Injured on the Job Due to Malfunctioning Equipment in New Jersey

Serving Workers in Trenton, Princeton, Pennington, Lawrence, and East Windsor NJ

Injured on the Job Due to Malfunctioning Equipment in New Jersey?If you are currently suffering from an on-the-job injury, or are in need of medical attention because of faulty equipment or machinery in your workplace, you have more options than you may realize.

If you work with machines in a warehouse, construction site, or factory, you probably feel grateful for the efficiency and speed of all kinds of equipment. Work is done faster and easier with machines’ assistance. Many businesses and industries rely upon machines on a day-to-day basis to get things done.

Sometimes, however, those pieces of equipment and machinery add complexity and risk of injury to the workplace.

Unfortunately, everyday employees are usually the ones that suffer when things go wrong. Fortunately, they do not have to do it alone.

Without their regular income, and with serious injuries sustained on the job, employees and their families depend on workers’ compensation to stay afloat. When these benefits are delayed or denied, people struggle to survive.

To make matters worse, malfunctioning equipment accidents are often caused by the negligence of employers and/or third parties.

Therefore, many injured workers turn to attorneys like those at The Law Office of Kamensky, Cohen & Riechelson to either a) pursue workers’ comp benefits from the employer; or b) to file a personal injury lawsuit against the manufacturer, when appropriate.

Faulty Equipment

Equipment can malfunction in all kinds of ways. The Law Office of Kamensky, Cohen & Riechelson has handled many types of workers’ compensation claims, including ones that involve the following accidents:

  • The worker comes in contact with sharp edges, moving machinery parts, or wiring;
  • The worker is struck by, or collides with, equipment or machinery;
  • The worker becomes trapped or entangled with the moving parts of equipment; or
  • The worker is hit by part or parts of the equipment that become loose and eject from the machine.

Each of these unfortunate events involving equipment or machines can cause serious injury. In many instances, the ramifications of contact with, impact from, or entanglement in a machine can lead to life-damaging injuries. The most common injuries from equipment malfunction include:

  • scrapes, cuts, and lacerationsFaulty Equipment
  • bruises
  • burns
  • dismemberment
  • head, eye, or ear injuries, and
  • damage to nerves or tendons.

After a Workplace Accident

If you are injured on the job, you should not “shake off” or ignore burns, cuts, or head injuries. That’s because more serious or lasting symptoms could develop. Instead, you need to report the incident to your employers, seek medical attention, and file a workers’ compensation claim.

You may suspect your accident was caused by someone else’s negligence (or extreme carelessness), so you may want to speak to an attorney, as well.

When your lawyer has done a thorough investigation, he can help you choose a course of action. If the equipment is faulty, you may be able to recover compensation from its manufacturer. If a person or entity who doesn’t work for your employer (a third party) caused your accident, you may also be able to recover civil damages.

Equipment accidents are complicated, and many factors can contribute to this type of event. Consequently, choosing the right form of legal action can be difficult.

If you were not in charge of designing or maintaining the equipment that harmed you, it might be difficult for you to answer questions about design flaws, and wear and tear.

Fortunately, when it comes to workers’ compensation claims, the one question you need to answer is:

Did the accident occur at work?

Safe Work Environment Around Machines

The Occupational Health and Safety Administration (OSHA) has written specific standards for the operation of equipment. The agency employs a large number of inspectors to enforce these standards, and it imposes fines when a company fails to comply. This does not mean, however, that every machine and piece of equipment in your workplace is up to OSHA’s standards. Employees should inspect equipment or machines before they use them.

Although it is not required under New Jersey workers’ compensation law, in our experience it is best that an employer is notified any time there is a malfunction, defect, or misuse of equipment.

Taking Action

Operation of equipment and machinery in a place of business is clearly work-related activities, and most injured employees receive adequate compensation for medical costs from a workers’ compensation insurance provider.

However, when equipment malfunction causes a long-term or permanent disability, insurance companies often try to settle with employees by offering inappropriately small settlements.

We advise that you call a New Jersey workers’ compensation lawyer before signing any workers’ compensation settlement.

