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Telephone: 201-288-2022
E-mail: [email protected]
Michael S. Rosenberg, a partner with the firm, handles our workers’ compensation and personal injury protection/no-fault departments. Mr. Rosenberg has extensive experience protecting the rights of injured workers and fighting insurance companies who refuse to pay medical/disability bills. He has a diverse litigation background. Earlier in his career, Mr. Rosenberg handled both criminal and civil litigation, including white collar crime, before focusing on litigation dealing with workers’ compensation and medical bill/disability/insurance issues.
Mr. Rosenberg received his Bachelor of Arts degree from C.W. Post College of Long Island University in 1984 where he majored in Political Science and minored in World Literature. While in college he was President of the Pre-Law Association as well as a Judge on the Student Court. Michael then went on to achieve his law degree at Western New England College School of Law in Springfield, Massachusetts, in 1987. While in law school he was a finalist in the Association of Trial Lawyers of America Moot Court Competition.
Mr. Rosenberg was a member of the Board of Governors of Association of the Trial Lawyers America. He is also a member of the American Bar Association, and the Bergen, Passaic and Morris County Bar Associations. He is admitted to the New Jersey Bar, the United Stated District Court for the District of New Jersey, as well as the New York Bar and District of Columbia Bars. In 2007, Mr. Rosenberg was appointed to the National Arbitration Forum’s Advisory Council.
In addition, Mr. Rosenberg chairs the No Fault Committee of the New Jersey Association of Justice (NJAJ), and currently serves as the president of the New Jersey Council on Safety and Health (NJCOSH) – a non-profit organization that aims to protect the rights of injured New Jersey workers and their families.
Mr. Rosenberg has also just been appointed by the New Jersey Supreme Court to serve on the Bergen County District Ethics Committee (DEC IIB).
Mr. Rosenberg also holds the rank of Shodan (Black Belt) in Goju Ryu (Okinawan Karate) and plays the guitar. He has been married to his wife for thirty years and has two handsome boys, Bradley and Mark.
Telephone: 201-288-2022
E-mail: [email protected]
Faranak (Fara) concentrates her practice on Personal Injury Protection (PIP) litigation and Workers’ Compensation. She has been fighting for the rights of injured workers and forcing insurance companies to compensate people injured at work for close to a decade.
Fara’s extensive legal insight allows her to handle a range of complex cases, including those involving catastrophic injuries. Fara prides herself on the ideals that every client should be treated like family and every case should be handled with the utmost care.
Prior to joining the firm, Fara served as a law clerk to the Honorable Mary K. Costello, Presiding Judge for the Civil Division, in Hudson County Superior Court.
Fara graduated from Montclair State University where she was a Presidential Leadership Scholarship recipient and the University of the District of Columbia – David A. Clarke School of Law where she was a Dean’s Scholar. While in law school, Fara served as a teaching assistant for the Legal Writing Department.
Outside of helping clients with their cases, Fara enjoys traveling and volunteering through various community organizations. Fara is also fluent in Farsi.
Have you or a loved one been injured because of another’s actions?
You may have legal options and may be entitled to compensation for your pain and suffering, medical bills, and more. With the experienced team of Hasbrouck Heights personal injury lawyers on your side, you can trust that we will handle every aspect of your claim for you, from filing your initial claim with the insurance company to negotiating for the maximum compensation you deserve. With more than 20 years of experience handling personal injury cases, our award-winning lawyers have the skills, knowledge and resources to handle even the most complicated cases.
Contact our dedicated team today for a free, no obligation consultation today. We charge no upfront fees and will not require any payment from you unless we recover compensation for you.
Complete a Free Case Evaluation form now to get started with our accident attorneys.
There are several things you should do immediately following a personal injury to preserve and gather the evidence you will need for a successful claim. In any personal injury case, you must prove the damages you have suffered and show that they were caused by another’s negligence.
To do this, our Hasbrouck Heights personal injury lawyers recommend that you:
Your health and safety should always be your number one priority. After any injury, you should always seek immediate medical care.
Visiting an emergency room, hospital or doctor is vital for ensuring you receive the care you need and establishing a record of your injuries. It will detail all of your symptoms, test results, what caused your injuries and what treatment you have undergone.
You will need evidence to support your claim that your accident and injuries were caused by another’s actions. As soon as possible, you should document your injuries and the accident scene by:
You should then immediately contact a reputable Hasbrouck Heights personal injury lawyer. An attorney can review the details of your accident and injuries, help you file a claim with the insurance company, and help you determine if you have a legal case that may be entitled to compensation.
We will also help you gather all of the evidence and documentation you need to support your case.
Click to contact our Hasbrouck Heights personal injury attorneys today.
Personal injury law is a specific type of civil law that allows individuals to file lawsuits against other individuals or entities that have caused them harm. This is an important resource for injury victims to obtain compensation for the damages they have suffered because of another’s actions, such as medical bills, lost wages and more.
