anyone else in the vicinity, the hazard must be either removed or designed out of the product. If it is impossible to redesign the product or remove the hazard, the hazard must be guarded against and a warning must be given so that people will have an opportunity to avoid it.

Cases that entail serious injury because of improper guarding often involve circumstances in which a product actually had a defectively-designed guard that was detached, thus subjecting the operator to serious injury. However, a learned New Jersey workers’ compensation lawyer will tell you that if the machine’s manufacturer could have and should have reasonably anticipated that the guard would be removed, its removal will not protect the manufacturer from liability.  If you need a New Jersey workers’ compensation lawyer, please call Dan Matrafajlo for a free consultation.

Agriculture is one of the most hazardous industries in the U.S. Every year, more than 2 million people under 20 years old are exposed to farm-related hazards. As a result, many young people are killed or injured working in U.S. agriculture. If you’ve been injured on the job, contact New Jersey workers’ compensation attorney Dan Matrafajlo for advice about your particular situation.

Some of the more dangerous farm-related injuries occur due to:

Tractors. Tractors are involved in a high proportion of farm injuries and death due to roll-overs, run-overs, collisions, and exposure to moving parts. A tractor driver needs familiarity with driving and maturity to safely respond to dangerous conditions. Young workers (even those who have driver’s licenses) may not be experienced enough to safely operate tractors.

Machinery. Most farm accidents and fatalities involve machinery, such as getting hit by, run over, or entangled in machinery. Proper machine guarding and maintenance pursuant to manufacturer’s specification can help prevent accidents. A related hazard is hearing loss from exposure to loud farm machinery such as tractors, grain dryers, combines, chain saws, and grain grinders.

Falls. Falls are the most common type of accident in agriculture. Falls often result in serious injury or death. Falls of just 12 feet can be fatal. Many falls occur because of slips and trips and can be avoided by wearing proper shoes and following safe work procedures.

Chemicals. Pesticides can be dangerous if you are working in fields that have been treated or sprayed with them or when handling and applying them. Pesticides can enter your body in several ways, including simple contact through skin and clothes, breathing chemicals in mist, dust, fumes, or smoke, and poisoning by not washing hands before eating.

Exposure. Young farm workers are exposed to many environmental hazards that are potentially harmful to their health. Farmers and farm workers suffer from increased rates of respiratory diseases, skin disorders, certain cancers, chemical toxicity, and heat-related illnesses.

Body Strain. Repetitive prolonged reaching, bending, and lifting can lead to back strains and sprains.

If you’ve been injured at work, New Jersey workers’ compensation attorney Dan Matrafajlo may be able to help. Call today for a case evaluation.

If you work in the construction industry, you are probably aware of the acute dangers of falling from high heights. Falls are the foremost cause of deaths in the construction industry and lead to countless more preventable injuries on the job. Around 300 workers die each year from fatal falls, and the trend is on the rise. If you are concerned your workplace is practicing unsafe working conditions and that a preventable injury might occur on the job, a New Jersey workers’ compensation attorney might be able to answer your questions and tell you if you are eligible to collect workers’ compensation.

One common source of falls is due to unprotected sides and wall openings. These gaps are common during construction projects, but they can be protected against. Employers can help protect employees by installing guardrail systems, safety net systems, or personal fall arrest systems wherever employees are exposed to a fall of 6 or more feet. They should ensure that new holes are covered or guarded as soon as they are created, and that covers are able to support two times the weight of employees or equipment that are likely to come across it at any one time. In general, employers should try to use fall prevention systems, such as guardrails, rather than fall protection systems, which are not as reliable.

Another common source of danger on the construction site is due to exposed steel reinforcing bars pointing upward. Even stumbling into one at ground level can cause impaling, resulting in painful injuries and possibly death. Employers should make sure to guard all protruding rebar ends with rebar caps or wooden troughs, or they should bend rebars such that they are no longer pointed upright. Not all rebar caps are sufficient, however. Steel-reinforced rebar caps are recommended, as opposed to caps susceptible to penetration from a strong enough fall, that breaks through the cap and still impales the falling object (or worker). Another method is to secure a 2×4 on top of the row of exposed rebar.

If you have further questions about whether your workplace is safe and compliant with local workplace regulations, contact New Jersey workers’ compensation attorney Dan Matrafajlo for a free consultation.

Grocery Warehousing: Packaging

Unbeknownst to a lot of people, the workers who handle and carry grocery-related products at the warehouse level are at risk of suffering injuries or developing a variety of illnesses. If you work in a grocery store or warehouse, you may already be aware of the fact that you are at risk of developing anything from disc injuries and muscle strains to carpal tunnel and tendonitis. However, there are ways to avoid some of these hazards if you and your employer follow some of the guiding principles in ergonomics. A competent New Jersey workers’ compensation lawyer can further advise you with respect to the particulars of your on-the-job injuries.   

One of the first things that you can do to help avoid injury is to, where possible, ask your employer to work with suppliers to get packages that are made up of smaller, lighter containers.  If you can accomplish this, it will help you avoid having to carry loads that tend to weigh upwards of 100 pounds. Additionally, when you are required to work with heavier items, you can seek to get better access to storage racks and transport devices so that you do not have to bend at the waist as much.

Furthermore, you can suggest to your employer that they work with suppliers to ensure that shipping containers (such as the boxes, buckets, and bags that the goods come in) are strong enough such that they won’t accidentally break, tear, or pull apart while you and the other workers are lifting them.

Most grocery warehouses utilize pallets for the goods that stock the grocery stores. Thus, another way to avoid injury when loading those pallets is to place the lighter products at the center of the pallet and the heavier ones on the outer edges to guarantee easier access when lifting those heavier items. You can also ask your employer to request lighter plastic pallets from suppliers.   

You may also want to suggest to your employer to encourage suppliers to include slip sheets in between the layers of plastic packages. Doing so will reduce the stress on your hands, arms, shoulders, and back. Moreover, the use of an automatic plastic wrapping machine with the palletized product that sits on a turntable will decrease the possibility of you and your fellow workers having to bend at the waist to wrap the pallets. And when you are required to manually wrap pallets, the use of light rolls with handles will reduce the risk of cuts.  

If you need a New Jersey workers’ compensation lawyer, please call Dan Matrafajlo at (908) 248-4404 for a free consultation.

New Jersey Workers’ Compensation Lawyer Discusses Noise as a Workplace Hazard

When people think about workplace hazards, they rarely consider the noise. Noise-induced hearing loss is among the most common occupational disabilities; yet, since its effects are invisible and slow to develop, this injury and its far reaching effects on the sufferer’s quality of life are often overlooked by employees, employers, and workers’ compensation insurance companies.

In order to understand the hazards posed by excessive noise levels, it is important to examine how the human ear actually works. Sound waves (vibrations in the air) travel into the ear canal and hit the ear drum (a thin piece of membrane that separates the outer ear from the middle ear).  The sound waves vibrate the eardrum, which is connected by a few small bones to cochlea, which converts the vibrations to nerve signals.

Immediately after being too close to an extremely loud noise, the victim suffers from acoustic trauma (injury to the cochlea). Acoustic trauma can temporarily result in partial or complete deafness. While the most of the victim’s hearing will return, acoustic trauma inevitably results in some permanent cochlear damage.

However, a lot of hearing damage doesn’t occur due to a single instance of acoustic trauma; rather, it is due to long term exposure to unsafe acoustic levels without adequate protection. Cochlear damage from repeated exposure to excessive noise levels can be harder to detect as hearing is lost very slowly over a long period of time.

There is also the danger of ultrasonics (high-frequency sound that cannot be heard by the human ear). This type of sound can damage a worker’s hearing without them even knowing. Common sources of ultrasonic sound include certain types of wielding equipment, as well as certain types of cleaning equipment used by jewelers and dentists.

Hearing loss can affect the sufferer’s life in many ways. However, permanent hearing loss can severely impair communication. Even relatively mild hearing loss (inability to hear above 2,000 Hertz) can impair a person’s ability to understand speech, which can affect the victim’s ability to work and socialize.  

An experienced New Jersey workers’ compensation lawyer can make sure that your workplace injuries are not overlooked, regardless of how they are perceived by your employer or your workers’ compensation insurance. Get the settlement you deserve. Call dedicated New Jersey workers’ compensation lawyer Dan Matrafajlo today to schedule a free initial consultation.

Compared to workers who use machinery and chemicals, many office workers do not think about the hazards they face in the workplace. Any New Jersey workers’ compensation attorney would advise you that workplace safety should never be neglected, even in jobs where the hazards are less dramatic.

Workplace hazards can take forms that you would never expect, including computers and even paper. Let’s examine these hazards and discuss how they can be mitigated.

Any employee who spends a large amount of his workday at a computer with bad posture is at risk of developing musculoskeletal disorders in his hands, shoulders, neck and back due to the repetitive motions associated with computer use. It can be difficult to claim workers’ comp for injuries like these, but a New Jersey workers’ compensation attorney can help.

This risk can be mitigated with just a few adjustments to the computer workstation.
First, arrange frequently used materials (pens, post-its, etc.) so that they can be reached without the elbows moving too far from the sides of the torso.  The chair should be adjustable and should support the legs and lower back. They should also have arm rests that support the elbows around where they would naturally hang at the sides. The monitor should be slightly below eye level, and should be useable without leaning forward, and the keyboard positioned so that the user can keep his wrists level while typing.

Carbonless paper, which is present in many checks receipts and forms, is also an oft-overlooked hazard. This paper contains dyes and resins that can cause irritation if absorbed through the skin or inhaled. The real danger, however, is in an allergic reaction, which while rare can still be dangerous. Symptoms to look out for include headaches, red-eyes, throat or sinus infections, and shortness of breath. If you experience these symptoms or any other injury, contact a New Jersey workers’ compensation attorney.

By far the best way to mitigate this hazard is making sure the workplace has adequate ventilation. If there are still problems, the employer may need to adjust the temperature or humidity of the workplace.

If you have been injured at the workplace and are having trouble making a workers’ compensation claim, make sure you have an experienced New Jersey workers’ compensation attorney on your side. Call Dan Matrafajlo today at (908) 248-4404 for a free consultation.

In the United States, thousands of workers are injured while operating forklifts, as any New Jersey workers’ compensation attorney can tell you. It is unfortunate that some of the main causes of forklift-related fatalities are workers being crushed by an overturned forklift or workers falling from loading dock areas. As a result, it is now an OSHA requirement that companies utilize forklift safety programs and training in an effort to reduce the number of forklift-related accidents in the workplace.

More specifically, OSHA requires that only persons over the age of 18 be allowed to operate a forklift, and those persons must be properly trained and certified.  Employers are required to keep all documentation related to the certification of each of their forklift operators.  

Additionally, OSHA requires that forklift inspections be done on a daily basis, both prior to and during the operation of the vehicle. Pre-operation inspections include the examination of the vehicle to look for leaks, cracks, or other any other visible defects, as well as to confirm fluid levels and look at the condition of the tires, the fork, the load backrest extension, the hand/finger guards, warning decals and safety labels, the location of the operator’s manual, and ensuring the functionality of all safety devices. Operational inspections look for issues with things such as steering, brakes, tilt controls, drive controls, lowering and hoist controls, attachment controls, lights, horns, and the back-up alarm. If you were injured while using a forklift that was not properly maintained, contact a New Jersey workers’ compensation attorney.

OSHA specifically identifies maintenance as a vital factor in safely operating a forklift. Accordingly, employers should immediately remove any vehicle that is not in safe operating condition, and they should keep a regular maintenance schedule of the vehicles in use in accordance with the manufacturer’s recommendations.

Under OSHA laws, forklift operators are required to follow very specific safety rules while operating and maneuvering the vehicle. These rules include specific ways to mount and dismount the vehicle, start and stop the vehicle, speed restrictions, and steer and change directions, as well as the proper ways to travel safely on inclines and park. OSHA also has standards with respect to the ways in which forklift operators should handle the picking up, transporting and stacking/unstacking of loads. If you are injured while using a forklift, contact a New Jersey workers’ compensation attorney.

It is also crucial that forklift operators and those working in the general area of a forklift wear all required protective gear and personal safety devices at all times. Whether it’s the use of a hard hat, safety shoes, or a face shield, do not take any chances–wear whatever is needed for your protection. And if you are the person who is operating the forklift, always remember to walk completely around the equipment before starting it. You should also inform any other employees and bystanders in the area that you are starting up and wait until everybody has cleared the immediate area of the forklift.  

If you have suffered a forklift-related injury in the workplace, please call New Jersey workers’ compensation attorney Dan Matrafajlo at (908) 248-4404 for a free consultation.

