Don’t Be Afraid to File a Civil Worker’s Comp Case

New Jersey Lawyer Now Blog

Don’t Be Afraid to File a Civil Worker’s Comp Case

iStock_000009703092_SmallThousands of people each year are injured on the job. Thousands of employers each year neglect the injured person’s medical recovery expense. If you have been injured at work, and your employer did not cover for your medical expense, you have an excellent civil case to retaliate.  (*Note:  This does not imply to individual contractors).

 What is Workers’ Compensation?

Workers’ compensation is a “no fault” insurance program that provides the following benefits to employees who suffer job-related injuries or illnesses.

-Medical Benefits

-Temporary Total Benefits

-Permanent Partial Benefits

-Permanent Total Benefits

It also provides death benefits to dependents of workers who have died as a result of their employment

NJ State Law on Worker’s Comp Negligence: 34:15-1.

Employees’ right to recover for negligent injury; willful negligence as defense; jury question. When personal injury is caused to an employee by accident arising out of and in the course of his employment, of which the actual or lawfully imputed negligence of the employer is the natural and proximate cause, he shall receive compensation therefor from his employer, provided the employee was himself not willfully negligent at the time of receiving such injury, and the question of whether the employee was willfully negligent shall be one of fact to be submitted to the jury, subject to the usual superintending powers of a court to set aside a verdict rendered contrary to the evidence.

Negligence by the employer can lead to a civil case in law division of the Superior Court of New Jersey. The majority of work related injuries are filed through the workers’ compensation court system which is governed by the New Jersey Department of Labor. Most cases filed by the employee in workers’ compensation court against the employer lead to benefits to that employee. Those benefits may take the form of a cash settlement, temporary benefits for time missed due to injury and medical treatment for on the job injuries paid 100% by the employer (generally the employer’s workers’ compensation carrier). Corey Morano specializes in defending Worker’s Comp Cases you rightfully deserve to win.

If you’ve been neglected from worker’s compensation, you must take action.  Not only is it immoral for an employer to neglect you, it is against NJ State Law!  At the Morano Firm, we are strongly committed to defending clients who have been wrongfully neglected by their employers for injury benefits.  If you’ve been injured at work and believe you’ve been neglected by your employer to pay for your medical expense, Call The Morano Law Firm LLC Today: 201-598-5019 for a no cost, no obligation meeting to discuss your individual case.

Yes, Mental Health Expungement in New Jersey is Possible

Have you been turned down from an employer because of prior mental history?  Denied a Firearm’s ID permit or a handgun permit because of a psychiatric visit?  Background Checks drawing a red flag? Is your mental healpointth record negatively affecting your life?  Relax! There’s hope because there’s a little known remedy to this problem here in New Jersey – it’s called mental health expungement.

Who is eligible for expungement?

According to N.J.S. 30:4-80.8. Petition to have commitment expunged from records:

Any person who has been, or shall be, committed to any institution or facility providing mental health services, or has been determined to be a danger to himself, others, or property, or determined to be an incapacitated individual as defined in N.J.S.3B:1-2, by order of any court or by voluntary commitment and who was, or shall be, discharged from such institution or facility as recovered, or whose illness upon discharge, or subsequent to discharge or determination, is substantially improved or in substantial remission, may apply to the court by which such commitment was made, or to the Superior Court by verified petition setting forth the facts and praying for the relief provided for in this act.

What happens after?

Under N.J.S. 30:4-80.11., if an order expunging a mental health commitment is granted, the commitment shall be deemed not to have occurred and the recipient of the expungement may answer accordingly any question related to the commitment.  In effect, a person’s mental health commitment record is erased and legally deemed not to have occurred.

So how do you know if you are eligible?  Any person that can prove to the Superior Court that their condition has been improved or cured is eligible for mental health expungement.  At the Morano Firm, we are committed to fight for you and your rights the best we can, so that the quality of your life is improved.  If you believe your mental health record is denying you opportunity for employment, or the ability to purchase a firearm, Call The Morano Law Firm LLC Today: 201-598-5019 for a no cost, no obligation meeting to discuss your individual case.

Types of Burn Injuries in the Work Place – New Jersey Workers’ Compensation Attorney on Your Side

According to OSHA, The Occupational Safety Health Administration, over 5000 persons every year are admitted to iStock_000001321767_Smallthe hospital with work-related burn injuries. Workplace burns can range from the minor, burning your hand on a hot plate in a restaurant, to partial electrocuting oneself. No matter the degree or severity or your work-related burn injury, The Morano Law Firm LLC is there to help you. Burns at work often lead to cases decided in New Jersey Workers’ Compensation Court

Although there are hundreds of ways one can experience a burn injury at work, most fall into one of the three common types of work-related burn injuries, thermal, chemical and electrical. These are the types of burn injuries in the work place.