However, the key to filing this type of lawsuit is proving that someone else was responsible for your injuries. With enough evidence showing that another’s negligence caused your injuries, you may have a personal injury claim.
To prove negligence, you must be able to show that the at-fault party had a lack of care for your safety.
The four elements required for proving negligence include:
The first step in determining if you have a personal injury case is to determine if the at-fault party owed you a duty of care.
In some circumstances, the relationship between the injury victim and at-fault party creates a legal duty of care. This includes a doctor who owes a patient a duty to provide reasonable care or a landlord who has a duty to ensure the safety of his or her property.
In other situations, the at-fault party simply had a duty to act with reasonable care and not cause harm to anyone. For example, all motorists have a duty of care to drive safely and follow the rules of the road.
Once it has been established that the at-fault party owed you a duty of care, we must show that he or she broke that duty by acting recklessly, carelessly or intentionally.
This can include failing to act, or not acting at all, as a reasonably prudent person would have given the circumstances.
For example, most motorists know that they should not run red lights, speed or drive while under the influence. Engaging in these types of actions can be considered breaching the duty of care the person owes to those around him or her.
Similarly, all doctors are legally obligated to act within the standards of the medical community. Any failure to act as another doctor would have, could be considered a breach of duty of care.
Next, you will have to prove that the at-fault party’s actions directly caused your injuries.
The insurance company and lawyers for the at-fault party will do everything possible to attempt to shift blame away from their client and claim that your injuries were caused by something other than their client’s actions.
For this reason, it is vital that we collect strong evidence showing that your injuries could not have been caused by anything other than the at-fault party’s actions.
Finally, you must be able to show that you suffered damages because of your injuries. This can include economic damages, such as medical bills and lost wages, or noneconomic damages, such as physical and/or mental pain and suffering.
Our Hasbrouck Heights personal injury lawyers will walk through each element with you to determine if you have grounds to file a lawsuit. If you do, we will get to work immediately gathering the necessary evidence to build a strong claim on your behalf.
Call (800) 518-0508 for a free consultation and review of your claim.
If you think you may have a case, you should contact our Hasbrouck Heights personal injury lawyers as soon as possible because there are strict time limits for filing a claim. These time limits are called statutes of limitations, which place a deadline on when a claim must be filed. If you miss this deadline, you will lose your opportunity to file a personal injury lawsuit.
As outlined in New Jersey Statutes Annotated § 2A:14-2, most personal injury claims, including those for car accidents, medical malpractice and product liability, have a two-year statute of limitations.
Wrongful death lawsuits also have a two-year statute of limitations, as outlined in N.J.S.A § 2A:31-3.
Although these deadlines are strict, there are several exceptions that could lengthen or shorten the deadline for filing a claim. However, only an experienced injury attorney can advise you of which statutes apply to your case.
In some situations, the statutes of limitations can be extended if the injury victim did not immediately know that he or she was injured or that the injury was caused by another’s negligence, which would mean he or she has a claim.
If this is the case, the two-year statute of limitations begins to run on the date the individual discovered, or reasonably should have discovered, his or her injury rather than on the date of the injury.
This includes cases of chemical or toxic exposure, such as mesothelioma, which can take years to develop after exposure to asbestos.
If a claim involves an individual who is a minor (under the age of 18) or legally incapacitated, the statutes of limitations will be tolled, or paused, until the minor reaches the age of 18 or the disability has been resolved.
This means, that if an individual was under the age of 18 at the time of the injury, the two-year statute of limitations will not begin to run until his or her 18th birthday. This will give him or her until his or her 20th birthday to file a claim.
However, this rule does not apply to medical malpractice claims involving birth injuries. In these cases, the claim must be filed before the child’s 13th birthday.
Unlike personal injury claims against private individual’s or entities, claims involving government entities or employees have additional, shorter requirements that must be met.
N.J.S.A. 59:1-1 et seq requires that a notice be filed with the responsible government department or agency within 90 days of the accident.
A failure to meet any of these deadlines will prevent you from filing a personal injury claim seeking compensation. Because of this, you should not hesitate to contact our Hasbrouck Heights personal injury lawyers as soon as possible after you have suffered an injury because of another’s negligence.
Our accident lawyers will review the details of your claim to identify the statutes of limitations that apply to your case. We will then work quickly and efficiently to meet all deadlines and requirements.
Learn more by completing a Free Case Evaluation form.
Personal injury lawsuits are intended to provide an injury victim with monetary compensation for the damages he or she has suffered because of injuries caused by another’s actions.
Depending on the circumstances of your case, our Hasbrouck Heights personal injury lawyers may be able to help you recover two types of compensation:
These damages are intended to reimburse you for the money you have spent or lost in relation to your injury. This can include:
Medical expenses are typically the largest portion of compensation an injury victim will recover. This can include compensation for:
If your injury prevents you from working for any period of time, it may be possible to obtain compensation for the wages you lost while you were unable to work.