If you work in a hospital emergency room, there are several workers’ compensation-related issues you might not be aware of. Hospital Emergency Department workers face several types of workplace hazards and threats that could result in a workers’ compensation claim. An experienced New Jersey workers’ compensation attorney may be able to help you understand whether your workplace conditions are acceptably safe or whether you might have a case to bring a workers’ compensation claim.

Many hazards faced by emergency room workers are common to many types of workplaces but are potentially more prevalent or dangerous in the hospital. For example, ER workers are likely to be routinely exposed to some hazardous chemicals or unsafe drugs in the course of their work, especially when administering drugs or decontaminating patients. A workplace can try to mitigate these concerns by implementing a program to maximize employee safety and ensure effective and safe administration of drugs. If these safety measures are not implemented, a New Jersey workers’ compensation attorney may be able to help you recover for your injuries.

Emergency departments also present significant risks for slips, trips, and falls due to the fast-paced and emergency atmosphere in tight spaces. Water or other liquids spilled on the floor, cords stretched across corridors and blocked passageways due to equipment also present hazards. An employer should try to keep floors clean and dry and ensure that exists and doors are unobstructed at all times in order to prevent serious injuries.

One particular hazard faced by emergency department workers is the risk of contact with blood and bloodborne pathogens. Employers can mitigate these risks by ensuring that employees ensure employees wear corresponding personal protective equipment, such as gloves and face masks, to limit their exposure to blood or Other Potentially Infectious Material (OPIM). There should be clear policies in place to appropriately discard contaminated needles and sharp instruments as soon as possible after use, and it should be encouraged to treat all blood and OPIM as potentially infectious and handled as such. The Occupational Safety and Health Administration recommends that all a log be maintained of all needlestick and sharp injuries (while maintaining the confidentiality of the injured employees) and that employers provide any employee who reports an exposure incident with a confidential medical evaluation.

If you have further questions about hazards that might exist in your workplace, contact New Jersey workers’ compensation attorney Dan Matrafajlo at (908) 248-4404.

When a person gets injured while at work, it is not unusual for him or her to have questions about what needs to be done next and who needs to be contacted.  The following is a list of common questions and answers that can help you determine your next course of action, and if you have been involved in an accident while on the job, you should consider contacting a skilled NJ workers compensation lawyer.

What are my obligations if I am hurt at work?

As noted in New Jersey’s Workers Compensation Act, all employees are required to inform their employers of any injury that happens while at the workplace within 90 days of the incident.  Additionally, you should obtain and complete an accident report with your employer immediately.  

Who is responsible for paying my medical bills while I’m being treated for a work-related injury?

By law, whenever an employee is injured while at work, the employer is held responsible for all medical treatment that is associated with that injury; however, the employer is permitted to pick the doctor from whom the employee will receive treatment.  Doctors who are selected by your employer to treat work-related injuries are known as authorized doctors.  Consequently, it is imperative that you inform your employer of your injury and seek treatment from an authorized physician.  You should note that failure to get treatment from an authorized doctor might make you personally liable for all medical bills incurred from the work injury.  A knowledgeable NJ workers compensation lawyer can further advise you with respect to visiting authorized doctors.

How will I pay my bills while I’m out of work due to my work-related injury?

You will be entitled to receive temporary total disability benefits, as stated under the New Jersey Workers Compensation Act, for the time that you are out of work.   Temporary total disability benefits are approximately 70% of your gross weekly earnings and can be paid for up to 400 weeks.  Keep in mind, though, that in order for you to get these benefits, you must be receiving treatment from an authorized doctor and he or she must have placed you out of work.  Once the doctor determines that you can go back to work, the benefits will cease.   

What if my employer refuses to pay temporary benefits?  Is there anywhere else I can turn?  

Unfortunately, there are times in which employers decide on their own that the injured employee is not entitled to temporary total benefits because they believe that the injury sustained was not work-related or it was not serious enough to warrant such benefits.  If this happens, you should contact a NJ workers compensation lawyer for assistance.  Luckily for employees, they can also call the state’s Temporary Disability bureau.  Benefits that are received from the state typically start on the 8th consecutive day and can last for a maximum of 26 months.  

Cuts and lacerations make up about 10% of injuries in the poultry processing industry. If you’ve been injured at work, contact a New Jersey workers’ compensation lawyer for advice about your particular injury.

Cuts and lacerations are often caused by the following:

• The employer does not provide or the employee does not use personal protective equipment, such as cut-resistant gloves.
• Cut-resistant gloves offer protection, but do not completely remove the potential for cuts.
• The gloves are not appropriate for the job (e.g., the wrong size or type).

• Knives and scissors are not kept sharp.
• Knives and scissors are not maintained or stored properly.
• Knives and scissors are designed poorly.

• Workstations can’t be modified, so some employees work in uncomfortable positions.
• Employees work too close together resulting in cuts to nearby employees.
• Inadequate lighting.
• Improper cutting positions.
• Piecework payment that encourages employees to work quickly, rather than safely.
• Distractions, such as loud noises or music.

• Defective cutting machine guards.
• Improper use of cutting machines.
• Protective gloves can get caught in machinery and pull an employee’s hand into the machine.

Employers should take the following steps to reduce cuts and lacerations. If they do not, a New Jersey workers’ compensation lawyer may be able to help you get benefits.

• Schedule reviews of the work site to ensure personal protective equipment and other safety mechanisms are maintained and used properly.
• Investigate incidents and near-miss incidents.
• Put into operation a system for employees to notify management of potential hazards.

• Keep knives and scissors sharp and in good condition.
• Remove damaged knives from the work site.

• Provide and use cut-resistant gloves.
• Maintain gloves in good condition.
• Remove damaged gloves from the work site and replace them.

• Make sure work surfaces are at a suitable height for employees.
• Provide sufficient space around employees.

• Make sure machine guards are in place and are adjusted properly.

If you have been injured at a poultry processing plant or in any other workplace setting, you may be eligible for workers’ compensation benefits. Contact New Jersey workers’ compensation lawyer Dan Matrafajlo at (908) 248-4404 for a free evaluation of your case.

Workers in the electric power industry may be exposed to several significant hazards, such as electric shock, arc flashes, falls, and thermal burns that can cause severe injury and even death. If you’ve been injured on the job, contact New Jersey workers’ compensation attorney Dan Matrafajlo for advice about your particular situation.

The 269 Standard. OSHA Standard 29 CFR 1910.269 (the “269″ standard) sets forth requirements to ensure that qualified employees are knowledgeable in the construction, operation, and maintenance of electric power generation, transmission, or distribution equipment, along with the associated hazards.

Electric Shock. Because electric power work poses a serious electric shock hazard for workers, the “269″ standard contains additional requirements for CPR and first aid beyond the general requirements. The requirements apply when a person is exposed to 50 volts or more, which is the recognized level that may cause cardiac arrest or ventricular fibrillation.

Overhead Line Work. Overhead line work can create hazards. Important safety precautions include:

• Poles and towers must be structurally capable of withstanding the stresses that may be imposed when installing and removing equipment.
• Before anyone climbs a pole, it must be checked to ensure that it is safe to climb. One method is to “sound” the pole by striking it with a hammer to check for insect damage or decay.

If you are injured, a New Jersey workers’ compensation attorney may be able to help you get the benefits you deserve. However, you can try to prevent injury in the first place by using the following safety tips.

Grounds. Grounds protect workers if lines and equipment that were correctly de-energized become energized. Ground connections may be used to create equipotential conditions and provide protection by eliminating potentially hazardous voltage differences.

Personal Protective Equipment. Depending on the job, electrical workers often wear safety glasses, face shields, hard hats, safety shoes, insulating (rubber) gloves with leather protectors, insulating sleeves, and flame-resistant clothing.

Insulating Protective Equipment. This includes items such as:

• Insulating (rubber) line hose, blankets, and hoods.
• Insulating barriers made of fiberglass or phenolic resin.
• Live-line tools such as hotsticks, switchsticks, and shotgun sticks.

Underground Enclosed Spaces. These are manholes and vaults that contain operating transmission and distribution equipment. When a worker is in an underground enclosed space, an attendant trained in first aid, CPR, and rescue procedures is required to be above the hole and maintain communication with the worker below.
If you’ve been injured on the job, New Jersey workers’ compensation attorney Dan Matrafajlo may be able to help. Please call (908) 248-4404 for a case evaluation.

In addition, you should make sure to keep all of your medical appointments. Because the law requires that claimants to “mitigate their damages,” missing appointments can be used against you in court. If you must miss appointments try to call and let your doctor know ahead of time.
You should also be thinking about witnesses who could testify about your accident or about your injuries. This could include the driver or passenger of the car you were in and any known bystanders. Family members could also testify as to the effect of your injuries on your daily life.

Lastly, your Elizabeth car accident lawyer will need you to sign some release forms. The law stipulates that doctors cannot release your per sonal information without signed authorization. Your attorney will need this information to construct your case and negotiate with the insurance company.

With an experienced Elizabeth car accident lawyer on your side, you will not have to worry about too much while your case is being handled. Dan Matrafajlo is a dedicated car accident lawyer in the Elizabeth area who may be able to help you with your personal injury claim. For a free initial consultation, call (908) 248-4404.

Right after the insurance company is given notification of your claim, it will establish a file on you and your case. A claims manager or claims supervisor will assign your file to an insurance claims adjuster. As your claim progresses, it’s possible that the manager will switch adjusters.

The insurance claims adjuster who has been assigned to your file will communicate with your Rahway car accident lawyer and conduct an independent investigation of your claim. This is so that the insurance company will find out:

• Who was at fault;
• Whether you are partly or wholly responsible for your own injures (this is called comparative negligence or contributory negligence);
• Who the potential witnesses for your case are;
• Where the accident occurred; and
• What the police reports, Department of Motor Vehicle reports, and other investigative reports have to say about the accident.

The claims adjuster will then request medical and other reports on your injuries. The adjuster will examine documentation of your lost wages. The most important documents that the claims adjuster will view are your medical bills, hospital bills, prescription bills, therapy bills, and other actual expenses to treat your injury. Thus, it is crucial for you to maintain meticulous records of these matters. Your Rahway car accident lawyer can help you determine the best way to organize and maintain these records.

If you’ve been injured in an accident, get the legal help that you need from Dan Matrafajlo. The initial consultation is free; simply call (908) 248-4404 to schedule a meeting.

The adjuster likely does not want your case to proceed to litigation. It would require the insurance company to hire an expensive defense attorney, which may cost the insurer more in attorney’s fees than the amount requested in the claim in the end.

Furthermore, taking your case to court will keep it open longer than it needs to be, increasing the adjuster’s caseload. Often, adjusters already have heavy caseloads and are evaluated by their superiors based on how short their case turnover is.

The slowdown that inevitably results from litigating your case may have a negative impact on the adjuster’s performance evaluations, which can prevent him from getting raises and bonuses. This is especially true if your Linden car accident attorney needs to conduct extensive research into your case prior to trial.

You can counter the adjuster’s bluff to withdraw his offer by pointing out all of these facts to him. You can also have your Linden car accident attorney threaten to withdraw your demands in response—two can play that game, after all.

If you need a car accident attorney in the Linden area, contact Dan Matrafajlo at (908) 248-4404 for a free case evaluation.

First, if you are unable to provide valid identification, or you do not have a valid address, the claims representative may feel as though you are hiding something, and may launch a SIU investigation regarding your claim. In addition, if you were experiencing extreme financial distress prior to the accident, the claims representative may have a suspicion that the claim is in response to your financial conditions, and not in response to any injuries suffered due to the accident. Also, if inconsistencies exist between your lifestyle and the income you report on your claim, the claims representative may wonder what you are hiding and whether your claim is part of an elaborate scheme to defraud the insurance company.

If you have any questions about the meaning of fraud, or what an investigation by the SIU entails, ask your Roselle car accident lawyer as soon as possible. Lying on an insurance claim may cause you to forfeit your ability to recover damages for your injury.

For a free initial consultation with a car accident lawyer in the Roselle area, call Dan Matrafajlo at (908) 248-4404.

One such factor is the amount of time that passed between the accident and when you reported your injury. This may seem irrelevant to you, but it may be highly relevant to a jury. If a long time has passed, insurers will be skeptical about whether the accident really was responsible for your visit to the emergency room three days later or if there was something else that caused your injury.

Another factor considered by insurers is the medical records of the first caregiver you saw after the accident, particularly what is listed under the medical history. If no accident is mentioned in the history, or if your injury is attributed to a pre-existing condition, expect your Woodbridge car accident attorney to receive some questions from the insurer.