Workers’ Compensation and Personal Injury Lawyer

The Law Office of Kamensky, Cohen & Riechelson has previously represented clients across New Jersey in workers’ compensation claims and personal injury cases, with great success.

Our experience with on-the-job injuries and our knowledge of the reactions of insurance providers and how they process claims could be helpful for your case.

Do not hesitate to call us at (609) 528-2596 or fill out an online form for a free consultation to discuss your workers’ compensation claim.

Emotional Distress and Monetary Compensation in New Jersey

Emotional distress is a type of mental health temporary disorder or anguish experienced due to an incident caused on purpose or by negligence.

Emotional Distress and Monetary Compensation in New JerseyThe court accepts emotional distress as a personal injury that can be eligible for compensation by filing a civil lawsuit. You would need to provide sufficient evidence or proof that someone else is responsible for causing your emotional distress or trauma to validate your claim.

In most scenarios, for an emotional distress claim to be approved, you would be required to have sustained physical injuries due to an incident. However, cases of victims suffering emotional distress damages have recently been deemed valid, even if there is no evidence of physical harm or visible injuries.

Is Emotional Distress Considered Part Of A Claim?

Insurance coverage will cover a portion or all of the damages, depending on the liability determined for each case. Still, there are sometimes left-over out-of-pocket expenses that you also need to consider and honor. You can quickly calculate how much income you have stopped receiving or paid out towards fully recovering from an injury or accident by just adding up receipts, medical bills, invoices, and pay-stubs.

Yet other expenses are less obvious and trickier to predict. When the injury extends to mental wellbeing, it is far more difficult to calculate how much you will require to invest in the future to make a full recovery. When is it advisable to file for monetary compensation to recuperate from emotional grievances in New Jersey?

There are two widespread scenarios:

Emotional and Physical Distress (Pain and Suffering)

Whenever a car accident or slip and fall are due to negligence, the mental health and emotional injuries caused by the event will usually fall under the “non-economic” damages portion of the insurance coverage, which would, of course, include what is known as pain and suffering. No limit or highest rate (“cap”) has been established in New Jersey regarding the total amount of damages you deem suitable.

Intentional Infliction of Emotional Distress (IIED)

In New Jersey, if another party deliberately provokes a scenario to cause you an emotional wreck, it is thus classified as an unlawful act or tort known as IIED or “Intentional infliction of emotional distress.” However, negligence is easier to prove in court than this tort. In the case of Buckley v. Trenton Saving Fund Society, the New Jersey Supreme Court affirmed that to presume another party as liable for intentional infliction of emotional distress, the injured subject is obligated to prove one of the following:

  • The other party performed a reckless or intentional action to cause emotional distress.
  • The other party’s actions were “so flagrant in character, and so severe, as to surpass any possible limits of decency, and therefore considered heinous, and ultimately intolerable in a civilized community.”
  • The other party’s actions caused emotional distress,
  • The emotional distress experienced was “far greater than what any reasonable person is expected to endure.”

Contact our Woodland Park, NJ Pedestrian Personal Injury Compensation Lawyers for a Free ConsultationEmotional and psychological harm, such as but not limited to post-traumatic stress disorder (PTSD), are as equally detrimental and disabling as physical injuries. Stress-related symptoms such as feeling overwhelmed, fatigue, poor problem-solving, social withdrawal, changes in behavior, feelings of sadness, loss of emotional control, and frustration are a few of the many ways in which PTSD may affect your life and therefore be eligible for monetary compensation.

Contact our Woodland Park, NJ Pedestrian Personal Injury Compensation Lawyers for a Free Consultation

If you or a loved one have suffered from extreme emotional distress caused by somebody else’s intentional act or negligence, talk to an experienced New Jersey personal injury compensation lawyer who can assist you in better comprehending and exploring your legal options.

At The Law Office of Kamensky, Cohen & Riechelson, our experienced team of attorneys is ready to stand in your corner.  If you live in Trenton, Princeton, Hamilton, and the greater Mercer County area.  You can call us at 609.528.2596 or contact us through our online contact form.