If your injury prevents you from returning to work in the future, or requires that you take a significant pay reduction, it may also be possible to obtain compensation for lost future earning capacity.
Some injuries and accidents will also require out-of-pocket expenses that do not meet the categories above. If they are reasonable costs that are required for your injury, it may be possible to recover compensation for them. This can include:
Noneconomic damages are not as easily calculated because there is no direct monetary value. These damages attempt to compensate you for the effects of your injury on your personal life and can include:
The types and amount of compensation you can recover from a personal injury claim will depend on a variety of circumstances, including the severity of your injuries and how they affect your life.
Our Hasbrouck Heights personal injury lawyers have decades of experience helping accident victims obtain the maximum compensation they deserve for their injuries. We will utilize our vast resources and knowledge to help you file a successful claim.
It is important to note, however, that although our injury attorneys will do everything we can to obtain the maximum compensation you deserve, there are some circumstances in which your compensation could be reduced or limited.
One of the most common reasons your personal injury lawsuit compensation could be reduced is because of the rule of comparative negligence.
According to N.J.S.A. 2A:15-5.1, fault for a personal injury can be spread between multiple individuals. If the injury victim is found to be partially at fault for his or her injuries, his or her compensation will be reduced by his or her percentage of fault, so long as he or she is not more than 50 percent at fault.
This means that if you were awarded $20,000 in your personal injury case, but were found to be 30 percent responsible for causing your injuries, your award would be reduced by 30 percent to $14,000.
Some states also place caps on the amount of compensation injury victims can recover from personal injury lawsuits. In New Jersey, the only damage cap is for punitive damages.
According to N.J.S.A. 2A:15-5.14, punitive damages in personal injury cases are capped at $350,000 or five times the compensatory award, whichever is greater.
However, punitive damages are only awarded in cases in which the at-fault party acted out of actual malice or with wanton and willful disregard for the foreseeable harm that could come to the victim. For this reason, punitive damages are rarely awarded.
The Hasbrouck Heights personal injury lawyers at Lynch Law Firm, PC have decades of experience building strong claims on behalf of our clients that help them obtain the maximum compensation they deserve. We will do everything we can to recover every type of compensation you are entitled.
Call (800) 518-0508 to get started fighting for the maximum compensation you deserve.
At Lynch Law Firm, PC, our Hasbrouck Heights personal injury lawyers will handle your case on a contingency fee basis. This means we will not charge you unless we recover compensation.
There is no upfront cost or out-of-pocket expenses to hire our firm, and we do not charge any legal fees or other charges unless we obtain compensation on your behalf.
If we recover compensation for your claim, we charge a small percentage of your recovery. If we do not obtain compensation for you, you owe us nothing.
We also offer free consultations with our team of accident attorneys to discuss the details of your claim and help you determine if you have a case.
When choosing to hire a personal injury lawyer, you will want to make sure that your attorney has the skills, experience and resources necessary to handle your claim.
The Hasbrouck Heights personal injury lawyers at the Lynch Law Firm, PC have more than two decades of experience handling a variety of injury and accident claims throughout New Jersey.
During that time, we have acquired relationships with a variety of experts and professionals that will be valuable for investigating, building and advocating for your claim.
We also have established a team of accomplished, well respected personal injury lawyers who know what it takes to build, negotiate and try a successful personal injury case.
Founding Partner Jim Lynch was appointed to and currently serves on the Board of Governors for the New Jersey Association for Justice. He is also Certified by the Supreme Court of New Jersey as a Civil Trial Attorney, which requires being a member of the New Jersey Bar for at least five years, passing a written examination and participating in continuing education classes, and demonstrating a superb reputation within the legal community.
Both he and Founding Partner Arthur Lynch members of the Multi-Million Dollar Advocates Forum.
The Hasbrouck Heights personal injury lawyers at Lynch Law Firm, PC focus our practice solely on personal injury law. This means we are well-versed in the many laws and regulations applicable to your case.
We also know how to build a case that can stand up to any challenges you may face.
For more than two decades our accident lawyers have been committed to fighting for the rights of those who have been injured because of another’s actions. In that time, we have gained practical experience in handling a wide variety of practice areas, including:
You can trust that the Hasbrouck Heights personal injury lawyers at Lynch Law Firm, PC will work tirelessly to represent your best interests and fight for the maximum compensation you deserve.
Contact our firm today for a free, no obligation consultation for a free review of your case and more information about how we can help you.
If we take your case, you will not be charged unless we recover compensation on your behalf. Even then, we will only charge a portion of your recovery.
Call (800) 518-0508 or complete a Free Case Evaluation form.
Construction workers have a significantly higher risk of getting injured on the job, and these injuries are often serious and life-altering. Injury victims who are unable to work while recovering often struggle to make ends meet because of the loss of income and unexpected medical costs.