Additionally, insurers are on the lookout for “professional claimants” who have very long histories of filing insurance claims. If the insurer suspects this, they may arrange some surveillance or turn the case over to an anti-fraud unit. The best way to guard against this is to establish that prior injuries were to different parts of your body.

If you have more questions about how to deal with your insurance company, contact a Woodbridge car accident attorney. New Jersey injury attorney Dan Matrafajlo represents car accident victims in the Woodbridge area. Call (908) 248-4404 for a free initial consultation.

As such to make everyone’s life a little easier (and probably mine) I will attempt in this blog to break the elements of proof in establishing a dog bite case in our New Jersey court system.

The elements to establish a prima facia dog bite case are as follows:

1. That the defendant was the owner of the dog in question;  2.  The plaintiff was on or in a public place or lawfully on or in a private place, including the property of the defendant, and 3.  That the dog did bite the plaintiff while in such a place.

If you have been bitten by a dog in the State of New Jersey, give Danny Matrafajlo, Esq. a call for a free office consultation to discuss your rights.

When dealing with certain types of deliveries, you should make every effort to minimize the amount of torso bend that you have to endure. For instance, when handling large quantity loads, ask your employer to give you a four-wheeled platform-style cart or a two-wheeled hand truck that can change over to a four-wheel platform-style truck. Also, you should inquire about changing the present hand truck or ask if you can be given a new one that has the ability to adjust the height of the load platform or toe plate. If your employer doesn’t make these changes and you are injured, a New Jersey workers’ compensation attorney may be able to help you get benefits.

Additionally, when pushing items up an incline, you may want to consider asking your employer for a fold-down third wheel that can be placed on the back of the hand truck so that the load can be self supporting (as opposed to you having to bear the brunt of the weight). Utilizing the third wheel will ensure that you will only have to provide force in a horizontal direction.

You should note that poorly maintained hand trucks will significantly increase one’s physical stress. That said, you may want to suggest to your employer that you and the other employees be given the option to use a hand truck with hard wheels or balloon tires, either of which may be more beneficial, depending on the type of terrain you have to transport items over. 

If you need a skilled New Jersey workers’ compensation lawyer, please call Dan Matrafajlo at (908) 248-4404 for a free consultation.

N.J.S.A. 4:19‑16,  in its pertinent parts reads as follows:

“The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness.”

As readily apparent, New Jersey, unlike other states, does NOT follow the one free dog bite rule. Whereby, in New Jersey the owner of a dog is not provided a defense that his or her dog has never bite a person before.

If you been injured as a result of a dog bite, give Dan T. Matrafajlo, Esq. a call for a free office consultation to discuss your rights.

Long-duration lifting is of particular concern, since holding items for a long period of time puts strain on the back and shoulder and can deprive the muscles there of nutrients. Repetitive and frequent exertion of a particular muscle, such as by pulling wire, can create muscle fatigue that demands adequate recuperation. Employers can help prevent workplace injuries by providing stands or mechanical lifting devices to hold large awkward materials in place while fastening them, instead of having workers manually hold them in place for lengthy periods. Employers should also have employees take regular breaks and rests to allow their muscles time to recuperate and prevent fatigue. When employers don’t take these precautionary measures and workers are injured, New Jersey workers’ compensation attorneys may help the injured employee get benefits.

Another common problem is the lack of adequate handholds on heavy objects, forcing employees to bend down and lift objects away from the body. This increases the load on the back and spine. Workers should utilize proper handholds, such as handles or cut-out holes, and ensure they are big enough to accommodate gloved hands. Suction devices and personal protective equipment can also make lifting such objects easier.

If you have further questions about unsafe working conditions, contact New Jersey workers’ compensation attorney Dan Matrafajlo today at (908) 248-4404 for a free initial consultation.

Awkward postures are a primary source of long-term injuries. Bending, extending, or flexing various parts of the body in unusual ways instead of working in a straight or neutral position can lead to aggravation and musculoskeletal problems, as the increased exertion and muscle pressure compresses tendons and blood vessels. Workers should be careful to avoid bending the elbow beyond 90 degrees for prolonged periods of time, bending or twisting the torso to lift an object from low or high levels, bending the neck backwards or forward (especially when working on overhead surfaces), and extending and flexing the wrist to the side while using tools. Wrist bending is especially hazardous, as it puts stress on the tendons and tendon sheaths and forces them to rub against hard bones and ligaments, resulting in tendonitis or carpal tunnel syndrome. If you have symptoms of any of these disorders, contact a New Jersey workers’ compensation attorney.

Contact stress occurs from prolonged or repeated contact between hard or sharp objects and body tissue, such as the soft tissues of the fingers or palms. Creating frequent localized pressure in a small area of the body can inhibit blood flow, muscle function, and nerve function. This can happen by using tools with short handles that dig into the palm of the head or carrying hard items, such as ladders or conduit on the shoulder for prolonged periods, which can irritate the muscles and tendons. Measures workers can take to reduce the effects of contact stress include using: electric tools to minimize repetitive hand motions; tools with appropriately-sized handles that do not require wrist bending; and using cushioning or wrapping around handles and grips to spread out the contact area on the hand.

If you have further questions about safe working practices at the construction site, contact New Jersey workers’ compensation attorney Dan Matrafajlo at (908) 248-4404 for a free consultation.

Felling a tree means to cut the tree in such a way that it falls in the desired direction and causes the least amount of damage to the tree. Limbing is cutting branches off of felled or standing trees. Bucking is sawing felled trees into logs.

Dangers associated with logging are numerous. For example, moving felled trees to a landing area can present hazards from skidding or cable operations. Loading and unloading logs can cause injuries from the inadvertent release of logs and from the movement of the loader itself. Explosives used by loggers for clearing obstacles present an extreme hazard if improperly stored, transported, or used. In addition, logging operations are often far from any emergency medical care. Properly administered first aid can be a major factor in minimizing even life-threatening injuries. If you are injured, contact a New Jersey workers’ compensation lawyer.

General safe practice requirements for logging include the following:

• Workers must be well-spaced.
• Each worker’s duties must be defined so one worker’s actions do not create a hazard for any other worker.
• Dangers associated with electrical storms, strong winds, heavy rain or snow, cold, fog, fires, mudslides, and darkness must be addressed.
• Trees must be felled so that they do not fall into adjacent occupied work areas.
• Workers should not approach a feller or mechanical felling operation any closer than two tree-lengths of the trees being felled, until the feller or felling machine operator acknowledges that it is safe to do so.
• Felling must be done uphill from or on the same level as previously felled trees in order to limit the hazards associated with rolling or sliding logs or trees.
• Each worker at a logging work site must work in a position or location that is within visual or audible contact with another worker.
• The employer must account for each worker at the end of each shift.

If you’ve been injured on the job, contact experienced New Jersey workers’ compensation lawyer Dan Matrafajlo at (908) 248-4404 for a free initial consultation.

Where only workers’ compensation benefits and PIP benefits (automobile insurance) are available to the injured worker/employee, the primary burden is placed on workers’ compensation carrier as a matter of legislative policy by way of the collateral source rule of N.J.S.A. 39:6A-6.

As such, if an employee is injured in an automobile accident that employee’s medical benefits are paid by the employer’s workers’ compensation carrier and NOT that automobile insurance company. It should be noted, that if the employee was not at fault for the accident then the employee has a right to recover pain and suffering damages from the third-party. However, if the employee recovers money from the third-party tortfeasor then the employee must reimburse the workers’ compensation carrier. See, later blog for a more in-depth discussion.

If you have been in an auto accident resulting in injuries, give automobile and workplace accident attorney Dan T. Matrafajlo  for a free consultation to discuss your rights.

For the most part, computer work appears to be a low-effort activity, but maintaining the same posture and performing highly repetitive tasks for hours on end can lead to long-term problems in local areas of the body. The same motion performed uninterrupted for several hours, such as clicking a mouse, can expose the muscles and tendons in the hand to thousands of “activations” without rest. Similarly, sitting in the same position looking at your monitor for hours can create fatigue in the neck muscles and shoulders.

Employers can provide some variation in tasks and responsibilities to allow workers time to recover from the effects. They can accomplish this with adjustable workstations and adjustable furniture so workers can adjust their posture frequently. Employers should also encourage workers to take frequent micro breaks or short rest periods, during which they can stand, stretch, and walk around to allow the muscles time to recover.

If you have further questions about workers’ compensation and whether you might have suffered injury at your workplace, contact New Jersey workers’ compensation attorney Dan Matrafajlo at (908) 248-4404 for a free consultation.

Has social media impacted the practice of personal injury and/or workers’ compensation law in New Jersey?  The answer to that question is undeniably, YES! Let me explain, when an individual is involved in an automobile, and/or slip and fall accident in New Jersey and that individual wants to recover non-economic damages (i.e. money for pain and suffering) he or she must file a claim with an insurance company. For example, if you are involved in an auto accident you would file a claim for pain and suffering damages with the defendant’s insurance company. Your claim with the defendant’s insurance company is for money damages based on permanent injuries (for the most part especially if that individual has elected a verbal threshold automobile insurance policy). To establish permenant injuries an inviduial represents that he/she cannot do certain activies, such as lift weights, run, etc. 

The insurance companies have been using social media (i.e.Facebook, Myspace, Twitter, Linkedin) to refute such claims.  In other words, if you are claiming the auto accident prevents you from weight lifting then do not post a picture of you lifting weights and/or checking into a gym because rest assured defendant’s and/or employer’s insurance company is watching. 

If you have additional questions or concerns regarding social media and your case give Dan T. Matrafajlo a call for a free office consultation. 

Electrical work involves a great deal of moving materials around the worksite. Usually, there is a central staging area where supplies are kept and moved to other work areas. Thus, pushing, pulling and carrying are constant actions by electrical and construction workers. Workers should be careful to avoid awkward postures, such as reaching behind the body, bending to the site, or twisting when pushing and pulling materials. Employees should be encouraged to use transport devices, such as hand trucks and pallet jacks, that have appropriate handles in the “power zone” (mid-thigh to mid-chest) allowing for easy pushing. Pulling in general should be avoided, as it takes more effort than does pushing. Materials on a pallet or cart should not be stacked higher than eye level so that employees can see above them instead of having to twist and look around them. Wheeled transport devices are extremely useful, but care should be taken to ensure they are not used unsafely as well. Their wheels should be checked for unevenness and proper turning (that is, no wobbling).

If you have further questions about proper working conditions on the construction site, contact New Jersey workers’ compensation attorney Dan Matrafajlo today at (908) 248-4404 for a free initial consultation.

The Regus Group has a sophisticated sales team the promises certain monetary packages at deep discounts if “you just sign up.” However, it is all a scam!! Please review the fine print and my office provides free legal advice by reviewing the contract drafted by Regus’s–for FREE. In fact if you have been “scammed” by Regus Group, my office offers free legal advice and in most cases will represent you for free (based on New Jersey’s Consumer Fraud Act that reimburses us attorney fees).  

For the foregoing, if Regus group, found on the world wide web at http://www.regus.com/, has defraud you or proposes a Rental agreement for you to sign please call me for free legal advice. Dan T. Matrafajlo, Esq. is an attorney that provides consumer’s legal services for all New Jersey Consumer Fraud practices. 

One common hazard is due to the fact that employees are asked to place the heaviest units of a load on the bottom layer for stability. Placing boxes on the lowest level often requires employees to bend forward at the waist, which is the worst posture to use for heavy lifting. It can result in serious strain on the back. This can be mitigated by using equipment such as a forklift or adjustable pallet jack to raise the bottom level of the pallet off the ground and closer to the torso to minimize bending at the knees. This can also be accomplished by stacking several empty pallets to raise the height of the bottom load. In general, employers should try to educate employees about proper lifting techniques and about the hazards of bending at the waist while moving heavy material. The use of power equipment rather than manual equipment can also aid in this process.

If you are concerned your workplace is encouraging unsafe transporting techniques, contact New Jersey workers’ compensation attorney Dan Matrafajlo today at (908) 248-4404 for a free initial consultation.

• Keep your hands, wrists, and forearms straight and parallel to the floor, while bending your elbows between 90 and 120 degrees.
• Keep your head level or bent slightly forward, so that it is in line with your torso.
• Keep your shoulders relaxed and let your upper arms hang naturally beside your torso.
• Keep your feet fully supported on the floor or on a footrest.
• Especially important, keep your back supported with vertical lumbar support.
• Keep your knees at roughly the same height as your hips so that your knees are bent at about 90 degrees.

Even if you maintain this posture throughout the day, it is important to make small adjustments to it and perform routine stretches and walks to keep your muscles active.

If you have questions about injuries in the workplace due to bad posture, contact New Jersey workers’ compensation attorney Dan Matrafajlo.