Smartphone Data Can Impact Your Personal Injury Case

As smartphone usage, capabilities, and technology continues to develop, smartphones and other “smart” devices like smartwatches and sports bands are increasingly playing an important role not only in our everyday lives but in personal injury claims as well.

Considering the amount and types of data that these devices can record, it is no surprise that both insurance companies and injury victims are turning to these devices to supplement, and at times contest, the evidentiary record during the personal injury claims process.

When it comes to your personal injury claim and how the data contained within your smart device can impact the strength or success of your claim, here is what you need to know:

What Information Can the Insurance Company Access on My Smartphone?

Smartphone Data Can Impact Your Personal Injury CaseOne of the most common questions our Mercer County, personal injury clients have of us during the personal injury process is what kind of access and information the insurance company has a right to regarding the data contained on their phone or other types of smart devices.

Unfortunately, there is no definite answer to this question, as the kinds of evidence the insurance company can request during the discovery process depend a great deal upon the relevance of this potential evidence to different areas of your particular case. For example, if you mention that you discussed your injuries or accident with a particular friend, the insurance company may be able to compel you to disclose all of your conversations with this friend, including messaging history on apps like WhatsApp, Line, and Google Hangouts.

Additionally, if there is a question as to your whereabouts at a given time or how your injuries have prevented you from performing certain actions such as routine exercise or traveling, for example, the insurance company can compel you to disclose the GPS record contained within any smart devices they believe you would have had on your person when performing any of these activities.

Smartphones and Your Mercer County Personal Injury Claim

The level of information that your smart devices can contain and the insurance company’s ability to access the information they feel is relevant to your personal injury matter all lead us to several important conclusions.

First and foremost, while honesty with both your attorney and the insurance company is essential during any personal injury claim because much of what you claim can be contested, or verified, using the information contained within your smart device makes it that much more important that you are completely truthful about what happened, how it happened. The affects your injuries have had on your life. Any exaggeration or embellishment you make, if discovered to be such through evidence collected on your smartphone or through any other means, may mean that you ultimately recover much less than you actually deserve, if you can make a recovery at all.

Smartphone Data Can Impact Your Personal Injury CaseSecondly, smart devices can be a double-edged sword. In some cases, the information contained within these devices can help you, and your Mercer County personal injury attorney verify your location at the time of your accident. Maybe the information contained within the smart device of a witness to your accident can verify how the accident happened! Conversely, it may be the case that you accidentally left your phone at your friend’s house, and the insurance company using the GPS data contained within your phone may say that you were actually at your friend’s house rather than at the scene of the accident you are claiming caused your injuries.

Trenton Personal Injury Law Firm Helps Protect Your Smart Device Data and Maximize Your Recovery

The bottom line is that your smart devices, and the information they contain within them, are increasingly playing a more influential role in the success of any personal injury claim you may file for accidents such as car accidents, truck accidents, motorcycle accidents, slip and falls, construction accidents, premises liability claims, and more. This means that your personal injury attorney’s investigative work for you and their ability to present these findings to a court and insurance companies is becoming that much more important due to the increasing availability of information and the access to that information that smartphones and other smart devices are providing.

At Kamensky Cohen & Riechelson, our attorneys have extensive experience successfully recovering full and fair compensation for the victims of the reckless or negligent actions of other parties in personal injury claims of all kinds in towns across New Jersey and Mercer County, including New Brunswick, Trenton, Princeton, Hamilton, and Lawrence.

Practicing law since 1972, our firm has the knowledge, experience, and commitment to attentive and effective service you and your family need to navigate the increasingly complex process of any personal injury claim and ultimately recover the financial compensation that your family needs and deserves.

To speak with our legal team today in a free and confidential consultation regarding your accident and resulting injuries, your options for recovering financial compensation for those injuries, or how the information contained within your smartphone may affect your personal injury claim, please contact us online, or through our Trenton, NJ office at (609) 528-2596.