If you suffered an injury or the loss of a loved one in a construction accident, you may have legal options to help you recover compensation for your damages. Our New Jersey construction accident lawyers have decades of experience helping injured workers and innocent bystanders, and we have recovered millions in settlements and verdicts on their behalf.* This includes an $8,290,000 recovery for a construction worker who suffered a brain injury after falling over 15 feet due to careless fall protection planning on a job site. Partner Brian Held also recovered $4.5 million in a construction defect case.* He is a lifetime member of the Multi-Million Dollar Advocates Forum.
Contact us today to arrange your free, no-obligation consultation. There is no risk to you because we charge nothing up front to represent you. We do not get paid unless you do.
Call Lynch Law at: (800) 518-0508 for a stress-free claim review today.
When you meet with one of our experienced attorneys for your free case review, we can discuss your accident to understand how it happened and whether there were other factors that may have contributed to your injuries. This will help us to provide a more accurate assessment about your potential case and legal options.
Additional information we will need to better assist you includes:
Call our law firm today at: (800) 518-0508 to learn more.
Depending on the circumstances of your accident you may be able to pursue compensation through one or more legal avenues, including:
If you were a construction worker on the site, you may not need to prove liability for the accident. In this situation, the only requirement is that the accident or injury occurred while you were on the job and performing your work duties.
New Jersey law requires that all construction companies provide workers’ compensation benefits to employees to help cover important expenses if they are injured, such as:
After any work-related accident in New Jersey, it is important to take these first steps immediately after the accident:
Workers’ compensation claims can be complicated, and you may benefit from hiring one of our knowledgeable New Jersey workers’ compensation lawyers to protect your rights and provide guidance throughout the legal process.
If you are eligible to pursue a workers’ compensation claim after being injured on the job, you cannot sue your employer. Employers pay for workers’ compensation insurance to provide coverage for their workers and protection for themselves.
However, if a third party contributed to your injury, you may be able to file a separate personal injury lawsuit against that party for additional compensation. Your attorney will have to prove there was negligence for this type of case.
In any type of personal injury claim, establishing negligence involves proving there was a duty of care owed to you by that third party, that the third party failed in his or her duty, and that this breach directly caused you to be injured and suffer damages.
Pursuing a third-party claim helps an injured worker to seek a wider range of financial damages in addition to workers’ compensation benefits. This can include:
Economic Damages:
Non-economic Damages:
At a construction site, there are multiple parties who may share liability for an accident, including:
Our New Jersey construction accident lawyers are prepared to fully investigate the cause of your accident to help us determine all potentially liable parties, including whether you may be eligible to pursue additional compensation through a third-party personal injury lawsuit.
If your loved one died in a construction accident because of the negligence of a third party, you may have the option to file a wrongful death lawsuit on his or her behalf. Surviving spouses, children, parents, guardians or personal representatives may be eligible to file this type of lawsuit.
Call Lynch Law today to schedule your free consultation: (800) 518-0508
If you were injured due to negligence while driving or walking past a construction work zone, then you may be able to pursue compensation for your damages. Your injuries could have been caused by falling debris on the construction site or other hazardous conditions.
If you were injured in this type of accident, we strongly recommend that you contact an experienced attorney to learn about your legal options as soon as possible.
Construction sites are full of safety hazards that can cause serious injuries and even death. There are state and federal safety laws and protocols that are required to help protect workers and others who may be on or near the work zone.
Unfortunately, because there are often numerous property owners, contractors, subcontractors, vendors and other parties involved in meeting deadlines, some safety protocols may be overlooked. If one party acts negligently or fails to adhere to strict safety precautions, serious injuries and even death can occur.
Some of the leading causes of construction accidents include:
Accidents that happen in a construction work zone can lead to devastating injuries, including:
According to the Occupational Safety and Health Administration (OSHA), most accidents on a construction site happen as the result of a fall, being hit by falling debris, getting caught in between objects on the site, or being electrocuted.
If you have been injured or lost a loved one, do not hesitate to contact our New Jersey construction accident lawyers to learn more about your options for pursuing compensation.
Complete our free Case Evaluation form to get started.
Construction accidents are often more complicated and may have multiple liable parties. This can make the case more challenging to investigate and litigate.
Our New Jersey construction accident lawyers have decades of experience handling these types of personal injury cases and have recovered some of the largest settlements in the state. This proven track record shows our dedication to pursuing the maximum compensation for our clients. We also have the resources and the staff to take on large insurance companies that are known for doing everything they can to delay, devalue or deny a claim.
New Jersey’s statute of limitations gives injured persons two years from the date of an accident or injury to file a claim.
There are some exceptions to filing deadlines, which can make it necessary for you to file at an earlier time. When you meet with one of our New Jersey construction accident lawyers, we can determine the filing date that applies in your situation.
If you miss your filing deadline, then your claim will likely be dismissed by the court. If this happens, you will likely not be able to recover any of your damages from the accident.