Thermal Burns

Thermal burns are those caused by fires, hot water and explosions. Cooks who work in various types of restaurants are the most frequent victims of thermal burn injuries. A boiling pot of water or sauce, cooking entrees on hot burners and reaching in and out of hot ovens all have the potential for cause burn injuries. Because of the requirement to work quickly, it is not unusual for cooks at a restaurant to get some kind of minor burn every night.

Chemical Burns

Chemical burns are caused when an acidic liquid or chemical comes in contact with the skin. People who work in high tech and assembly lines are often required to solder or otherwise chemically join one thing to another and any error can cause chemicals to come in contact with the skin. A cleaning person who uses caustic chemicals to clean surfaces in home renovations or otherwise everyday cleaning is also exposed to the potential for chemical burn injuries on a daily basis.

Electrical Burns

Electrical burns are when one touches an electrically charged object like a live wire. Electricians are obviously the iStock_000009703092_Smallmost likely to receive electrical burns or worse as they are around and touching live wires all day everyday as a function of their profession. Electricians are highly trained as to the safety precautions that they must take in order to safely do their job.

From burning your hand on a hot plate, to spilling cleaning solutions on yourself, to touching the wrong electrically charged wire, there are many ways in which people can get burned when simply doing their jobs. The Morano Law Firm are experienced New Jersey Workers’ Compensation Burn Attorneys. We know the dangers that you face in simply doing your job everyday, and we will fight for you to make sure that your New Jersey Workers’ Compensation Burn claim is maximized in your favor. Call The Morano Law Firm LLC Today: 201-598-5019

Construction Site Accidents and New Jersey Workers’ Compensation Law

Finding  a top New Jersey Workers’ Compensation Lawyer for Construction Site Accidents is important for the success of your case. Some work places are iStock_000009703092_Smallmore dangerous than others and the precautions that one has to take into consideration to be safe are as different as night and day. Although they can sometimes be the cause of serious, debilitating injuries, office workers have little more than stress, headaches and repetitive motion injuries like carpel tunnel syndrome to worry about. A construction worker, factory worker, farmer or other laborer on the other hand literally put their lives on the line every day when they go to work. Safety precautions to them are first and foremost on their mind as there are so many ways that they can be injured or killed while on the job such as being hit by a falling object, falling off or a beam or scaffolding, or by being electrocuted.

Falling Object Construction Site Accidents
Construction workers must constantly be thinking about being hit by objects falling from above. A worker on a 10-story apartment building for example must be aware that even one brick or bolt falling from a height of over 100 feet could kill them instantly, even if they were wearing their required hard hat. Sometime entire lots of building materials can become unstable, tip over and spill onto the ground floors many stories below, severely injuring or killing unsuspecting construction workers. Large cranes used in construction sometimes tip over in severe weather and this create yet another potential hazard for construction workers.

Falling From Scaffolding Construction Site Accidents
Construction workers are required to work on tall buildings, sometimes many tens of stories high, but I don’t have to tell you that serious injuries and death can occur from falling even one story or about 25 feet while on the job. During the early stages of construction, workers have to walk on narrow planks and scaffolding, carrying heavy tools to build the building’s infrastructure. A strong wind or one miss-step can spell disaster if one is not constantly on guard and aware of the potential for a falling accident.

The Occupational Safety and Health Administration estimates that approximately 25,000 construction workers are injured and 30-40 are killed every year in construction fall accidents.

Source: https://www.osha.gov/Publications/OSHA3252/3252.html

Electrocution at Construction Site Accidents
A major cause of injury and death at construction sites is that of electrical shock. Most machinery like drills and riveters as well as lights run on electricity that has to be established at the site and up to code before construction can begin. Electrical cord stretching hundreds of feet can become frayed, damaged and worn creating an electrical shock hazard. Electrical tools themselves become worn and damaged causing an electrical shock hazard. Also, workers can accidentally come into contact with temporary overhead electrical power lines which can cause instant electrocution, injury or death.

At The Morano Law Firm LLC, we specialize in New Jersey workers’ compensation claims for those who have been injured in work-related accidents or those who have become injured in the workplace over the course of time. We also have experience suing contractors who have cause workers to become injured or killed due to the contractor’s negligence in providing construction workers with a safe work environment. We know workers compensation benefits law thoroughly and we’ll fight the insurance companies on your behalf to make sure you get the just, fair compensation you deserve. Call The Morano Law Firm LLC Today: 201-598-5019 for a no cost, no obligation meeting to discuss your individual case.