Key Components and Process of a Personal Injury Lawsuit in NJ

A personal injury lawsuit can cover anything from a medical malpractice case due to a product or procedure that causes harm

Key Components and Process of a Personal Injury Lawsuit in NJAccidents happen. It is a part of life and a part of being human. However, not all accidents have to happen. Because it is our responsibility as citizens of New Jersey to be mindful and careful of our actions, there are laws established to protect those who are injured as the result of someone else’s negligence. When someone is injured in such an accident, it is their right to be able to focus on their healing, resting assured that the finances related to the accident or time lost from work will be covered. A personal injury lawsuit helps the victim of an accident do just this, and the expert guidance of a skilled personal injury attorney can support that process to include finances necessary to ensure a full recovery, even if therapies must continue into the future.

Personal Injury Lawsuits

A personal injury lawsuit can cover anything from a medical malpractice case due to a product or procedure that causes harm, a car accident, a slip-and-fall accident on someone’s property, an animal bite, libel, or defamation. In short, anything that causes physical, emotional, or professional damage could potentially be eligible for a personal injury lawsuit.

In New Jersey, the state Civil Division tries personal injury cases. The outcome of these cases are determined based on a handful of factors:

Medical Expenses

Medical expenses are all expenses that relate specifically to the injury, such as medical procedures, pharmaceutical costs, and lifestyle support changes due to the injury. Such medical expenses could extend into the future; for example, if ongoing chiropractic treatment will be needed to support the full recovery of the victim of a car accident, estimated future costs of therapeutic measures will be taken into consideration in the lawsuit.

Out-of-pocket costs

These costs are expenses that the victim must shoulder in order to get the care and supplies needed due to their injury. There are a wide variety of out-of-pocket costs that a victim may not immediately consider expenses related to the accident, as injury causes subtle shifts in lifestyle necessities that wouldn’t have otherwise been needed. A personal injury attorney will help the victim discern which out-of-pocket costs were directly related to the injury, for inclusion in the claim.

Pain and suffering

Contact Our Mercer County NJ Lawyers TodayContrary to medical expenses and out-of-pocket costs, which are more objective, the cost of pain and suffering caused by the accident are a bit more of a subjective measure. A personal injury attorney will support the victim in determining what the cost of the accident has been on the victim’s psychological and overall well-being; this will include any professional psychological support that needs to be sought due to the accident.

Lost income

After an accident, a victim often must take time off from work in order to tend to physical injuries. This, of course, can cause a financial strain. A personal injury lawsuit takes into account the income lost to date and projected future income lost.

Based on the projections of these four factors, the size of the personal injury claim is calculated. Generally speaking, a personal injury attorney will withdraw some portion of the settlement for their services, meaning that they only get paid when the settlement is reached and the victim receives financial damages. Because of this contingency basis, personal injury attorneys are only likely to take up cases that they believe that they will win.

Following Time Limits For Filing A Personal Injury Claim and New Jersey Shared Fault Laws

New Jersey Revised Statutes 2A:14-2 notes that the Statute of Limitations on personal injury cases is two years. This means that after two years since the accident occurred, a plaintiff who files a personal injury claim will likely not be heard in court. With few exceptions such as extenuating circumstances, this is the general time limit for filing a personal injury lawsuit.

In addition, because New Jersey operates under shared fault laws, if the victim, or claimant, is found to have been partially responsible for the accident, their total financial claim will be reduced by the percentage for which they were found responsible. If they were more than half responsible for causing the accident, they relinquish rights to financial compensation for their injuries.

Contact Our Mercer County Accident and Injury Lawyers Today

At The Law Office of Kamensky, Cohen & Riechelson, our personal injury attorneys are experienced in guiding clients across Trenton, Princeton, Hamilton, and the greater Mercer County area through the process of filing and carrying out a personal injury lawsuit.

To meet with an experienced member of our firm today regarding your accident, please contact us online or through our Trenton office at 609.528.2596.

Will the Coronavirus Have a Lasting Impact on NJ Statutes of Limitation?