If you or a loved one has been seriously or fatally injured in a construction accident in New Jersey, you may benefit from having knowledgeable legal representation. Recovering compensation for the damages you suffered can help relieve your financial burden and help to ensure you receive the medical care you need.
We have more than 20 years of experience advocating for injured victims in New Jersey, and we have recovered millions in compensation on their behalf.*
Contact us today to schedule a free, no-obligation consultation. If you cannot come to our office, we will come to you to review the circumstances of your claim and discuss your legal options. There is no risk to you, because if you do not get paid, we do not get paid.
Our office in Hasbrouck Heights is just a short drive from the Central Municipal Court of Bergen County.
Call our firm to learn more today: (800) 518-0508
* Results may vary depending on your particular facts and legal circumstances.
Working on or near the water can be physically demanding and dangerous because there is always a risk of suffering a severe injury.
When a maritime worker suffers an injury, he or she may be able to pursue fair compensation under maritime laws. However, these laws are complex and difficult to navigate on your own.
That is why you should strongly consider hiring an experienced New Jersey maritime lawyer. The attorneys at Lynch Law Firm, PC have in-depth knowledge of your rights under maritime law and how to pursue the compensation you deserve. We take cases on contingency, which means your initial consultation is free of charge and we do not recover legal fees unless you obtain compensation.
Schedule your free consultation today to discover your legal options. Call (800) 518-0508 .
You are free to pursue compensation for a maritime injury on your own. However, navigating the legal process alone can be stressful and confusing, particularly when you are dealing with a New Jersey personal injury.
This is one of the many reasons why it may be to your benefit to work with a reputable New Jersey maritime attorney. Here are some of the other reasons you should think about contacting an attorney after a maritime injury:
You will need to work with various parties as you pursue compensation for the injuries you suffered on the water, some of which may include your employer and its attorneys and insurance company if you are filing a claim under the Longshore and Harbor Workers’ Compensation Act (LHWCA).
Unfortunately, the only party that is focused on your best interests is you. While your employer and others will likely go through the process in good faith, they are not focused on ensuring you receive all of the compensation you deserve.
However, the New Jersey maritime lawyers at our firm will be singularly focused on your best interests and obtaining maximum compensation for your claim.
Workplace injuries can have devastating effects on your life, creating long-term medical expenses, lost wages and emotional anguish.
If your injury was caused by another party’s negligence, you deserve compensation for all of the physical, financial and emotional damages you are dealing with.
Our experienced New Jersey maritime lawyers will know how to carefully review your claim to determine an accurate valuation based on all of the evidence. An attorney will also know how to document physical and emotional damages that do not have a specific monetary value attached to them.
This is the kind of expertise you need to have a chance of recovering maximum compensation.
Making sense of the laws that apply to maritime injuries is very difficult when dealing with an injury. That is why having an attorney at your side with knowledge of these laws gives you a tremendous advantage.
The New Jersey maritime lawyers at our firm are well-versed in the laws that apply to these claims, including:
When you contact our firm, we will review your claim in a free legal consultation. If you have a claim and decide to proceed, we will explain the next steps you need to take to pursue compensation.
A New Jersey maritime attorney will be prepared to manage your claim from start to finish, including completing all required forms and ensuring they are submitted on time. If your claim is denied, your lawyer will be prepared to go through the appeal process to fight for your rights so you can focus on recovering from your injury.
Contact Lynch Law Firm, PC today for a free legal consultation.
The New Jersey maritime lawyers at our firm are prepared to pursue claims for maritime workers covered by the Jones Act, DOHSA and the LWHCA. This includes claims that occur on:
Injuries that occur on these vessels or locations are covered by maritime laws, provided these vessels were on navigable waters when the injuries occurred. Navigable waters include:
Fill out a Free Case Evaluation form right now.
Your maritime injury claim will be governed by one of three maritime laws, depending on the circumstances of your injury.
The Jones Act, also known as the Merchant Marine Act, applies to workers who perform at least 30 percent of their jobs on seafaring vessels, including:
This law allows eligible employees to obtain compensation for injuries caused by the negligence of a coworker or their employer.
Examples of negligent acts that could make you eligible for compensation include:
Workers who file Jones Act claims have a much lower burden of proof than people who file personal injury claims. In a personal injury claim, you must prove the other party’s negligence was the main cause of your injury. However, the Jones Act simply requires you to show that the other party’s negligence played some role in your injury, no matter how small.
The following types of benefits are available in a Jones Act claim:
You have three years from the date of the accident or injury to file a Jones Act claim. This is because of the three-year statute of limitations. If you fail to file within three years, you will lose the right to do so.
However, there are some situations where you might have more than three years from the date of the accident to file a claim. If you did not immediately discover the injury when the accident occurred, you have three years from the date you discovered it to file a claim.
This law applies to anyone engaged in a maritime occupation, if their job meets two criteria:
This act excludes all workers who are covered by the Jones Act, along with:
The LHWCA is similar to workers’ compensation in that it provides compensation for injuries and diseases that arise in the course of employment. Negligence is not a factor in determining eligibility for compensation.
