Personal Injury
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Are You an Independent Contractor or an Employee?
Posted in Personal Injury
What is the difference between being an employee or an independent contractor for workers’ compensation purposes? Actually there is a very big difference because a true independent contractor is NOT entitled to workers’ compensation benefits. In general, an employer retains the right to control the work that employees perform during the course of their work day. An independent contractor is generally responsible to control his or her own work, and the person who hires them to do a service has no control over the way the job is performed. Continue reading
Is a Functional Capacity Evaluation to Return to Work Necessary after a Workers’ Compensation Injury?
Posted in Personal Injury
The words “Functional Capacity Evaluation” do not appear in the New Jersey Workers’ Compensation Statute; however the issue of whether or not an employer can require the exam is one that comes up often in my workers’ compensation practice. Continue reading
How Have Pennsylvania Courts Defined “Serious Injury” for the Purpose of Overcoming “Limited Tort”?
Posted in Personal Injury
As a follow-up to my last post, this post will elaborate on the legal definition of “serious injury” in the context of Pennsylvania “Limited Tort” law. Continue reading
When is a Person Considered a Resident Relative Under an Auto Policy?
Posted in Personal Injury
A “resident relative” is defined under most automobile insurance policies as someone who resides in the household and is related to the insured. Continue reading
Do I have Any Right to Choose my Doctor in New Jersey Workers’ Compensation?
Posted in Personal Injury
Employers are charged with providing immediate medical attention following a work related accident or illness. Continue reading
Can a Landlord Be Held Responsible for Defective Condition Even When They are “Out of Possession”
Posted in Personal Injury
In premises liability cases, property owners often assert what is referred to as the “landlord out of possession” defense. In essence, this defense boils down to an assertion that the property owner does not reside or operate a business at the subject property and therefore cannot be held responsible for an injury resulting from a defective condition that exists on the property. Continue reading
What Qualifies as a Serious Injury?
Posted in Personal Injury
If you selected limited tort auto insurance and later have an accident, you may be prevented from recovering “non-economic” damages such as pain and suffering. However, one of the exceptions to this limitation is if you suffer what is considered a “serious injury.” Continue reading
What is subrogation?
Posted in Personal Injury
After an insurance company has paid benefits to a person injured in an accident, subrogation refers to the process of the insurance company later seeking reimbursement from the person legally responsible for causing the accident. Continue reading
Workers’ Compensation Law and Hernias
Posted in Personal Injury
New Jersey has a particular statute with regard to the compensability of a traumatic hernia. N.J.S.A 34:15-12(c)(23) requires that an employee give notice to his/her employer within 48 hours after the occurrence of the hernia in order for compensation to be allowed. Continue reading
Your Health Insurance Probably Will NOT Pay for Medical Care in Motorcycle Accidents
Posted in Personal Injury
Please get the word out: check your Health Insurance policy language to make sure it covers you if you are injured in a motorcycle accident. Every day I see new clients who have been injured by an irresponsible driver and every day I have to explain, to their surprise, that they do not have the proper insurance to cover their medical bills. Continue reading