According to N.J.S.A. 34:15-16, which reads, in pertinent part:

        “permanent disability, total or
         partial, shall not be determined or awarded
         until after 26 weeks from the date of the
         employee’s final active medical treatment,
         or until after 26 weeks from the date of the
         employee’s return to work, whichever is
         earlier, or, if no time is lost or no
         treatment    is    rendered,    then    permanent
         disability, total or partial, shall not be
         determined or awarded until after 26 weeks
         from the date of the accident…”

Given N.J.S.A. 34:15-16 as an attorney I am somewhat constrained to filing a claim petition seeking permanent benefits until 26 weeks has elapsed. Filing a claim petition for workers’ compensation benefits earlier may open you to attack at time of trial. See, Collette, v. South Jersey Transportation Authority, docket no., 1175-09T2 (decided Sept. 2010).

If you have any question or concerns regarding your worker related injury please give Dan T. Matrafajlo a call for a free office consultation.

The plant where Mr. Seddon worked produced phosgene, a substance used for, among other things, the chemical warfare agent, phosgene oxime. Seddon had been targeted because he had filed a complaint with OSHA, and he was “punished” by having his hours cut and being given poor evaluations from his superiors.

In response, Seddone sued DuPont under the Conscientious Employee Protection Act. In the initial lawsuit filed in 2004, Seddon was awarded $2 million in damages. However this decision was overturned in the appellate court, which cited Seddon’s inability to prove that his employer’s retaliatory actions were designed to make him quit. The New Jersey Superior Court then overturned this decision and reaffirmed the finding of the lower court, albeit for a smaller amount of damages.

DuPont representatives claim that Seddon’s OSHA complaints were unfounded and that no such retaliations occurred.

The state of New Jersey goes to extreme lengths to protect the rights of whistleblowers, because workplace hazards are an important concern, both for the safety of the workers and for the safety of the public in general.  

If you or a loved one has been injured at the workplace, get the legal advice and representation today from a qualified New Jersey workers’ compensation attorney. Call today for a free initial consultation with experienced New Jersey workers’ compensation attorney Dan Matrafajlo.

Workers are in particular danger of falling objects when they are positioned beneath

scaffolding or cranes, or where there is overhead work being performed. There is also danger of flying objects where power tools are being used and workers are pushing or pulling objects that may result in other objects becoming airborne. General safety tips that minimize injuries include always wearing a hardhat and safely stacking materials to prevent them from sliding or collapsing unexpectedly. Safety goggles or face shields are a must at all times to shield you from flying particles and small objects, and equipment should always be inspected to ensure that protective guards are in place.

When working with cranes and hoists, care should be taken to avoid standing underneath them while loads are being moved, and that lifting capacity is not exceeded at any time. In any area where such work is being performed, hazard areas should be barricaded and warning signs posted around, and where possible use debris nets and catch platforms to catch falling objects.

If you suspect your workplace is engaging in unsafe working practices or not protecting its employees, contact New Jersey workers’ compensation attorney Dan Matrafajlo for a free consultation.

Employers should be prepared for the possibility of eye injuries. Emergency eyewashes should be placed in all hazardous areas, and first-aid instructions should be clearly and visibly posted near potential areas of danger. Employees must be able to locate eyewash stations, even with limited vision.

Eye and face protection equipment must adhere to certain national standards, but at a minimum, the equipment must provide adequate protection, be reasonably comfortable, fit snugly and not hinder the movements of the wearer, be able to be disinfected and cleaned, and be clearly marked to identify the manufacturer of the equipment.

Employees must know how to properly care for and maintain the personal protective equipment. This means that they must be maintained in a sanitary condition and kept free of structural or optical defects. Pitted or deeply scratched lenses are unsafe and prone to breaking and should be avoided. Employees who use protective equipment for extended periods of time should know how to clean and disinfect it regularly and disinfect a given piece before issuing it to another employee.

If you have further questions about eye protection in your workplace, contact experienced New Jersey workers’ compensation attorney Dan Matrafajlo for a free initial consultation.

OSHA regulations require employers to ensure that all applicable employees use appropriate eye or face protection when exposed to hazards from flying particles, liquid chemicals, and caustic liquids such as acids, chemical gases or vapors, and light radiation. They are also required to provide training for each employee as to when personal protective equipment is necessary, how to properly put it on and adjust it, what its limitations are, and how to properly care for, maintain, and dispose of the equipment. This training must be conducted by a knowledgeable person and presented in an understandable manner.

Each applicable employee should be required to demonstrate that they properly understand the training before performing work where PPE is required. Employers should also be on the lookout for employees who might have forgotten or misunderstood the training, and make sure to retrain them on proper procedures. This also includes circumstances where workplace changes or changes in the type of PPE to be used have modified the appropriate procedures.

If you have further questions about the regulations concerning eye safety in the workplace, contact dedicated New Jersey workers’ compensation attorney Dan Matrafajlo for a free initial consultation.

However, New Jersey law makes it unlawful for an employer to discriminate against an employee claiming workers’ compensation benefits. If an employer does discriminate against an injured worker for claiming workers’ compensation benefits then that worker can file a Discrimination Complaint against the employer. 

If you are the subject of employment discrimination for claiming workers’ compensation benefits give Dan T. Matrafajlo, Esq to discuss your rights. 

In such instances, New Jersey has created an Uninsured Employer’s Fund to provided for temporary disability benefits and medical benefits. It should be noted that the New Jersey Uninsured Employer’s Fund does provide the aforementioned benefits but same are LIMITED. The injured employee/worker will not be paid permanent disability benefits from the Uninsured Employer’s Fund significantly curtailing the employee’s overall compensation benefits. 

The silver lining in this scenario is a competent New Jersey Workers’ Compensation attorney, such as Dan T. Matrafajlo, will pursue permanent disability benefits against the employer individually and can press the issue of criminality inherent in failing to maintain workers’ compensation insurance. If your employer has failed to maintain proper insurance give Dan T. Matrafajlo a call for a free office consultation to discuss your legal rights. 

If you’ve been injured on the job, contact New Jersey workers’ compensation attorney Dan Matrafajlo for advice about your particular situation.
The EAP must include, but are not limited to:

• Conditions under which an evacuation would be necessary.
• Conditions under which it may be better to stay in place.
• Means of reporting fires and other emergencies.
• Names or job titles of persons who can be contacted for further information or explanation of duties under the plan.
• A clear chain of command and designation of the person in your business authorized to order an evacuation or shutdown.
• Evacuation procedures and emergency escape route assignments.
• Rescue and medical duties for those employees who are to perform them.
• Procedures for assisting visitors and employees to evacuate, particularly those with disabilities or who do not speak English.
• Designation of which, if any, employees will remain after the evacuation alarm to shut down critical operations or perform other duties before evacuating.
• A way to accounting for employees after an evacuation.

In most fire conditions, immediate evacuation is the best policy, especially if professional firefighting services are available to respond quickly. There may be situations where employee firefighting is warranted to give other workers time to escape, or to prevent danger to others by spread of a fire.

If you’ve been injured on the job, New Jersey workers’ compensation attorney Dan Matrafajlo may be able to help. Call today for a case evaluation.

According to Jumpp v. City of Ventnor, 177 N.J. 470, 828 A.2d 905 (2002) the New Jersey Supreme Court upheld the workers’ compensation judge’s ruling that such an employee is NOT entitled to workers’ compensation benefits.

In Jumpp the New Jersey Supreme Court addressed the limited issue, “whether a city worker, whose daily duties required him to visit various sites within the city’s boundaries, is eligible for workers’ compensation benefits when he was accidentally injured during the workday but while on a personal errand. We hold that generally there must be a finding that the off-premises employee is performing his or her work responsibilities at the time of the injury in order for the injury to be compensable. We also hold that minor deviations from the employee’s prescribed responsibilities survive the 1979 amendments to the workers’ compensation statute.”

The New Jersey Supreme Court concentrated on the fact that the city worker ran a personal errand (although authorized by employer) thus, he was not entitled to workers’ compensation benefits.

If you have a similar situation that resulted in a work place injury, call Dan T. Matrafajlo for a free office or telephone consultation.

What happens when an employee is terminated from medical treatment by the employer’s doctor prematurely?

If that is the case, it is prudent that the employee seek proper legal representation. Whereby, an experienced counsel will file a Petition for Medical and Temporary benefits in the New Jersey Workers’ Compensation District Court in the county (i.e. Middlesex, Union, Essex, or Monmouth Workers’ Compensation District Court) where the injured employee resides.  The good news, to the employee, is that the attorney fee is paid by the employer’s workers’ compensation insurance carrier upon successful achievement of the requested medical treatment. It should be noted, that as of September 29, 2011 a memorandum was sent indicating that the attorney representing such an employee is entitled to his/her fee earlier then the final settlement for permanent benefits.

If you have additional questions or concerns call Dan T. Matrafajlo an experienced workers’ compensation and personal injury attorney.

Most of these accidents would be preventable if employers made sure to establish clear safety procedures for their workers and provide them with adequate safety equipment. Employers are also obligated to follow government regulations regarding the storage and usage of toxic materials and conduct regular inspections on workplace equipment and instruments. In addition, many of these workplace injuries could be prevented if employers adequately trained employees on proper workplace safety and prevention practices. According to one study, technical issues such as faulty equipment only account for 4 percent of workplace-related accidents.

These steps should be relatively simple to enact. By implementing these rules and policies, employers can also cut down on their workers’ compensation costs and reduce the number of workplace injuries and fatalities.

If you suspect your employer is running an unsafe working environment, contact experienced New Jersey workers’ compensation attorney Dan Matrafajlo for a free initial consultation.

The relevant section of the OSHA regulations is found at 29 CFR 1910.22(a). It mandates that employers must keep all parts of the workplace “clean and orderly and in a sanitary condition.” Employers must be conscious of all kinds of obstacles that could lead to falls. They must also make sure the floor itself is in good condition and free of things like nails, splinters, and loose boards.

Wet floors are a common cause of slip-and-fall accidents in workplaces and elsewhere. Some jobs are such that wet floors are more or less inevitable. OSHA does not require that floors are always perfectly dry, but that they are dry “so far as possible.” Some ways workers can try to prevent or minimize floor wetness include drains, platforms, mats, or other dry standing places.

Employers must take extra care to prevent New Jersey workplace injuries when certain conditions present an increased risk of harm if a fall does occur. This means they must use covers and guardrails when workers are around machinery, pits, tanks, vats, ditches, and the like.

If you have been injured at work, a New Jersey workers’ compensation lawyer may be able to help you get the benefits you deserve. Please contact Dan Matrafajlo for a free evaluation of your case.

OSHA inspectors observed several fall protection and scaffolding violations when they inspected a site of Illescas Brothers Construction on June 28. Employees performing bricklaying were seen climbing the cross braces of a platform 24 feet off the ground without proper fall protection, and employees erecting scaffolding were seen working on an unstable scaffold 18 feet off the ground.

The company was issued three repeat violations for failing to use proper scaffolding and proper fall protection, as similar violations were cited in August 2007. The company was also issued six serious violations (where there is a substantial probability of death or serious physical harm from a hazard the employer knew or should have known about) for failing to implement a respiratory protection plan, provide safe access to a landing surface, and protect employees from falling material.

The company was also issued three other-than-serious violations (violations that have a direct relationship to job safety and health but which would probably not cause death or physical harm) for the absence of a portable fire extinguisher, failing to provide a material safety data sheet to workers, and failing to issue a written hazard communications program.

If you have questions about whether there might be unsafe working conditions at your workplace or have been injured and think you might be entitled to workers compensation, contact an experienced New Jersey workers’ compensation attorney. Dan Matrafajlo is a dedicated New Jersey workers’ compensation attorney with years of experience successfully handling these matters. For a free initial consultation, simply fill out the form on this page.

However, the fact is that workers’ compensation fraud is far, far less common than the insurance companies claim. In fact, workers’ compensation fraud appears to make up less than 2 percent of all workers’ comp claims, a figure that has been verified by independent studies.

An article published by the Workers Injury Law and Advocacy Group has provided some surprising statistics regarding the issue. Only 178 out of the 54,854 claims filed in the state of Florida in 2005 were fraudulent. Of those instances of fraud, 130 were committed by employers rather than employee claimants. Of the 66,469 workers’ compensation claims filed in Kansas in 2006, only 80 of them were investigated for fraud, and 89% of accusations of fraud were against employers.

Also, consider that the state of Tennessee has collected over $300,000 in fraud-related penalties from workers’ compensation insurance carriers and employers. In addition, 25-30% of companies in New York are not purchasing workers’ compensation insurance, which is dictated by that state’s law.