Repetitive Stress Injuries in the Workplace – Understanding New Jersey Occupational Claims for Workers’ Compensation

Repetitive Stress injuries are becoming increasingly common in the workplace and are a major source of New Jersey 9Workers’ Compensation claims. We are experienced workers’ compensation lawyers and are knowledgeable in all types of repetitive stress injuries. Computer use, bar code scanners checkout clerks, and fixed position work activities are three of the most common causes of repetitive stress injuries in the work place. These types of claims are also commonly referred to as occupational claims.
Computer Operators
Office clerks employed as data processing technicians read data from physical sources like paper and input that data into a computer program or spreadsheet. They are required type on a computer keyboard for hours on end, day after day, and because their work is seemingly non-physical they are not granted the same number of work breaks as more physically demanding occupations. Computer operators frequently suffer from the debilitating work-related injury of Carpel Tunnel Syndrome which painfully effects the nerves in the wrist and hands. Another profession where Carpel Tunnel Syndrome is common is that of Beauty Salon Hair Stylist or Barber as constantly opening and closing scissors thousands of times per day is a repetitive motion that wears down the sheaths that cover the nerves in the hands and wrists.
Grocery and Department Store Checkout Clerks 
Today’s grocery and department stores require checkout clerks to pass the merchandise that is purchased through scanners that read the bar code and register the sale to charge the customer. What seems on the surface as an easy thing to do is in reality a very stressful activity for the clerk as each piece of merchandise is physically different and bar coded at a different location. The bar code first has to be located and then physically stretched so that the scanner can read it as if it was on a flat surface. This requires dexterity and the use of the small muscles in the fingers and hands. In an eight hour day, a clerk can wait on hundred of customers and scan thousands of pieces of merchandise. Carpel Tunnel Syndrome in check out clerks that use scanning devices is a common and ever-increasing source of worker’s compensation claims nationally as well as in New Jersey.
Fixed-Position Jobs
If you have ever been employed in telephone sales you know what it’s like to have to cock your head to one side or another in order to hold a telephone receiver between your head and your shoulder in order to free up your hands to do other things. Auto mechanics will often have to slide under an automobile to fix a part on the undercarriage and have to support their heads by straining their necks for long periods of time. Sales clerks stand on their feet for hours on end and that can cause circulatory problems in the feet and legs and nerve damage in the back.
These occupations are responsible for the bulk of repetitive motion worker’s compensation injuries in today’s work place. If you are employed at one of these professions or if your job requires you to perform the same motion hundreds of times per day or more, and you are experiencing pain from that activity, you should call us to see if you have a valid claim for worker’s compensation benefits. We will listen to your unique situation and develop a solution that fits your worker’s compensation needs.
Call The Morano Law Firm at 201-598-5019 or email newjerseylawyernow@gmail.com to discuss your case. We can answer all your questions or schedule you for a free consultation today. If you have been injured on the job either in an accident or have developed an injury over time give us a call. If you are injured on the job in any way and don’t look into workers’ compensation you are leaving money on the table. Workers’ Compensation pays 100% of medical treatment for your injury. Although results vary based on your individual case, Workers’ Compensation injuries award money damages. It can be a small injury or a large injury, if it happened while you are working regardless of fault you may be entitled to workers compensation benefits.

39:6B-2 No Insurance Ticket – One Year Suspended License Can Now Be Avoided

N.J.S.A.39:6B-2 has always been a difficult ticket to defend. In my career, when clients and potential clients would ask me about this ticket, I would instantly cringe. Quite simply in the past, the harsh no insurance ticket would mean an immediate suspension of your license for a full year. Other tickets which call for a potential loss of license (DUI, drug charges, driving on suspension, etc.) at least had ways to fight and/or negotiate

On January 17, 2014, Governor Christie signed A-1844 into law as P.L. 2013, c.237. The new law took effect on January 17, 2014. A copy of the law is attached and is available on the Judiciary Infonet under Legal Reference/Legislation Affecting Courts. Below is a summary of the law.
The new law amends N.J.S.A.39:6B-2 to provide that the one-year driver’s license suspension penalty for a first offense of driving without the required motor vehicle liability insurance coverage may be reduced or eliminated by the court if the person provides satisfactory proof of insurance at the time of the hearing. A person who is convicted for a first offense of operating a motor vehicle without the required motor vehicle liability insurance coverage remains subject to a fine of not less than $300 nor more than $1,000 and a period of community service to be determined by the court.

