Criminal Lawyers | Personal Injury Lawyer NJ | Work Injury for NJ

In New Jersey, workers’ compensation is a “no fault” insurance program that provides benefits to an employee who suffers a job-related injury or illness. This means that if you are injured at work, regardless if it was your fault, you can receive benefits. Some of these benefits include:

• Medical Benefits
• Temporary Total Benefits
• Permanent Partial Benefits
• Permanent Total Benefits

The first thing you need to do is notify your employer immediately. Speak with your manager, supervisor, or someone with authority at your place of work. This notification does not have to be in writing, but it may be to your advantage to keep evidence that you have notified your employer. If you need immediate medical treatment, you should request this from your employer as soon as possible. Under New Jersey workers’ compensation law, your employer and/or their insurance carrier has the option to select the physician or physicians to treat you for your work-related injury. Just as importantly, contact an attorney to protect your rights.

Yes, you need a workers’ compensation lawyer. After your work-related accident or injury, there may be disputes between you, your employer, and their insurance carrier over your entitlement and eligibility for benefits. A competent New Jersey workers’ compensation lawyer will advise you of your rights, file a claim petition with the Division of Workers’ Compensation, and ensure you receive the medical treatment and payment of benefits you deserve. There are no up-front costs for hiring a workers’ compensation attorney, as attorneys in New Jersey are prohibited from charging a fee in advance for legal services. These fees can only be awarded by a workers’ compensation judge, and are usually limited to 20% of the judgment, which is payable from your settlement and split between the employer and their insurance carrier.

There are many ways to successfully defend a client. Defending a client from criminal charges depends on the facts and takes experience, knowledge of the law, and good judgment.

First, it is always the prosecutor’s burden to prove an accused guilty beyond a reasonable doubt. An accused does not have to prove anything. He or she does not have to present witnesses, does not have to cross-examine witnesses and does not have to present evidence because a prosecutor is required to prove each and every element of an offense beyond a reasonable doubt, including criminal intent. If the prosecutor is unable to meet that burden, the client has been successfully defended and a jury will not convict the client.

A winning defense can take many paths. If evidence was seized illegally, such as controlled dangerous substances in a motor vehicle stop, a defense can be mounted that the stop, search, or seizure was illegal, without probable cause and therefore unconstitutional. If a judge determines that a stop, search, or seizure was without probable cause the judge will “suppress” the evidence so that it cannot be used in the prosecution of the case. Without evidence, there is no case.

Sometimes presenting a successful defense is simply a matter of witness or evidence credibility. For example, a client is accused of doing something, like committing an assault. The client’s position may be that he acted in self-defense or defense of another. Those are affirmative defenses, which if credible, will raise a reasonable doubt as to the guilt of the client. Another effective strategy is impeaching the credibility of the accuser. It may be that the accuser made prior inconsistent statements, doesn’t have a good recollection of events, or their statement simply doesn’t make sense. In almost every case, credibility is a critical factor, whether the credibility of law enforcement, an accuser, eyewitness, etc. If witnesses or evidence are not credible, a prosecution will fail.

Other times, a successful defense can be more complicated. For example, if scientific, technical or other specialized knowledge will help a jury understand evidence or determine a fact in issue, an expert who is qualified by knowledge, skill, experience, training or education may help a client successfully defend their case.

There is no one size fits all defense. Each case is unique on its own facts, and those facts will help determine what defense will best assist the client.

As a general rule, if the police contact you you should respectfully decline to cooperate or give a statement until you have discussed your situation with an attorney. You have a constitutional right to remain silent, and law enforcement cannot force you to cooperate or give a statement. Exercising your right to remain silent is many times the best thing you can do.

Some of the strongest evidence that prosecutors can introduce into evidence against an accused is the accused’s own incriminating or inconsistent statement. After discussing your matter with an attorney, it may be in your best interest to cooperate and give a statement however you should not make the decision on your own. More often than not, when an individual cooperates and gives a statement, it backfires and becomes the most devastating evidence the prosecutor has because it is incriminating, inconsistent with the evidence or just not credible.

An experienced attorney can help you make the decision on whether to cooperate or not. Even if you decide that cooperation is in your best interests, having an attorney in the room when being questioned keeps the playing field level, and prevents law enforcement from trying to trick you or intimidate you.

Individuals are able to file personal injury claims if they have endured an injury as a result of someone else’s carelessness, recklessness or negligence. The injury may occur at any place and by any means – whether in a car accident, or by slipping on a wet floor in an office building.

The value of an injury claim varies from case to case. It hinges not only on the severity of the injury itself, but also the strength of the evidence establishing the liability of the party at fault – the details matter greatly. Generally speaking, however, a claim’s worth is based on a few key considerations:

• Past and future medical bills
• Lost wages and lost earning capacity
• Pain and suffering