If you are making a workers’ compensation claim in New Jersey, do not accept the insurance company’s excuses when it refuses to deal fairly with you. An experienced New Jersey workers’ compensation attorney can fight for you and make sure you get the settlement you deserve. Call New Jersey workers’ compensation attorney Dan Matrafajlo today for a free initial consultation.

F&C Professional, which produces aluminum and iron balcony railings, fences, gates, and window grates, was found to be exposing the workers to unsafe amounts of dangerous chemicals and other toxins. It was also found to be lacking appropriate safety measures such as: machine guards; respirators; safety data sheets; medical evaluation and training for employees handling hazardous materials; hazard signs and proper labeling; and a proper hazard reporting system.

There were also a number of dangerous problems with the electrical equipment. OSHA claims that each of these violations could substantially and needlessly contribute to the risk of death or serious injury in the workplace.

Representatives from the F&C, however, claim that these alleged violations are being exaggerated and are primarily based on the reports of a disgruntled former employee. F&C has also accused OSHA of unfair scrutiny in response to these reports.

Whether or not these allegations are true, the law provides that employees must be provided safe workplaces by their employers. This includes having access to necessary training and education, as well as being provided with safety equipment. If F&C Professional’s safety violations are real and as severe as they are described, then any injured workers may be entitled to a substantial settlement from their workers’ compensation insurance.

If you have been injured in a workplace accident in New Jersey due to your employer’s negligence, don’t deal with workers’ compensation alone. Workers’ compensation benefits are paid through an insurance company, and it’s entirely possible that you would receive less than the full amount that you are entitled to for your injuries.

An experienced New Jersey workers’ compensation attorney can make sure that you are dealt with fairly and you get the money you deserve. Contact New Jersey workers’ compensation attorney Dan Matrafajlo today to schedule a free initial consultation.

Workplace injuries are a frequent occurrence that are usually preventable. A New Jersey workers’ compensation attorney is able to advise you, if you suspect your workplace is unsafe. The following are some general tips you can use to keep yourself safe while on the job or for your employer to use to keep its employees safe.

Employees:

1. When lifting heavy items, make sure to lift with your knees instead of bending your back. Squat to pick up heavy objects and keep your back straight. Do not twist your body around while lifting, and use both hands when lifting any load.
2. Use tools that fit comfortably in your hand are and which are properly sized for the job and for your body.
3. If you can, use tools with extension handles that allow you to stand up instead of stooping down.
4. When handling a heavy load, don’t reach your hands more than 10 inches away from your body.
5. Take frequent stretching breaks when working for extended periods of time.
6. Use a chair that is ergonomically designed and fits your body correctly.
7. Do not tax or strain yourself too much. Overexerting yourself can lead to injury.
8. Immediately report any unsafe working conditions to your supervisor, and if the management doesn’t respond, go to the Occupational Safety and Health Administration (OSHA).

Employers:

1. Enact and utilize safety procedures above and beyond OSHA regulations.
2. Give your workers proper safety training on how to use equipment properly and review your safety policies with them regularly.
3. If your workers are tired or in danger of overexerting themselves, let them take a break.
4. Only allow workers who have been properly trained to use power equipment and hazardous materials. Ensure they know what to do in case of emergency.
5. Listen to workers’ concerns about unsafe working conditions and create a safety checklist of all the potential hazards around the workplace.
6. Get your employees’ input on the creation of health and safety policies.

If you’ve been injured on the job or suspect that your workplace is unsafe, contact dedicated New Jersey workers’ compensation attorney, Dan Matrafajlo for a free initial consultation.

The violations included: (1) failure to ensure the use of safety glasses and (2) unsafe pressure levels for the compressed air canisters that are used to clean air particles. Both had previously landed Missa Bay in trouble with OSHA.

In addition, OSHA inspectors found a number of electrical hazards and noted that Missa Bay failed to perform inspections of the cranes, hoist chains, and hooks used to move around large amounts of food. Representatives of OSHA said that these violations were extremely serious and could have likely contributed to workers being seriously injured or killed.

Companies found to be violating the OSHA’s safety guidelines are likely to be liable if any of their employees are injured. Injured workers may be entitled to a large settlement through Missa Bay’s workers’ compensation insurance.  However, like any insurance company, it will likely be reluctant to pay claimants the full value of their claim.

An experienced New Jersey workers’ compensation attorney can make a difference, and make sure you receive a reasonable amount from the workers’ comp insurance.  If you or a loved one has suffered a workplace injury in the state of New Jersey, you should find an experienced New Jersey workers’ compensation attorney today. Call Dan Matrafajlo today for a free initial consultation.

Another chemical often found in factories that is known to be hazardous to humans is benzene.  Benzene is a chemical widely used in the manufacture of materials such as plastics, synthetic fibers, lubricants, pesticides, and detergents.  It is colorless and has a sweet odor, and is estimated to be exposed to 300,000 people every year.  Inhaling high levels of benzene is extremely dangerous and cause rapid heart rate, headaches, dizziness, unconsciousness, and even death.  Ingesting it can cause vomiting, convulsions, and rapid heart rate, and long-term exposure can result in anemia and cancer.

There are many more substances and fumes that can constitute workplace hazards.  Unfortunately, for many of them, symptoms will not manifest until many years down the road as a result of repeated and prolonged exposure.  However, other chemicals cause immediate reactions such as allergic reactions or severe burns.  Symptoms of exposure to toxic fumes and chemicals range from nausea and dizziness to cancer and blindness.  If you are concerned you have been exposed to toxic chemicals, contact New Jersey workers’ compensation attorney Dan Matrafajlo.

Asbestos is an especially worrisome chemical, as it is known to cause lung cancer in those exposed to it for prolonged periods of time.  It typically presents in the lower lobes of the lungs, and may take a long time, as much as 20 to 30 years, to fully develop, depending on the number of asbestos fibers inhaled.  According to the Environmental Protection Agency, lung cancer is responsible for more deaths than any other asbestos-related disease.  As such, people who are routinely exposed to the milling and manufacturing of asbestos are particularly at risk for lung cancer.  Lung cancer’s symptoms may include coughing and difficulty breathing and chest pains.

However, even those whose exposure to asbestos has not been prolonged may have reason to worry.  Unlike lung cancer and asbestosis, which are caused by prolonged exposure, mesothelioma has afflicted some with low or intermittent exposure to asbestos.  Mesothelioma is a specific form of cancer that is almost exclusively linked to asbestos exposure, and it targets the membranes of the abdominal cavities.  It symptoms include shortness of breath, lower chest pain, and weight loss.

If you are concerned that you have been exposed to asbestos and want more information about eligibility for workers’ compensation, contact New Jersey workers’ compensation attorney Dan Matrafajlo for a free initial consultation.

Under the “Going and coming rule” workers’ compensation benefits are typically limited to injuries incurred by an employee on the employer’s premises. See, N.J.S.A. 34:15-36.  An employee falls within that catergory, if and only if, that employee is considered an On-premises employee (for purposes of workers’ compensation that means when the employee arrives at the employer’s premises and said employee/worker sheds that status once he/she departs). 

If you feel you have a similar situation or just are unclear as to what constitutes in the course of employment, contact Dan T. Matrafajlo, New Jersey’s Workers’ Compensation attorney for a free office consultation session.  

The state of New Jersey established the Second Injury Fund (SIF), to be administered by the Division of Workers’ Compensation, in the 1920s in order to give employers incentives to hire disabled workers and reduce the financial burden on employers in covering injuries that were preexisting prior to the work-related accident. The Fund assumes the obligation of paying the injured worker, permanent-disability benefits after the expiration of the initial period in which the employer must pay the worker.

In order to qualify for SIF benefits, you must be totally and permanently disabled as a result of a combination of two events: (1) your work-related injury and (2) your pre-existing, permanent-partial disability. The second does not have to be a result of a work-related injury.

Keep in mind that SIF benefits are not paid in addition to your regular workers’ compensation benefits; this is merely a continuation of benefits after the regular ones have stopped. As long as you remain unemployed, and totally-and-permanently disabled, you can potentially receive benefits from the Second Injury Fund for the rest of your life. Benefits stop when the recipient dies—this means that it does not pay for funeral expenses or death benefits to the deceased worker’s dependents.

Very rarely can you work and still collect SIF benefits. If this happens, your benefit amount will be lowered by a percentage of the amount of wages you earn from your job. After 450 weeks, SIF benefits are available to you only if you can prove that: (1) you went through educational or physical rehabilitation as recommended by the New Jersey Division of Vocational Rehabilitation Services; and (2) as a result of your disability, you can’t earn the same amount that you were earning at the time of your total and permanent injury.

Once you start working again, you must notify the Office of Special Compensation funds as soon as possible. If you don’t, then you are in danger of getting your benefits reduced or removed altogether.

If you’ve been injured in a work-related accident, contact experienced New Jersey workers’ compensation attorney, Dan T. Matrafajlo. The first consultation is entirely confidential and free-of-charge.

Continued from Part 1.

In this second part of a two-part series, New Jersey workers’ compensation lawyer Dan T. Matrafajlo will continue to explain what workers’ compensation benefits are available to New Jersey workers who have been injured on the job.

4. Permanent Total Benefits

You will be entitled to permanent total disability benefits if your work-related injury or illness results in a permanent total injury and prevents you from going back to any kind of gainful employment.

At first, you’ll receive benefits each week for a period of 450 weeks. If you’re able to prove that you remain totally disabled, you may qualify for additional benefits beyond this period, but these benefits might be reduced for wages earned from employment.

The weekly benefit payments equal 70% of your average weekly wage at the time of your injury or illness. It’s subject to a maximum and minimum amount set by the New Jersey Commissioner of Labor and Workforce Development.

You will be presumed to have a permanent total disability if you have lost either two major members of your body or a combination of members of your body (for example, the eyes, arms, legs, hands, or feet). Permanent total disability isn’t limited to loss of body parts, however; you can still qualify if you get injured in a way that makes you unemployable.

5. Death Benefits

Sometimes, the job-related injury or illness results in the death of the worker. If this happens, dependents of the deceased worker will be entitled to receive workers’ compensation death benefits, as well as funeral expenses up to $3,500. These funeral expenses will be paid out by the employer or the employer’s workers’ compensation insurance carrier to whomever is responsible for paying the funeral bills.

The people who are presumed to be the deceased worker’s “dependents” include the surviving spouse, civil union partner, and any natural-born children who were living with the worker at the time of the worker’s death. Children under 18 (or children who are full-time students, up to the age of 32) are presumed to be dependents. Physically or mentally disabled children may be entitled to a greater payment amount. The deceased worker’s parents, grandparents, grandchildren, and siblings are not presumed to be dependents and must prove that they are.

The weekly benefit payment is 70% of the deceased worker’s wages, but there is a statutory maximum and minimum amount that’s set every year by the Commissioner of Labor and Workforce development.

If you’ve been injured on the job and your injury prevents you from working, you may be entitled to workers’ compensation benefits. Let experienced New Jersey workers’ compensation lawyer Dan T. Matrafajlo help you. For a free initial consultation, just fill out the form on this page.

The workplace hazards that may lead to these fines include leaking chemicals, unsecured propane tanks, faulty electrical, missing safety latches, and blocked exits. Other violations include the company’s failure to enforce the use of injury prevention equipment and to provide necessary safety equipment such as eyewash stations and fire extinguishers.

SAFAS Corporation also failed to enforce regulations that required machines be completely unpowered before employees could perform maintenance on them. This especially dangerous because a machine that turns on accidently during maintenance could kill workers near its moving parts.

Furthermore, the company also failed to comply with regulations that compelled it to identify unavoidable hazards and educate its workers about those hazards and the proper safety procedures to take in response.

This is not the first time that the company has been in trouble with OSHA. Two previous violations resulted in about $85,000 in fines. OSHA had found that the company had failed to provide safety training for its forklift operators.

If any of SAFAS Corporation’s employees were harmed, he or she could be entitled to a large settlement from SAFAS Corporation’s workers’ compensation carrier. However, like any insurance company, workers’ compensation insurance companies may try to avoid paying all of what those employees would deserve.

If you or a loved one has been injured at the workplace, you will need an experienced New Jersey workers’ compensation attorney to get the settlement you deserve. Call New Jersey workers’ compensation attorney Dan Matrafajlo today for a free consultation.

The New Jersey workers’ compensation plan offers five types of benefits to those who are injured on the job or suffer from an illness as a result of the job. These benefits are: (1) medical benefits; (2) temporary disability benefits; (3) permanent partial benefits; (4) permanent total benefits; and (5) death benefits. In this two-part series, New Jersey workers’ compensation lawyer Dan T. Matrafajlo will describe in further detail the benefits you may be entitled to.