You may be eligible for various types of compensation from an LHWCA claim, including:
According to Section 913 of the LHWCA, there is a one-year statute of limitations on filing claims. This means you must file within one year of your injury. Family members have one year to file a claim over the death of a loved one.
The statute of limitations does not begin to run until the employee or beneficiary is aware, or should be aware by exercising reasonable diligence, that the injury or death is related to the individual’s job.
If an individual was killed because of a wrongful act, neglect or default that occurred on the high seas more than three miles from the shore of the U.S., his or her spouse, parent, child or dependent relative may file a claim under the Death on the High Seas Act (DOHSA).
Some of the most common examples of negligence that give relatives grounds for a DOHSA claim include:
There are many types of compensation you may be able to recover in a DOHSA claim, including:
There are some situations where the deceased individual’s own negligence contributed to his or her death. The DOHSA does not bar recovery for the contributory negligence of the decedent.
However, if you are awarded compensation, the amount will be reduced by the decedent’s percentage of fault for his or her death.
All DOHSA claims are governed by a three-year statute of limitations. This means a claim must be filed within three years of the decedent’s death.
Schedule a free, no obligation legal consultation.
Have you been injured or lost a loved one on a seafaring vessel or in an on-the-job accident that occurred near the water?
You may be able to file a claim under the Jones Act, the Longshore Harbor Workers’ Compensation Act or the Death on the High Seas Act.
Contact a seasoned New Jersey maritime attorney from our firm today for a free legal consultation. We can review your situation to determine all of your legal options. If you have a viable claim, our goal is to obtain all of the compensation you deserve so you can return to work or support yourself if you have lost the ability to work.
If you lost a loved one on in the high seas, we want you to have the compensation you need to support yourself and your family now that your loved is gone.
Call (800) 518-0508 or complete a Free Case Evaluation form today.
Some jobs involve driving, such as delivering packages or driving a commercial vehicle. Some employers give employees cars to drive for business and personal use.
Despite your best efforts to avoid an accident, it may still happen. If it does, you may be unsure if you will be covered by the workers’ compensation system, as the injury occurred offsite. Below, learn more about this potentially complex issue and the factors involved.
There are certain kinds of jobs that require the use of a certain type of vehicle. Often, this vehicle is only used during business hours when the employee is on the clock. There are also jobs that provide workers with what is commonly referred to as a company car, and workers use this car all the time, even when they are not working.
Delivery and commercial drivers top the list of employees who must use a certain kind of vehicle while on the job. This category of work vehicles includes any vehicle used for a job with a description that includes driving and operation of a vehicle. These types of jobs may also require people to pass a driving test.
When the employee’s shift is over, he or she generally returns the vehicle to a parking facility. The vehicle used for work is usually not taken home. Some other jobs that may require the use of company vehicles that are not taken home include cleaning services and utility maintenance.
There are also companies that provide vehicles for employees to drive all the time, whether they are on the clock or not. For example, if you are expected to regularly meet with current or potential clients, the company may want you to drive around in a luxury car. The company is likely to pay for and provide insurance for the vehicle. Company cars are generally provided to employees who do not work from nine to five.
Generally, if you were engaged in a work-related activity when you were injured, you should be covered by the workers’ compensation system. You would be covered even if you were at fault for the injury, unless you were injured in a fight you started or because you were horsing around.
If you are a delivery driver who was injured while making a delivery, you should be covered by workers’ compensation. If you were driving a company car and engaged in work-related activity, you are likely to be covered. Things may get more complicated if you were on a personal errand or doing something else completely unrelated to your job.
However, if you do not have a work vehicle or company-assigned car, you are generally not covered unless you were engaged in work-related activity. That means you may be covered if you were running an errand for your boss or going to pick something up for your company. Accidents that occur while driving for a work emergency or to get to a meeting or appointment are likely covered as well.
However, an accident during your commute to work or home is unlikely to be covered by the workers’ compensation system.
New Jersey is a no-fault state, which means car accident victims generally file claims with their own Personal Injury Protection (PIP) insurance. If the injuries you suffered were due to an accident in a company vehicle, you may be eligible for compensation through workers’ comp or your company’s insurance policy.
If another driver was at fault for the collision, it may be possible to file a claim against that driver’s liability insurance. However, you would probably only be able to do this after exhausting your employer’s coverage.
If you were at fault for the crash, your employer’s liability coverage would likely pay for damages suffered by the other driver.
It is important to note if you are using your own vehicle for work purposes, your insurance may not cover you.
Due to the complexities involving work-assigned vehicle accidents, it is in your best interest to discuss your case with one of our car accident lawyers in New Jersey.
Your initial consultation is free, and we will review your claim at no cost to you. If you decide to hire us, we do not charge you anything unless we recover compensation on your behalf.