Lower Back Injuries in the Workplace

Lower back injuries can be the be the result of any number of work-related activities. Bending over to pick up a heavyiStock_000009703092_Small object, shoveling or sweeping materials, or hopping in and out of a work vehicle from an elevated cab to name just a few. Of all the work-related injuries that result in workers’ compensation claims, lower back injuries are the most common. If you are suffering from lower back pain as a result of an accident or event at work, or as a result of a repetitive motion that your job requires you to do, give our firm a call. We are experienced New Jersey lower back injury workers’ compensation attorneys and would like nothing more that to see that you are compensated for your suffering. The following are three common types of lower-back related pain caused by work related injuries.

According to http://www.spine-health.com, there are several classifications of lower back pain; Axial low back pain, Lumbar sciatica pain, and Low back radiant pain.

– Axial Lower Back Pain
The most common type of lower back pain is Axial lower back pain. This is the type of pain that is confined to one spot in the lower back and does not travel to other areas of the body. This type of pain can be constant and effect all aspects of your daily life including activities as simple as standing up or walking from one location to another. Axial lower back pain is usually relieved by resting and is acute meaning that it will go away completely in a few weeks if treated properly and allowed time to heal without aggravation. Other times Axial lower back pain can be a precursor to more serious and chronic back pain. Most times however treatment will include complete rest for a period of time usually around 6-12 weeks and ice/heat treatments.

– Lumbar Radiculopathy
Lumbar Radiculopathy or commonly called “Sciatica”, is also a very common form of back pain. It normally occurs as result of the compression of Sciatic nerve. This is a radiant pain meaning you could feel the pain in your lower back, but also think that something else is wrong with your legs as the pain radiates down your buttocks and thighs. One way to suspect that you have a compression of your sciatic nerve is if the pain start in your lower back and only travels down one leg and not the other. Constantly hopping on and off equipment or jumping down off heights for months or years while on the job has been known to cause chronic sciatica pain.

– Referred Lower Back Pain
Finally low back pain with referred pain produces a dull, achy pain that radiates throughout the lower back, groin and legs and makes even sitting or lying down uncomfortable or sometimes unbearable. Unlike Sciatica, radiant back pain is not caused by nerve compression and effects more than one side of the body.

Back injuries can cause permanent or temporary disability and as a result you may have to endure the pain and suffering of surgery and a physical rehabilitation program that could last months or years. You need to get the evaluation of experienced doctors who have seen how serious your particular back injury can be and how it could effect your ability to continue to do your job. Company doctors may or may not have your best interests in mind when evaluating you as they work for your employer or your employer’s insurance company. Their objectives could actually be contrary to yours as they seek to minimize the diagnosis of your claim as well as minimize the financial liability of for the company. You need to get our objective second opinion before filing or settling a workers’ compensation claim.

At The Morano Law Firm LLC, we have clients that have suffered all types of back injuries and have successfully maximized their New Jersey worker’s compensation claims. We know workers compensation benefits law like the back of our hand and we’ll fight the insurance companies tooth and nail on your behalf to make sure you get the just, fair compensation you deserve. Give us a call today for a free no cost, no obligation consultation. Give us a call at 201-598-5019 for a free consultation and discuss your case today.

Cleaning Up that Pesky Criminal Record – Are You Eligible for a New Jersey Expungement?

Many of you probably heard the news in early December that actor/past Calvin Klein model, Mark Wahlberg, askedcrbackground-300x200 the state of Massachusetts for a pardon for his 1988 assault conviction. The more technical term for the pardon he was asking is called is an “expungement” of criminal records. When he was 16, Wahlberg tried to steal alcohol from a man outside a convenience store near his family’s home. He hit a man at the store with a stick and punched another man as he ran from the police. When he was caught, the police found a small amount of marijuana in his back pocket; Wahlberg says he was under the influence of alcohol and narcotics at the time. In short, he was convicted as an adult even though he was 16 with: criminal contempt, assault and battery, two counts of assault and battery by a dangerous weapon and possession of a Class D controlled substance. He spent 45 days in jail as opposed to his initial 2-year sentence. Now 43 years old, he feels that his life and career have turned around for the better and is asking for a pardon. So how does this affect you? Well for most, who are not celebrity figures, millionaires etc. and do not have the luxury of having a secured job regardless of an approved expungement, a record of an arrest or conviction can haunt you or someone you know forever. Applications for schools, jobs, and military service often ask if an applicant has a criminal record. But what is the solution? Well it just so happens that many can actually solve this problem because they may be eligible to clear (expunge) their New Jersey criminal record.