1. Medical Benefits

Your employer’s workers’ compensation insurance carrier or your employer (if self-insured) must provide for all necessary and reasonable medical treatment, prescriptions, and hospitalization services that are directly related to treating your workplace injury.

Keep in mind that your employer or your employer’s workers’ compensation insurance carrier has the right to pick the medical provider or doctor. If, however, the employer does not provide the medical treatment, then you can freely choose the treating doctor.

If you’re injured and emergency treatment is necessary, you can go to a hospital and get medical treatment without first waiting to get authorization from your employer. You should still try to notify your employer as soon as possible, however, about your treatment.

2. Temporary Disability Benefits

If you’re injured in a workplace accident and it renders you disabled for over 7 days, you may be entitled to receive temporary disability benefits, retroactively payable from the first day of your work loss. This benefit amounts to 70% of your average weekly wage at work (at the time of your injury), and New Jersey law has a statutory minimum and maximum amount for this benefit. As of January 1, 2011, the maximum is $792, and the minimum is $211 a week. These benefits are also temporary: they are paid out to you only until you return to work, have recovered, or have reached the 400-week maximum, whichever comes first.

3. Permanent Partial Benefits

Sometimes, your workplace-related injury or illness might result in a permanent partial disability. If this happens, then your benefits will be determined by a percentage of certain “scheduled” or “nonscheduled” functional losses. A “scheduled” loss is defined as a loss of the arms, hands, fingers, legs, feet, toes, ears, eyes, or teeth. A “nonscheduled” loss is defined as an injury that involves the back, heart, lungs, etc.

Permanent partial benefits are paid on a weekly basis and are due after the temporary disability date ends.

Continued in Part 2.

If you’ve been injured on the job and your injury prevents you from working, you may be entitled to workers’ compensation benefits. Let experienced New Jersey workers’ compensation lawyer Dan T. Matrafajlo help you. For a free initial consultation, just fill out the form on this page.

If your injury requires medical treatment, you should make a request to your employer as soon as possible. New Jersey law allows your employer, or your employer’s insurer, to designate a doctor or other health care provider to treat your injury. If the professional neglects to take reasonable and necessary steps to cure or relieve your injury, you may be able to petition the state Division of Workers’ Compensation.

Regardless of whether your injury requires immediate medical attention, you need to notify your employer as soon as possible. This notice does not necessarily have to be in writing. It’s sufficient for you to verbally tell your supervisor, foreman, or anyone in authority that you have been injured while performing your job duties.

If your employer refuses to report your accident to its workers’ compensation insurance carrier, you have two options available:

1. Contact the insurer directly,
2. File a claim with the New Jersey Division of Workers’ Compensation.

Your employer should display its insurer’s contact information in a prominent place, but if you cannot find it, you can contact the Compensation Rating & Inspection Bureau to find out who provides your employer’s workplace compensation insurance.

If you choose to file a claim with the Division of Workers’ Compensation, you may wish to hire a New Jersey workers’ compensation attorney to help you with your claim. The workers’ compensation system can be confusing and overwhelming, and there are deadlines to be met. An experienced attorney will guide you through the process.

After receiving notification of your injury, your employer’s workers’ compensation insurance carrier will investigate the facts about your injury and determine whether you are eligible to receive benefits. If you disagree with their decision, this is another situation where you may wish to file a claim with the Division of Workers’ Compensation or request an informal hearing.

If you have been injured at work, you may be eligible for workers’ compensation benefits even if your employer is not at fault. If you’re not already represented by a New Jersey workers’ compensation attorney, call Dan Matrafajlo at (908) 248-4404 for a free evaluation of your case.

550 Jersey Avenue, New Brunswick, NJ 08901-2549
telephone #: (732) 937-6333
fax #: (732) 828-0698
 Supervisory Judge: Virginia Dietrich
Presiding Judges:  Randall J. Corman, Arcides Cruz, Eric Spevak, Russell Wojtenko

New Jersey Worker’s Compensation Law (N.J.S.A. 34:15-120.1) established the Uninsured Employers Fund so that injured employees can be paid medical expenses and temporary disability benefits, even if their employers failed to provide law-mandated workers’ compensation insurance coverage or defaulted on the required benefit payments that have been awarded to the injured employee by the Division of Workers’ Compensation. However, the Uninsured Employers Fund does not compensate for permanent disabilities that may arise out of workplace injuries.

The process of receiving benefits is the same as a typical workers’ compensation claim: you must file a formal workers’ compensation claim with the New Jersey Division of Workers’ Compensation. If it finds that your employer is uninsured, then either you or your New Jersey workers’ compensation lawyer must file a motion to join the Uninsured Employers Fund.

Although the Uninsured Employers Fund does not pay out any permanent disability benefits, the Superior Court will docket any permanent disability benefit award made by the Division of Workers’ Compensation as a lien against your employer. If it’s possible to locate your employer’s assets, you and your New Jersey workers’ compensation attorney could bring a lawsuit in court to collect on that lien.

If you have a workplace-related injury or illness, do not hesitate to contact experienced New Jersey workers’ compensation lawyer Dan Matrafajlo to get the legal help you need. For a free initial consultation, simply fill out the form on this page.

If you’ve been injured in your workplace and your employer is found to be uninsured for workers’ compensation insurance, your case will go to a hearing in a selected court vicinage. The Uninsured Employers Fund will be assigned an attorney to represent it.

If it is determined that you qualify for temporary disability benefits and/or medical expenses, then the Uninsured Employers Fund will pay you the benefits that your employer will not or cannot provide you. Before any money is directly taken out of the Fund, the Superior Court will issue liens in that amount against the employer. This will be included in the Order of the Judge of Compensation. The employer might also be fined up to $6,000 for noncompliance.

It will usually take anywhere between 90 and 120 days from the date of the award for temporary disability benefits or medical costs for you to get your payments from the Uninsured Employers Fund. This period is so long because it includes a 45-day period that:

(i) gives your employer the chance to fully pay the awarded amount;

(ii) dockets any liens in the Superior Court against your employer; and

(iii) includes the approval and payment voucher process that is needed to make the payments.

However, it’s possible for you to expedite your payment process by making sure that you have a complete and comprehensive documentation of your medical expenses forwarded to the Office of Special Compensation Funds during the filing of your claim. As soon as your bills are incurred, make sure to send them to the attorneys representing the Uninsured Employers Fund. During trial or right after the award has been made, give those attorneys the original copies of your billing statements.

If you’ve been injured in a workplace-related accident, you may qualify for workers’ compensation benefits. For a free initial consultation, contact experienced New Jersey workers’ compensation lawyer Dan Matrafajlo.

You or your New Jersey workers’ compensation lawyer must notify the Uninsured Employers Fund within 30 days after you find out (or should have found out) that your employer is uninsured for workers’ compensation.

One way for your New Jersey workers’ compensation lawyer to find out whether your employer is insured or not is to contact to the Compensation Rating & Inspection Bureau in writing order to get confirmation that the employer is uninsured. Once your lawyer gets the confirmation of uninsurance, he will attach a copy of the Bureau’s search results to the formal motion to join the Uninsured Employers Fund to your workers’ compensation claim brought by or against your uninsured employer.

The Uninsured Employers Fund will then be given the chance to fully review all of your medical bills and other costs associated with your workplace injury. It will determine whether your costs were reasonable and necessary. The process of making this determination may include an independent medical examination ordered by the Fund. The examining doctor will give the Fund an opinion about your medical condition, the appropriateness of your treatment, your ability to work, and your future need for further treatment.

Continued in Part 2.

Filing a workers’ compensation claim can be extremely confusing and complex. For help with your claim, contact dedicated New Jersey workers’ compensation lawyer Dan Matrafajlo to schedule a free initial consultation on your claim.

New Jersey mandates other requirements as well. Among these is the posting of official workers’ compensation forms. Each employer who does in fact obtain workers’ compensation insurance for its employees must post and maintain in a conspicuous place a typewritten or printed notice clearly indicating the following:

(i)   The employer has obtained the required workers’ compensation insurance;

(ii)  The name of the company or companies insuring its liability; or

(iii)  Shall state the employer has qualified for carrying its own liability.

An experienced New Jersey workers’ compensation lawyer will tell you a failure to comply with workers’ compensation laws may subject the employer to either civil penalties or criminal penalties, or both.

Should your employer not comply with the posting requirements, you may verify whether or not you are covered under workers’ compensation insurance by either:

(i) Writing to:         Compensation Rating & Inspection Bureau
60 Park Place
Newark, NJ 07102        or;
(ii) Logging on to:     www.njcrib.com.

Dan Matrafajlo is an experienced New Jersey workers’ compensation lawyer and is available at (908) 248-4404 to answer any questions you may have.

Workers’ Compensation fraud falls into three basic categories. The first is when an employee willfully offers false information about his/her physical condition, job status, or treatment. The worker also commits fraud by falsely connecting the injury with the job. Even exaggerating the extent of injury is considered fraud.

Employers are required to maintain Workers’ Compensation insurance coverage. Failure to do so, or any willful misrepresentation of a worker’s status or injury in order to avoid paying benefits, is also a criminal act. This provision also extends to an employer’s delaying of benefits.

Finally, if a health care provider or other professional assists an individual or employer in falsifying a Workers’ Compensation claim, he/she is in violation of New Jersey law. Such fraud may also entail overbilling for treatment, or billing for services that were never provided.

If you are in need of assistance with a workers’ compensation claim, turn to a specialist with a proven track record. Call New Jersey workers’ compensation lawyer Dan Matrafajlo today at (908) 248-4404.

An individual who “purposely or knowingly” offers false information in order to obtain workers’ compensation benefits may be liable to repay the amount in question. In addition, simple interest may be added, and all benefits related to the case are subject to forfeiture.

If an employer misrepresents a worker’s claim in order to evade full payment of benefits, or even to delay payment, it is an act of fraud. The employer may be liable to pay the amount due plus simple interest, along with attorney fees and costs. If the employer fails to provide workers’ compensation insurance coverage, civil penalties may ensue, up to $1000 for the first 20 days of non-coverage, and up to $1000 for each 10-day period thereafter. The employer also faces a possible fine of up to $10,000 and 18 months in jail.

Health care workers and other professionals who are convicted of workers’ compensation fraud may face as much as 5-10 years in prison and loss of license. They may also receive a fine of up to 5 times the amount of the claim, or $150,000.

If you believe an act of workers’ compensation fraud has been committed against you, or if you are accused of fraud, you need an expert you can trust. Call New Jersey workers’ compensation lawyer Dan Matrafajlo today at (908) 248-4404.

However, if the commissioner is not satisfied with an employer’s financial ability and permanence, he may consider the following as evidence of ability to pay:

1) a guaranty by a parent corporation that it will discharge the employer’s liability;

2) a separate account or reserve fund that is maintained by an employer to discharge its liability;

3) a surety bond executed by an association or corporation licensed to do business in New Jersey, provided the surety undertakes to discharge the employer’s liability; or

4) a contract of an employer with an insurance carrier covering liability for a portion of the compensation.

A New Jersey workers’ compensation attorney may be able to help you regarding possible evidence needed.

The commissioner may periodically require any exempted employer to furnish additional statements of financial ability, and if it appears to him that the employer is no longer able to carry the risk of compensation liability, he shall revoke his order granting exemption.  For assistance from a New Jersey workers’ compensation attorney, call Dan Matrafajlo at (908) 248-4404 for a free evaluation of your situation.

To receive temporary disability benefits, you must be unable to work for seven days. These days do not need to be consecutive, and weekends and holidays count toward the total. After seven days have elapsed, you will receive benefits retroactively to the first day of your injury.

There is no waiting period for medical benefits or permanent disability benefits. You can receive these benefits no matter how many (or how few) workdays you miss due to your injury.

How long will it take to receive temporary disability benefits?
It typically takes about two weeks for you to start receiving payments. In no case should you have to wait more than 30 days to receive payments. Such a delay is presumed to be unreasonable, and your employer or your employer’s insurer may have to pay an extra 25 percent on top of what you are already owed, plus reasonable legal fees you incurred fighting the delay.

What is the statute of limitations for workers’ compensation claims?
You have two years from the date of injury or the date of last payment of compensation to file a formal claim petition (whichever is later).

If you are injured due to long-term working conditions rather than a one-time accident (such as in cases involving asbestos exposure or hearing loss), the two years will be calculated from the date you first became aware that your medical condition was related to your employment.

If you have been injured at your job and you want a free evaluation of your case by an experienced New Jersey workers’ compensation attorney, please contact Dan Matrafajlo at (908) 248-4404.

