FAQ

If you have been injured at work or in an accident caused by someone else’s negligence, it is completely normal to feel unsure about what comes next. Both workers’ compensation and personal injury claims in New Jersey come with their own rules, timelines, and challenges. This FAQ page answers some of the most commonly asked questions about workers’ compensation and personal injury cases, helping you better understand your rights, the benefits or compensation available, and the steps you may need to take after an injury. Read on and contact The Mark Law Firm for comprehensive assistance today.

Union County Personal Injury FAQ

Q: What should I do immediately after an auto accident in New Jersey?
A: After a car accident in New Jersey, prioritize safety and call 911 if anyone is injured. Exchange information with the other driver, document the scene with photos, and seek medical attention promptly. Report the accident to your insurer and avoid admitting fault, as liability determinations may involve multiple factors under state law.

Q: How is fault determined in a New Jersey auto accident case?
A: New Jersey follows a modified comparative negligence rule, meaning fault is shared based on each party’s actions. Insurance companies and courts review evidence like police reports, witness statements, and photos. You can recover damages as long as you are not more than 50% at fault, though your compensation may be reduced accordingly.

Q: What qualifies as a slip and fall accident in New Jersey?
A: A slip and fall accident typically occurs when a hazardous condition on someone else’s property causes injury. Common examples include wet floors, uneven surfaces, or poor lighting. Property owners in New Jersey have a duty to maintain reasonably safe premises and may be liable if they fail to address known dangers.

Q: How do I prove negligence in a New Jersey slip and fall case?
A: To prove negligence, you must show the property owner knew or should have known about the dangerous condition and failed to fix it or warn visitors. Evidence often includes incident reports, surveillance footage, witness statements, and maintenance records, all of which help establish liability under New Jersey premises liability laws.

Q: What should I do after a dog bite?
A: After a dog bite, seek medical attention immediately to prevent infection and document injuries. Report the incident to local authorities and try to identify the dog and its owner. Take photos and gather witness information. Prompt action helps protect your health and preserves evidence for any potential legal claim.

Q: Does New Jersey have a strict liability law for dog bites?
A: Yes, New Jersey follows a strict liability rule for dog bites. This means a dog owner is typically responsible for injuries their dog causes, regardless of prior behavior or knowledge of aggression. The victim does not need to prove negligence, only that the bite occurred and caused injury.

Q: What is considered wrongful death under New Jersey law?
A: Wrongful death occurs when a person dies due to another party’s negligence or wrongful act, such as in a car accident or unsafe condition. New Jersey law allows certain surviving family members to pursue a claim for financial losses resulting from the death, including lost income and services.

Q: Who can file a wrongful death lawsuit in New Jersey?
A: In New Jersey, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This representative acts on behalf of eligible beneficiaries, such as a spouse, children, or dependents, who may recover compensation for financial losses caused by the untimely death.

Union County Workers’ Compensation FAQ

Q: What should I do if I get injured at work in New Jersey?
A: If you are injured at work, report the injury to your employer as soon as possible. Seek medical attention through an employer-authorized provider and document how the injury occurred. Prompt reporting is important, as delays can affect your ability to receive workers’ compensation benefits under New Jersey law.

Q: How long do I have to report a workplace injury in New Jersey?
A: New Jersey law requires employees to notify their employer of a workplace injury within 90 days. However, reporting immediately is strongly recommended to avoid complications. You generally have up to two years from the date of injury or last benefit payment to file a formal workers’ compensation claim.

Q: What benefits are available through workers’ compensation in New Jersey?
A: Workers’ compensation benefits may include medical treatment, temporary disability payments, permanent disability benefits, and death benefits for surviving family members. The goal is to cover necessary care and partially replace lost wages while the injured worker recovers or adapts to a long-term condition.

Q: Can I choose my own doctor for a workers’ compensation claim in New Jersey?
A: In most cases, your employer or their insurance carrier has the right to select the treating physician. If you see an unauthorized doctor without approval, your treatment may not be covered. Exceptions may apply in emergencies or if the employer fails to provide necessary medical care.

Q: What is temporary disability in New Jersey workers’ compensation?
A: Temporary disability benefits provide wage replacement if your work injury prevents you from working for more than seven days. These payments are typically a percentage of your average weekly wage, subject to state limits, and continue until you return to work or reach maximum medical improvement.

Q: What is permanent disability under New Jersey workers’ compensation?
A: Permanent disability benefits apply when a work injury results in lasting impairment. These can be classified as partial or total, depending on the severity. Compensation is based on medical evaluations and statutory schedules that assign value to specific injuries and their impact on your ability to work.

Q: What if my workers’ compensation claim is denied in New Jersey?
A: If your claim is denied, you have the right to file a claim petition or request a hearing with the New Jersey Division of Workers’ Compensation. Disputes may involve issues such as whether the injury is work-related or the extent of disability, and may require supporting medical evidence.

Contact The Mark Law Firm

If you’ve been injured due to another party’s negligence or while on the job, our firm is here to help. Contact The Mark Law Firm for a free, confidential consultation today.