Call today to schedule your free consultation: (800) 518-0508
New Jersey’s workers’ compensation system provides benefits to employees who suffer injuries while doing their jobs. Most workers’ comp claims involve injuries that occurred while employees were at their employer’s main location or worksite.
However, sometimes claims involve injuries that happened offsite, such as injuries that happen while making deliveries or while on business trips. Employees may be unsure if these injuries are covered.
Our experienced New Jersey workers’ compensation lawyers discuss these situations below and the factors that go into eligibility for benefits. If you believe you were engaged in a work-related activity when the injury occurred, you may be eligible for benefits. You can feel free to call our firm to schedule a free consultation and discuss the situation with us.
When it comes to eligibility, there are a few things to remember:
How does that apply to offsite injuries?
To put it simply, if you are an employee of a company that is required to have coverage, and you suffer an injury in the course of your employment, you should be eligible for benefits. The injury may have happened offsite, but you should still be eligible.
Each situation is unique and should be discussed with a licensed attorney. However, these are some examples of situations that may be covered:
Simply using a company car while offsite does not automatically make you eligible for benefits. For example, you cannot recover benefits for an injury during your commute or while engaging in other non-work activities.
In some states, injuries that happen at company-sponsored recreational activities may be covered. For example, employees may be covered if they were injured at a company-sponsored picnic or holiday party.
However, this may not be the case in New Jersey. According to state workers’ comp law, an injury that happens during an employer-sponsored off-duty recreational activity that is not part of the employee’s duties is not covered if attendance at the event was not mandatory. That may mean injuries during things like company fitness programs or team-building events are not covered.
That said, if you planned the event on company time and it was part of your job, you may be covered if you suffer an injury.
Your eligibility for benefits needs to be assessed on a case-by-case basis, particularly with an offsite injury.
However, even if you are unsure about your eligibility, seeking medical treatment right away is a good first step, as it helps to link your injury to your job. This is one of the main things your lawyer needs to prove to validate your claim. Immediate medical treatment can help to stabilize your injury and possibly reduce the risk of further damage.
You should also notify your employer right away. That way if you are eligible, it will be more difficult to dispute the connection between the activity you were engaged in and your job.
Injured workers often have many questions about workers’ compensation benefits. They may wrongly think they are ineligible, or it is not worth filing a claim.
However, a wide variety of injuries qualify for benefits and it is generally best to meet with a licensed attorney to discuss your potential eligibility. The consultation with an experienced attorney is free and comes with no legal obligation.
Free Consultation. No Risk. Call today: (800) 518-0508
Many New Jersey workers have questions when it comes to the state’s workers’ compensation system. One pressing question is if a worker is eligible for workers’ compensation if the worker caused his or her own injuries in an accident.
The workers’ compensation attorneys of Lynch Law Firm, PC further explain eligibility for benefits if you are at fault for your injuries. Request a free, no-obligation consultation to learn more about your legal options.
New Jersey is a no-fault workers’ compensation state, which means you may still be able to obtain benefits regardless if you were at fault for your injuries. These workers’ compensation benefits could include:
If a worker is killed on the job, even if the incident was the worker’s fault, workers’ compensation pays death benefits to certain dependents. Funeral benefits up to $3,500 are also paid.
If you are assaulted at work, you may be eligible for workers’ compensation benefits. Your eligibility for benefits depends on the details of the dispute. If the assault stems from an employment relationship, injuries sustained due to assault in the workplace may be compensated under workers’ comp.
If an assault arises due to a personal relationship with another worker, assault injuries typically are not covered by workers’ compensation. You must show that your injury arose out of and occurred in the scope of your employment. However, the injured party may be able to pursue a personal injury lawsuit against the at fault party to recover compensation for damages related to the injury.
Injuries that arise due to horseplay in the workplace may be covered by workers’ compensation if the injured employee did not instigate or participate in horseplay. If horseplay is considered part of the nature of employment, those involved may have their injuries covered by workers’ compensation if the incident did not deviate from the nature of employment.
If you are injured while on a break from work, your injuries may or may not be covered under workers’ compensation. For breaktime injuries to be covered, they typically must have occurred on company grounds or were otherwise connected to the victim’s employment. This may include:
If you sustained a workplace injury, our New Jersey workers’ compensation lawyers are here to help determine if you are eligible to receive workers’ compensation benefits. Schedule a free consultation to learn what legal rights you have and if you may be able to pursue compensation for your injuries.
If you choose to work with our firm, there are no upfront fees. You only pay us if we are successful in recovering compensation on your behalf.
Contact our office today by calling (800) 518-0508 to get started.
Working in construction can put you at risk for a variety of severe and potentially life-changing injuries. Work sites can be very loud, which can potentially damage your hearing and even lead to hearing loss. Sometimes all it takes is one loud noise to do permanent damage.