A very dramatic example of this turned up recently in the New Jersey Court of Appeals. The court decided that the family of an AT&T employee, Cathleen Renner, who died from a pulmonary embolism was entitled to workers’ comp benefits. A blot clot had formed in Renner’s leg due to long periods of sitting at her desk at her home office, and the clot eventually traveled to her lung, blocking its blood supply. When her family attempted to claim benefits, AT&T claimed that Renner’s obesity and lifestyle choices, health factors unrelated to her job, were the primary cause of her pulmonary embolism.

The court determined that while Renner’s health problems may have been contributing factors, her work for AT&T was the ultimate cause for her death. The coroner determined that the clot probably formed while Renner was pulling another all-nighter in an attempt to finish a project for AT&T. Her family therefore presented sufficient evidence to make a workers’ compensation claim.

This is an important development in workers’ rights for the millions of Americans work desk jobs and do not have much opportunity for physical activity during the workweek.  If you, or a family member, have been injured while working, you may be entitled to a worker’s compensation claim, even if it occurred in an office. Call today for a free consultation.

One situation where liability may not initially be clear is if your employer is part of a partnership. This was illustrated in a recent New Jersey case where a worker, who had slipped and fallen due to black ice in a parking lot, attempted to sue the partnership in which her employer was a member, even though her employer had already paid workers’ compensation benefits.

Usually, when an employer pays worker compensation, it makes them immune from being then sued for negligence. However, the Appellate Court found that this immunity was not automatically conferred to the employer’s partners. While there have been instances where other courts found a partnership to be, for legal purposes, the same entity as the parties it comprised, the court decided that the other partners in the membership were third parties with respect to workers’ compensation law, and state law allows for a third party to be held liable for a worker’s injury. Allowing the worker to sue the partnership, the court said, was consistent with both the letter and intent of the law.

Workers’ compensation claims are sometimes simple and straightforward, but sometimes they involve difficult questions like this. If you have been injured on the job, make sure you have an experienced New Jersey workers’ compensation attorney on your side. Call Dan Matrafajlo for a free case evaluation.

1. Corporations.

Any business that is incorporated in the state of New Jersey must either obtain workers’ compensation insurance coverage or apply and get approved for self-insurance, so long as one or more individuals associated with the business, including its corporate directors and officers, perform services on behalf of the corporation before, during, or in anticipation of financial consideration. “Financial consideration” is defined as compensation for any work done; it includes cash, services, products, stocks, options to buy stocks, meals, lodging, etc.

2. Partnerships and Limited Liability Companies (LLCs).

Any business that is a partnership or a limited liability company in New Jersey must get workers’ compensation insurance coverage or self-insurance as long as one or more individuals associated with the business, not including partners or members of the LLC, perform services on behalf of the business before, during, or in anticipation of financial consideration.

3. Sole Proprietorships.

Any business operating as a sole proprietorship in New Jersey must get workers’ compensation insurance coverage or self-insurance as long as one or more individuals associated with the business, not including the principal owner, perform services on behalf of the business before, during, or in anticipation of financial consideration.

If you’ve been injured in a work-related accident, you may be entitled to New Jersey workers’ compensation benefits. For a free consultation, contact experienced New Jersey workers’ compensation lawyer Dan Matrafajlo today.

There are two kinds of workers’ compensation insurance policies that New Jersey employers may obtain:

(1) a workers’ compensation insurance policy or

(2) self-insurance.

1. A Workers’ Compensation Insurance Policy from a mutual or stock insurance carrier that has been approved by the state of New Jersey to write insurance. The insurer will determine the premium amount based on the classification of work that the employees do, how much claims experience the employer has, and what the employer’s payroll is like.

2. Self-Insurance. Employers who choose not to purchase a workers’ compensation insurance policy may self-insure by applying to, and obtaining approval from, the New Jersey Commissioner of the Department of Banking and Insurance. The bases for approval are:

(1) whether the employer has the financial capability of meeting all of its legal obligations; and

(2) whether the business is permanent or not. Sometimes, the employer will have to post up a security to ensure that it will meet its legal obligations.

If an employer is self-insured, it can either handle its own workers’ compensation claims or contract out that duty to a third party administrator (TPA). The laws regarding self-insurance are covered in the New Jersey Workers’ Compensation statute, N.J.S.A. 34:15-77.

Agencies of the government have different requirements: they must provide workers’ compensation benefits to their employees, but they do not have to purchase the insurance or get approval as a self-insurer. Their options are:

(1) get a workers’ compensation insurance policy;

(2) participate in an insurance pool; or

(3) keep separate funds appropriated for workers’ compensation.

If you’ve suffered a work-related injury or illness, contact New Jersey workers’ compensation lawyer Dan Matrafajlo today to see if you have a good claim for workers’ compensation. The initial consultation is free of charge.

The New Jersey Workers’ Compensation Act uses a very broad definition of “employee”—in fact, the term is more broadly construed than it is in the New Jersey Unemployment Compensation statute and the Internal Revenue Code. This means that sometimes, what you might normally think would not qualify as an employer-employee relationship actually does qualify under the workers’ compensation statute. In addition, even if there is a contract or other formal agreement that says that you are not an employee, it will not be the final word on whether or not you have an employer-employee relationship.

In determining whether or not a worker is an “employee,” the New Jersey courts have two tests.

The first test is the “control test,” where the court will look at the relationship between the person and the business involved. If the business has the right to supervise the individual and control what and how something is to be done, then there is an employer-employee relationship.

The second test is the “relative nature of the work test,” where there is an employer-employee relationship if the person relies on income from the business and if the individual’s work is an “integral part” of the business’s activities.

Generally, New Jersey considers domestic workers and farm workers to be “employees” for workers’ compensation purposes, while individual contractors are not. Seamen, maritime workers, railroad workers, and federal employees are covered by the federal workers’ compensation scheme, not the state one.

If you’ve been injured in a work-related accident, you may qualify for workers’ compensation benefits. For a free evaluation of your case, contact dedicated workers’ compensation lawyer Dan Matrafajlo today.

• A disorderly persons criminal charge for failing to insure;
• A charge for a fourth-degree crime, if the action was willful;
• A fine of $5,000 for the first 10 days and up to $5,000 for each additional 10-day period of noninsurance; and/or
• Personal liability for officers of the company if the employer is a corporation.

The employer cannot discharge the penalties if it goes bankrupt.

When an employee is injured or killed in a work-related accident, an employer (including the officers, partners, or member of a limited liability company) who fails to insure for workers’ compensation is liable for:

• Medical expenses;
• Temporary or permanent disability;
• Dependent benefits (in case of death); and
• Civil penalties.

If you think any New Jersey employer is uninsured for workers’ compensation, you should notify the appropriate authorities by calling the New Jersey Office of Special Compensation funds at (609) 292-0165 or filling out and mailing or emailing a “Report of Non-Compliance” form. You may remain anonymous, but be prepared to give the name and exact address of the employer and, if you know this information, the names of the principal operators of the business.

If you’ve been injured in a work-related accident, get the legal advice you need from experienced New Jersey workers’ compensation lawyer Dan Matrafajlo. For a free initial consultation, simply fill out the form on this page.

New Jersey Temporary Disability Benefits Law provides for Temporary Disability Insurance (TDI) in order to protect workers from wage loss because on a non-occupational injury, illness, or other disability. This means that you cannot get compensation for any work-related illnesses or injuries under TDI. Because of the “temporary” nature of these benefits, you can receive TDI benefits for up to 26 weeks for each disability period. The weekly payment has a direct correlation with your average weekly wage: you can get benefits up to two-thirds of your average weekly wage, up to a maximum of $559, starting from January 1, 2011. Keep in mind that this maximum weekly benefit amount is subject to change on the first January 1 of every year.

There is a way of receiving TDI benefits in the workers’ compensation context. If you filed for workers’ compensation benefits for your work-related injuries but your claim is contested by the workers’ compensation insurance company, you might qualify for temporary disability benefits through TDI while your workers’ compensation claim is awaiting final resolution. If you do so, the Disability Insurance Service will file a lien so that it can protect its rights to subrogate any subsequent workers’ compensation award.

If you’ve been injured on the job and can’t do any work because of your injury, contact experienced New Jersey workers’ compensation lawyer Dan Matrafajlo by filling out the form on this page. The initial consultation is strictly confidential and completely free of charge.

This amount is calculated based on what percentage of the maximum benefit rate you were receiving at the time of your injury, adjusted to reflect the newer maximum rate. In other words, if you were paid 70 percent of the maximum rate in 1979, you will be paid 70 percent of the now-current maximum rate of $792 per week, or $554.40.

These supplemental benefits may be reduced if you are receiving Social Security benefits or disability pension benefits through your employer. They may also be reduced if you are now working in spite of your permanent and total disability.

In addition to injured workers, dependents of deceased workers may be eligible to receive benefits if the worker’s death occurred prior to January 1, 1980, or if the worker died in 1980 or after, but his or her death was directly attributable to an injury that happened before 1980.

Before supplemental benefits were granted to workers injured before 1980, many were receiving the maximum amount available to them at the time of their injuries in the 1950s or the 1960s—sometimes as little as $25.

If you are having trouble obtaining workers’ compensation benefits after your injury, an experienced New Jersey workers’ compensation attorney may be able to help. Call Dan Matrafajlo at (908) 248-4404 for more information and a free evaluation of your case.

Employers can be self-insured for workers’ compensation purposes, but they would need to be approved by the Department of Banking & Insurance. An employer will only be approved if it can show sufficient assets to cover all potential work injury claims.

A self-insured employer will submit the same forms to the state that the insurance company for a covered employer would. These are the First Report of Accident (FROI/IA-1), which must be submitted within three weeks of learning of the accident, and the Subsequent Report of Accident (SROI/SA/IA-2), which must be filed within 26 weeks of the injured employee recovering enough to be able to return to work (or maximum medical improvement, if such a recovery is not expected).

If you have been injured on the job, an experienced New Jersey workers’ compensation attorney may be able to help you get the benefits you need. Call Dan Matrafajlo at (908) 248-4404 for a free evaluation of your case.

This could be applicable in your case if your injury wasn’t caused by your employer, a coworker, or yourself, but was due to the negligence or intentional act of another person or the failure of a product, in which case you could sue that person or the product’s manufacturer. This might be desirable if you have a serious injury because New Jersey workers’ compensation benefits are capped at a certain amount which may be too low for you to recover for the full value of your injury.

If the settlement you get from a third party is greater than or equal to the amount you would receive from your employer, your employer or your employer’s insurance carrier will get a credit for two-thirds of the amount they would otherwise have to pay, less $200.

If the third-party settlement is less than the amount of workers’ compensation, your employer will get credit for two-thirds of the settlement amount, less $200.

If you have sustained a workplace injury in New Jersey and you are having trouble getting the benefits you deserve, an experienced New Jersey workers’ compensation lawyer may be able to help. Call Dan Matrafajlo at (908) 248-4404 for a free evaluation of your case.

But what if an employer cancels a worker’s health care coverage because he is not able to work because of a job injury? Is this allowed?

New Jersey’s workers’ compensation laws do not outlaw this practice, but it may be a violation of the federal Family and Medical Leave Act, or FLMA. The FMLA was signed into law by President Bill Clinton in 1993. It mandates that injured employees must be given up to 12 weeks of unpaid leave and that during this time, their employers must provide the same benefits as when they were able to work.

The law also provides that upon the employee’s recovery and return to work, he must be restored to the same position or, if such a job is unavailable, a position that is substantially similar.

This law does not apply to employees at businesses with fewer than 50 employees or part-time employees who have worked less than 1,250 hours in the year before the injury.

If you have been injured on the job in New Jersey and are having trouble collecting worker’s compensation benefits, New Jersey workers’ compensation attorney Dan Matrafajlo may be able to help. Call (908) 248-4404 for a free evaluation.

If you were retaliated against and you believe that filing a New Jersey workers’ compensation claim or testifying in another employee’s hearing was the reason for the retaliation, you can file a discrimination complaint against your employer with the Division of Workers’ Compensation.

What Remedies Are Available?

The primary remedies for wrongful firing in retaliation for a New Jersey workers’ compensation claim are reinstatement of your former job and payment of lost wages. To return to your job, however, you must show that you are able to perform the essential duties of that job in spite of your injury.

What If I Was Fired Because I’m Disabled?

If you weren’t fired in retaliation for your workers’ compensation claim, but because you are disabled from your injury, this is not a violation of the workers’ compensation statute, but it may be a violation of the Americans With Disabilities Act (ADA). If you believe that you have been discriminated against because of your disability, contact the Equal Employment Opportunity Commission by calling (215) 451-5800 from Mercer County or south or (800) 669-4000 from Monmouth County or north.