Impact of COVID-19 on the Statute of Limitations for Personal Injury & Sexual Abuse Claims in NJ

Will the Coronavirus Have a Lasting Impact on NJ Statutes of Limitation?The term “statute of limitations” is a legal concept that sets a strict time limit on a plaintiff’s right to file a case in order to be considered valid. Since this can be true within both civil and criminal law, the current COVID-19 pandemic and recent stay-at-home orders have left many confused about their legal rights and options, and how they can stay within the legal time frame, especially when filing an accident injury personal injury claim. Unfortunately, this is also the case with many victims of sexual abuse who because of shelter-in-place, had or have been trapped at home with their abusers with limited or no access to social workers, teachers, coaches, doctors, friends, family members or anyone else to whom they might have been able to report the abuse to.

Due to either a fear of retribution, not being believed, shame, self-blame, or uncertainty of resources available to them, many victims of sexual abuse may not speak up or come forward. Despite these factors, now is the time to speak up and speak out about your abuse.

Everyone who is wrongly injured has a right to seek justice. It is vital that victims of abuse and injurious accidents understand these statutes of limitations and act within the legal time frame so that they can get justice or compensation for the trauma and injury that they are entitled to, especially if they need it to help them recover from those injuries. The inability at present to manage the spread of the coronavirus has drastically impacted and restructured aspects of the judicial process, and how people file, so it is challenging to say exactly what will happen if as a result of being infected by the virus or as a result of quarantine restrictions, you missed or were unaware of the statute of limitations for your civil or criminal case.

To speak with an empathetic, resourceful and uniquely qualified attorney and learn more about extensions, if any, to criminal and civil statutes of limitations and how they might impact your case filing, please contact us online today or through our Bensalem, PA offices at (215) 337-4915 for a free and confidential consultation.

Mercer County and Middlesex County Lawyers Help You Understand Options Related to Statute of Limitations

Personal Injury Statute of Limitations

Northeast Philadelphia, PA & Mercer County, NJ Lawyers Can Help You Understand Options If You Exceed Statute of LimitationsThe statute of limitations for personal injury claims in Pennsylvania and New Jersey is generally two years, which means you will have approximately two years from the date of your accident to sue the party responsible. However, for personal injury claims made against government entities – claims filed against the state, county, or city governments must be filed within six (6) months of the accident.

Pennsylvania law contains a discovery rule for personal injury claims, which grants an extension for individuals who were not aware of their injuries right away; which allows for victims to file personal injury claims up to two (2) years after they knew or should have reasonably known that they were injured.

If prior to or during the corona pandemic and state executive orders to self-quarantine you or a loved one were injured in a motor vehicle accidentconstruction accidentdefective product accident, slip-and-fall accident, or sustained a traumatic injury, and you waited to file a personal injury claim because you wanted to limit contact with others, were either unsure about the process or were unaware of the severity of your injuries, you may have a unique situation on your hands amidst the outbreak that an experienced attorney can help you with.

Sexual Abuse Statute of Limitations

Child sexual abuse victims are treated differently under the law. In accordance with N.J.S.A. 2A:61B-1(c) the statute of limitations for a sexual abuse case does not begin until the victim realizes that they were injured as a result of the abuse. This is commonly the case with the delayed discovery of past sexual abuse (i.e., in school or church, etc.) among childhood sexual abuse victims, where this realization or the horrific memory of abuse has been blocked or is recalled during therapy. The stress of the coronavirus has resulted in many seeking therapy to manage or better understand previous mental health issues. Speaking with an attorney as soon as possible can preserve your legal rights and ability to hold your abuser accountable for their actions.

Without talking to an experienced attorney who is up-to-date on the rapidly changing court process, and who can protect your rights and help you better understand the time limit, you may be at a disadvantage as to the alternatives and options of your particular legal matter.

Contact our Experienced New Jersey & Pennsylvania Personal Injury Lawyers for Immediate Assistance

The skilled legal team at Kamensky Cohen & Riec2helson knows how to identify the most keys facts of a personal injury claim and find the evidence needed to prove negligence and wrongdoing. If you or a loved one suffered a serious personal injury and are uncertain about the statute of limitations & filing guidelines, our experienced attorneys are here to help you.

Contact us online or phone (215) 337-4915 to arrange a free and confidential consultation. One of our knowledgeable attorneys will be happy to answer your questions and advise you on the most effective legal options available in your case.