Fortunately, workers who suffer hearing loss may be eligible for compensation through the state workers’ compensation program. The experienced New Jersey workers’ compensation attorneys at Lynch Law Firm, PC are here to discuss the situation in a free consultation. We work on a contingency fee basis, so there are no upfront costs to you, and you are not obligated to let us handle your claim. We only get paid if we win compensation on your behalf.
Workers’ compensation covers injuries, like hearing loss, that occur while completing activities within the scope of your job. This includes injuries that result from an accident as well as occupational diseases.
Many conditions in the workplace can contribute to hearing loss, including:
Workers who suffer from a temporary loss of hearing may qualify for temporary disability benefits that equal 70 percent of their average weekly earnings. If the incident resulted in permanent hearing loss or one ear is damaged beyond repair, you may qualify for permanent partial disability benefits. These benefits also consist of 70 percent of your average weekly earnings.
The amount of your benefits depends on the percentage of loss of hearing that you have. Your lawyer may recommend audiometric testing if he or she disagrees with the physician’s analysis of your hearing loss.
If you were not wearing safety equipment that was provided by your employer to prevent hearing loss, your workers’ compensation claim may be denied.
Under New Jersey law, your claim may be denied if your employer can establish the following:
Many factors affect the severity of hearing loss, including the pitch of the noise, the source of the noise, lack of protective equipment and the length of exposure.
Under New Jersey law, the degree of hearing loss for workers’ compensation claims is determined as follows:
If a worker has hearing loss in both ears, the 30dB is subtracted from the average in each ear. Then, this figure is multiplied by 1.5 percent for each ear. The smaller percentage is multiplied by five and added to the larger number. This figure is then divided by six. The final number is the percentage of binaural hearing disability.
New Jersey law permits employers to require employees to undergo audiometric testing if they file a workers’ compensation claim for hearing loss. The employer is responsible for paying for this testing. The employer must give written notice to the employee of this requirement and explain if the employee does not have this testing completed within 60 days that his or her workers’ compensation claim can be denied.
All hearing tests must be performed by a certified audiometric technician. If hearing loss is determined, the employee is then referred for an audiologic evaluation completed by a certified audiologist.
An employee can also pay for his or her own audiometric testing to establish hearing loss.
If you suspect that your hearing loss was caused by your occupation, you can contact the experienced workers’ compensation attorneys at Lynch Law Firm, PC for a free consultation. There is limited time to pursue compensation, so it is important to act quickly.
Contact us today to schedule a free, no-obligation consultation. (800) 518-0508
In New Jersey, workers’ compensation claims may be denied for many reasons. However, a denial is not the end of the road – you have options for pursuing the benefits you may be entitled to.
Below, Lynch Law Firm, PC’s New Jersey workers’ compensation attorneys outline the steps you need to take following a workers’ compensation claim denial.
If your workers’ compensation claim has been denied, contact us to request a free, no obligation consultation. We will help you find out which legal options may be available to recover the benefits you need.
There are many reasons your workers’ compensation claim may have been denied by your employer’s workers’ compensation insurer. Some of the most common reasons include the following:
After your workers’ compensation claim has been denied, you have the right to appeal the insurer’s decision. You will need to file a formal claim petition with the New Jersey Division of Workers’ Compensation (DWC) within two years of suffering a work-related injury. If you have been diagnosed with an occupational disease, the two-year statute of limitations begins when you were diagnosed with your illness.
Within six months of filing your petition, a hearing with a workers’ compensation judge will occur. You may testify and present supporting evidence to strengthen your claim. Once the heading has concluded, the judge will issue his or her decision to approve or deny your claim.
If you do not agree with the workers’ compensation judge’s decision, you may file another appeal with the Appellate Division of the Superior Court in New Jersey.
If you do not wish to file a formal claim petition, you may file an application for an informal hearing with the DWC. If you go this route, you will have an informal hearing in front of the workers’ compensation judge. The workers’ compensation judge will make suggestions, but will not issue a formal decision.
An informal hearing will also provide you the opportunity to address disputes with medical care and permanent disability benefits. If no resolution is found during this process, you may still file a formal claim petition and go through that process, though the two-year deadline for filing your appeal still applies.
Working with an attorney is extremely helpful when appealing a denied workers’ compensation claim. Your attorney will advise you on which route is best to take when filing an appeal and ensure your appeal is filed within New Jersey’s two-year deadline.
Additionally, an attorney will help you gather strong evidence to support your injury claim, including medical documents and expert witness testimony. Your attorney will also use the case he or she builds to represent you during your workers’ compensation hearing.
If your workers’ compensation claim was denied, our New Jersey workers’ compensation lawyers can provide you the legal assistance you need to file an appeal. This may help you recover the benefits you need after suffering an occupational injury or disease.
To learn more about appealing a denied workers’ compensation claim, contact Lynch Law Firm, PC as soon as possible. We will provide you a free, no obligation consultation to review your claim and help you determine your options for recovering the benefits you need. We charge no upfront fees and payment is only due if we recover compensation on your behalf.
Call (800) 518-0508 today.