A New Jersey Workers’ Compensation Lawyer Can Help

If you need help filing a workers’ compensation claim, New Jersey workers’ compensation lawyer Dan Matrafajlo can help. Call the number at the top of this page to schedule a free consultation.

The New Jersey workers’ compensation system also provides benefits to the family of a worker who is killed on the job or who dies from injuries sustained on the job.

Almost every worker is covered by the New Jersey workers’ compensation program, regardless of the size of his or her employer. Workers who are classified as independent contractors rather than employees are not covered. Additionally, seamen, maritime workers, railroad workers, and federal employees are covered by a federal workers’ compensation program.

New Jersey is a no-fault state, meaning that you can collect benefits no matter who caused your injury. As long as you were injured while performing your job in good faith, it doesn’t matter if you were at fault. In a typical personal injury case, on the other hand, your actions would be a consideration if they were a cause of your injury.

Sometimes, however, an employer will refuse to report an accident to the workers’ compensation insurance carrier. In such a case, you can contact the insurance carrier directly or file a claim with the New Jersey Division of Labor. This process can be complicated, and you may wish to contact a New Jersey workers’ compensation lawyer for assistance.

For a free evaluation of your case, please contact Dan Matrafajlo at (908) 248-4404, or fill out the contact form in the top right corner of this page.

Your employer or its insurance carrier will pay for necessary and reasonable medical treatment, and if your injury causes you to lose work, you will be paid temporary disability benefits to compensate you for lost wages.

How Much Are Temporary Disability Benefits?

If you are disabled for more than seven days, you will receive temporary benefits in the amount of 70 percent of your average weekly wage, within a range set by statute. This range changes from year to year. In 2011, you will receive a minimum of $211 and a maximum of $792 in weekly benefits during the period you are unable to work and are under active medical care.

How Long Will Temporary Disability Benefits Last?

Benefits will last until you are released from active medical care and allowed to return to work, or until you reach maximum medical improvement. “Maximum medical improvement” means that your condition will not be improved by additional treatment.

A New Jersey Workers’ Compensation Lawyer Can Help

If you have been injured on the job and need help filing for workers’ compensation benefits, please contact New Jersey workers’ compensation lawyer Dan Matrafajlo for a free consultation by calling the number at the top of this page.

Dan Matrafajlo

Thank you for contacting the Law Office of Dan T. Matrafajlo, Esq. A member of our staff will get back to you as soon as possible. If it is an urgent matter, please call us at 908-248-4404.

Dan T. Matrafajlo, Esq. has established or aided in the establishment of various legal precedent that have been published in New Jersey based legal periodicals. Some of the legal precedent established by Mr. Matrafajlo are as follows:

Hardison v. King, 381 N.J.Super. 129, 137-38 (App.Div.2005)

An Appellate Division case that arose out of an appeal of a trial court’s decision granting Defendant’s Motion for Summary Judgment. In other words, the trial court Judge felt the law prevented Mr. Hardison from seeking monetary damages for his injuries since he had three prior injuries to the same body parts. In disagreement with the Judges determination an Appeal was filed. At the Appellate Division, which comprises of a three-Judge panel, the Court reversed the trial court’s finding which created a narrow exception to the then existing law.

The Appellate Division held that the plaintiff had established a genuine issue of fact relating to whether his injuries were permanent and caused by the subject automobile accident. The Court further held that a genuine issue of material fact existed as to whether rear-ended driver’s disc herniations were caused solely by the automobile accident, as his treating physicians reported, precluding summary judgment in driver’s negligence action; although rear-ended driver suffered injuries to the same body parts in previous automobile accidents, the prior accidents were nine and ten years prior, and the injuries were minor, completely resolved, and asymptomatic at the time of the accident at issue.

Frenklakh v. Lojek, (Westlaw citation: 2007 WL 470640)

Dan T. Matrafajlo argued for the plaintiff. In that case, Plaintiff was involved in a motor vehicle accident on June 29, 2002 in Verona, New Jersey and allegedly suffered injuries to his spine and right knee as a result.

The motion judge concluded that plaintiff’s claimed injuries to his spine were an aggravation of prior injuries suffered in an earlier motor vehicle accident in 1995. As such, the motion judge in Superior Court, Law Division, Essex County, New Jersey entered Summary Judgment against plaintiff. Plaintiff appealed.

On appeal the Appellate Division reversed the trial court Order entering Summary Judgment and held that: (1) plaintiff was required to present expert comparative medical analysis; (2) the expert comparative medical analysis report regarding plaintiff’s back injuries was competent summary judgment evidence; and (3) a triable issue existed as to whether plaintiff’s knee injury was permanent under the No-Fault Act.

In re P.A.F., 176 N.J. 218, 822 A.2d 572, N.J., May 08, 2003 (NO. A-18 SEPT.TERM2002)  

After petitioner pled guilty and served his sentence for aiding and abetting official misconduct and other crimes, he filed a verified petition which sought expungement of his record of conviction. The Superior Court, Law Division, originally expunged petitioner’s criminal record and then on reconsideration rescinded his previous order and denied the expungement petition.

Petitioner appealed. The Superior Court, Appellate Division, affirmed. Petitioner appealed. The Supreme Court, Albin, J., held that statute which prohibited expungement of crimes committed by a person holding public office did not prohibit expungement of the criminal record of a private citizen who had been convicted of aiding and abetting a public office holder in the commission of their crimes.*

State v. Pinter, Appellate Division 2011 (case citation omitted until provided a citation reference by Westlaw)

My client, Matt Pinter, was stopped by an East Brunswick police officer on his way home from a local bar. The issue on appeal was whether the East Brunswick police officer had probable cause to stop my client. A probable cause hearing was held at the East Brunswick municipal Court before Judge Christine Heitmann.

During the hearing but more particularly during cross-examination, the East Brunswick officer did equivocate and admit that Mr. Pinter was not necessarily recklessly driving or delaying traffic.  The police officer further admitted on cross-examination that he was unaware of the paragraph in New Jersey’s speeding law (39:4-98) that a motorist is required to reduce his/her speed in inclement weather.

Judge Christine Heitmann opined that the officer had probable cause based on the legal doctrine known as Community caretaking exception to the warrant requirement. The municipal court judge felt that even if a moving violation was not necessarily committed by Mr. Pinter the officer had the requisite probable cause to conduct a motor vehicle stop based the aforementioned doctrine.

Defendant Appealed to the Law Division then to the Appellate Division which affirmed the motor vehicle stop but all on different grounds.  The Law Division Judge felt that there was a motor vehicle violation that was committed by Mr. Pinter however, the judge failed to specify what motor vehicle law had been breached. As opposed to the Appellate Division which relied on criminal law, as opposed to, motor vehicle law to uphold the stop.  My opinion was that each Judge was anti-DWI because this particular defendant’s BAC level was particularly high-nearly three times the legal limit.

*Dan T. Matrafajlo’s role in that particular New Jersey Supreme Court case was limited to drafting the briefs and pleadings because at that time he was not yet certified by the Supreme Court of New Jersey to practice law however, his efforts proved successful based on the fact that the New Jersey Supreme Court ruled in his favor without even hearing conducting a formal hearing.

As an injured worker who sustained a work-related injury or illness, you are entitled to receive workers’-compensation benefits regardless of fault. Before you can begin receiving workers’ compensation benefits you must notify your employer of your injury and how it was sustained. Under New Jersey workers’ compensation law, an employee who suffers a job-related injury or illness is entitled to the following benefits:

1. Medical Benefits.
2. Temporary Total Benefits.
3. Permanent Partial Benefits.
4. Permanent Total Benefits.

What you should know about worker’s compensation:

1. If you require medical treatment your employer, or its insurance carrier, has the legal right to select the physician or medical facility that will treat your work-related injury or illness. That right is not exclusive.
2. If you feel medical treatment, including physical therapy, was prematurely ended you may be able to have the medical treatment restored.
3. It’s against the law for an employer to retaliate, discriminate, or discharge an employee for seeking workers’-compensation benefits.
4. If you’ve been subject to such discrimination or retaliatory conduct, contact The Office of Special Compensation Funds (OSCF). The OSCF is delegated the authority and power to protect your rights from such retaliatory conduct.

If you have additional questions or concerns, contact New Jersey workers’ comp attorney, Dan T. Matrafajlo, for a free case assessment or call 908-248-4404.

If you’ve been injured due to the negligence of another, call New Jersey personal injury lawyer, Dan T. Matrafajlo, for a free case analysis. Dan T. Matrafajlo is an experienced attorney regularly representing individuals involved in all types of car accident cases throughout central New Jersey.

As a car accident and workers’ compensation attorney, Dan T. Matrafajlo’s legal practice concentrates on the following areas:

• Car Accidents
• Truck Accidents
• Slip & Fall
• Workers’ Compensation
• DWI/DUI
• Traffic Offenses

Located in Elizabeth, NJ near the Newark and Linden Border.

Areas Served:

• Elizabeth, Newark, New Brunswick, East Brunswick, North Brunswick, South Brunswick, Union, Woodbridge, Linden, Roselle, Roselle Park, South Plainfield, Dunellen, Middlesex, Piscataway, Plainfield, Metuchen, Perth Amboy, South Amboy, South River, Old Bridge, Hillside, Somerset, Sayreville, Cranford, Kenilworth, and Clark.

Were you injured at work?

If you choose to file a claim with the Division of Workers’ Compensation, you should hire a New Jersey workers’ compensation attorney to help with your claim. The workers’ compensation system can be confusing and overwhelming, and there deadlines to be met. An experienced attorney will guide you through the process. Read more: What to do after you’ve sustained a job injury in New Jersey.

How can Dan T. Matrafajlo help you?

First, he’ll ensure you’ve been provided adequate medical attention. Your health and general well-being should not be compromised. Next, you’ll be provided a detailed explanation and assessment of the damages you’re entitled to as a matter of law.

It’s important you understand all your legal rights regarding your particular personal injury matter because the negligent party is definitely aware of their rights. This includes, but is not limited to, automobile accidents, truck accidents, slip and fall accidents, and/or work-related accidents.

What to do when you’re involved in an auto accident in the state of New Jersey:

• Remain calm and collected. You don’t want to further exacerbate the situation by arguing with the negligent party.
• If you’re injured stay in the car until the police arrive, unless it’s dangerous to do so and demand medical attention once the police arrive. It’s always helpful to inform the police how the auto accident occurred but, if you’re seriously injured focus on receiving proper medical treatment rather than worrying about giving a statement to the police under duress. Understand that the state of New Jersey including cities such as Elizabeth, NJ or Newark, NJ, almost always permit a party involved in an auto accident to amend or supplement a police report.
• In the emergency room following a truck or car accident, make sure you provide the medical personnel with a complete description of your injuries, including the body parts affected. In the state of New Jersey it’s customary practice for hospitals to memorialize all your complaints at the time of your admission. This means the hospital keeps a record of your admission including the statements you made to the medical staff. Therefore, it’s imperative you let the hospital staff know exactly what’s bothering you.
• Lastly, refrain from speaking to any insurance representative other than your insurance carrier until speaking with your attorney, Dan T. Matrafajlo.

Summary of steps to take following an auto accident in New Jersey:

1. Remain in the car until the police arrive.
2. Tell the police what happened and provide them the names of any witnesses of the auto accident.
3. If you’re injured demand medical attention.
4. At the hospital, provide medical staff with all your complaints including the body parts affected.
5. Refrain from speaking to any insurance representative other than your insurance carrier until you speak with your attorney.
6. 5-7 days following the auto accident obtain a copy of the police report.

If the police report fails to accurately describe the car accident request that the drafting officer amend the police report to correctly reflect the events leading to the auto accident.

Call Dan T. Matrafajlo, Esq. today at 908-248-4404 to schedule a free office consultation.

Phone: (908) 248-4404
Direct Line: (732) 801-4577
Fax: (908) 352-1103

1207 East Grand Street
4th Floor
Elizabeth, NJ 07201

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Professional Highlights

Established legal precedent in the New Jersey Supreme Court and Appellate Division.

Education

University of Miami, Coral Gables, FL -
2003, Juris Doctor

Rider University, Lawrenceville, N.J. -
1999, B.S.B.A. with a major in finance and a minor in psychology
Graduated magna cum laude

Professional Memberships

• New Jersey State Supreme Court
• United States District Court
• National Association of Industrial and Office Properties (NAIOP)
• New Jersey Association for Justice, formerly New Jersey Trial Lawyers Association Member
• New Jersey Inns of Court Member