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Q&A

QUESTION:
My husband had an accident at work and got his middle finger cut off.  It is amputated right above the knuckle.  Can he make a claim without losing his job?

ANSWER:
Yes, if the accident resulting the loss of his finger happened in the course and scope of his employment.   It is against the law in NJ to fire someone just because they file a Workers Compensation claim.  If the amputation results in permanent restrictions that an employer cannot accommodate, there may be other remedies available besides the ratings scale amount.

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QUESTION:
I was in a car accident recently that was partly my fault. I looked down to send a text to my Mom and rear ended the car in front. The car that was behind me then rear ended me also and did damage to my car. Is there any way I can recover damages done to my car?

ANSWER:
Yes, if you have collision coverage on your auto insurance policy you can make a claim with your insurance company to get your vehicle fixed.  However, you may be responsible for any collision deductible.  Your insurance company will have the option of bringing a claim in your name, (subrogation), to recover the money paid to fix your car, and if they recover all of the money, they will refund the deductible to you and keep the amount that they paid under the collision coverage.   If the accident has not been reported to your insurance company, then you will need to call the claims department and make a claim. An adjuster will be assigned to work on resolving your claim. It usually takes a couple of months to get a property damage claim fully resolved.  Make sure to follow up with the adjuster frequently.

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QUESTION:
How long do I have to work for an employer before I am entitled to file a workers’ compensation claim if I am injured on my job?

ANSWER:
There is no minimum period of time for which you must be employed before you are entitled to file a workers’ compensation claim if you are injured on the job. There are cases where individuals are injured on their first day on the job, and they are entitled to workers’ compensation benefits. The law provides that the term “employee” means every person engaged in an employment under any appointment or contract of hire or apprenticeship, express or implied, oral or written, including aliens, and also minors, whether lawfully or unlawfully employed, but excludes persons whose employment is both casual and not in the course of the trade, business, profession or occupation of his employer.

 

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QUESTION:
I was rear ended while at a complete stop at a stop sign. I have been to the doctor and diagnosed with a back injury, but have already settled my property damage claim.  Can I still make a claim for my injuries?

ANSWER:
Great question! You may have a bodily injury claim against the driver who was at fault for the accident. I  would recommend that you preserve any evidence related to the accident by taking pictures of your injuries and the damage to your vehicle.  It’s alright to settle your property damage claim before your bodily injury claim. However, you must be careful not to sign any release documents which say “release of all claims” or “release of bodily injury claim.” If you are unsure about a document the insurance company has sent you, please ask an attorney to review it with you.


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QUESTION:
I injured my back in a car accident and settled with the other driver’s insurance company.  I signed a release and have already received my check, but I recently fell down the steps at my home and re-injured my back.  Can I reopen my case after they have settled my automobile claim because my back condition has now worsened?

ANSWER:
Unfortunately, no. Once you agree to settle your automobile injury claim, there is no option to reopen your claim.  The release that the insurance company requires you to sign, before you receive your settlement check, makes clear that the settlement is final.

 

 

The questions and answers on this page are for general information purposes only. They are not intended as, nor should they be considered legal advise.

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