So how do you know if you’re eligible? The answer to this depends on the type and number of criminal records you have. The type of records means whether a conviction was for an indictable offense (generally an offense punishable by 6 months of jail time or more), for a disorderly persons offense (generally an offense punishable by less than six months of jail) , or for a violation of a municipal ordinance. Sometimes if you have just one indictable offense, you may be able to expunge that record as long as he or she has not been convicted of more than two disorderly offenses in New Jersey or any other state. Most of the time, motor vehicle convictions such as driving under the influence of alcohol or drugs cannot be expunged. This is the case because these convictions are not criminal convictions but rather violations of the motor vehicle code. For more information on what can and can’t be expunged, please give the Morano Law Firm a call at 201-598-5019.

 

Traffic Tickets? Hurt in a Car Accident? Lindsay Lohan’s Super Commercial Bowl Reminds You That You Need a NJ Attorney that Can Handle Both!

One of the best Super Bowl Commercials of 2015 was by Esurance, in which“Sorta Mom” Lindsay Lohan commits several traffic violations and is involved in a car accident. She may not have our contact information – but if you are reading this you do! Car accidents and traffic tickets often go hand in hand and that is why you need a lawyer that handles both. When it rains, it pours so, if you have been involved in a car accident and/or have received tickets please give The Morano Law Firm a call at 201-598-5019 today for the firm that handles both! As traffic attorneys we will keep you out of trouble if you’ve got tickets and as personal injury lawyers we will get you compensated for your loss.

So, you’ve got to go to New Jersey traffic Court or Municipal Court for a minor brush with the law? I can be your New Jersey speeding ticket lawyer. Although the entire state operates under the same laws, I know the importance of properly maneuvering through the subtle differences between New Jersey’s 500+ courts. I will work to do everything I can to keep your record clean, your license clean and make sure you get the minimum fine and penalties for your offense. Stay at 0 points and keep those insurance premiums down.  You will have your day in court!
If you have suffered an injury in a car accident you only have a short period of time to take action or your case may be forfeited forever. We have experience representing individuals who have been seriously injured due to the failure of other drivers to use proper care. We will aggressively litigate on your behalf. If you have been injured in a car accident and hire our firm we will take your case on contingency. That means if you don’t get paid – we don’t get paid!

Call The Morano Law Firm, LLC today at 201-598-5019 or email us at newjerseylawyernow@gmail.com.

Personal Injury Cases: Car Accidents during the Winter

As January begins and a colder stage of winter is at our doorstep, let us make sure that we take the proper 9precautions in ensuring safety on the roads. Easier said than done, I know. People, road conditions and the weather can prove to be unpredictable (icy pavement, snow, bad brakes, bad tires, driving too fast, making a rushed turn ect), but we want you to know that you are not alone in the case that an accident does occur.

Personal Injury law allows us to aid in the protection of you and your property if injury or damage is done due to conscious or unconscious acts. Automobile accidents are a common area where personal injury actions take place. If you have a “negligence” claim, or in short, the belief that the other individual failed to do something (obey a light, obey a stop sign, drive at the recommended speed ect) to avoid causing the accident, you have a case.

Now lets say the roles are reversed. You caused the accident, but you reasonably believe that it was not entirely your fault. Who pays for damages? Well we have a response for that too. In the case of such an accident, sure you may be negligent in regards to the accident (you were driving too fast, not paying attention on the road ect), but if the jury finds that you were only liable (responsible) for lets say 70% of the injury (arbitrary number) then you’re only liable for paying 70% of the damages. In short, $10,000 in overall damages means you pay $7,000, a substantially less amount.

Different scenario; you are hit by a delivery driver. Who pays for the damages, the delivery driver or the employer of the delivery driver? Well under the law both may be held liable. The employer bares a responsibility for his employees and damages that occur under his or her watch. So if the delivery driver gets into an accident with you while on duty, you may have a case in your hand.

Now there are many scenarios with personal injury cases, but one thing is certain and that is that you are not alone in handling these situations. At the Morano Law Firm we take great pride in providing genuine care and service for our clients. If you have been injured in an accident, you may be entitled to medical care, property damage repairs and of course a cash settlement. We handle many of these types of cases on a contingency basis, meaning we only get paid if you get paid.  If you have any concerns or questions, regarding a case or other inquiries feel free to call Mr. Morano at 201-598-5019 or send us a message on our “Contacts” section on the top right of the home page. We are eager to hear from you.