Understanding Quid Pro Quo Sexual Harassment

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Under the law in New Jersey, you have the right to be free from sexual harassment in the workplace and can seek compensation if you have been victimized. Your claim can be based on two different legal theories: the creation of a hostile environment based on sex; and what is known as quid pro quo sexual harassment, from the Latin for “this for that.” This blog post looks specifically at what constitutes quid pro quo sexual harassment, and what you can do when you have been the victim of that type of workplace discrimination.

The Basis for a Quid Pro Quo Sexual Harassment Claim

In essence, quid pro quo sexual harassment occurs when there is either a promise of a work benefit in exchange for sexual favors or the threat of a work-related punishment or sanction for the refusal to provide sexual favors. The person making the offer must be a supervisor or superior, one who has the power and ability to impose work sanctions or grant benefits. This is frequently an immediate supervisor or manager, but may be the owner of the company, or someone who has influence over your boss or the owner.

To have a claim for sexual harassment, you don’t need to show that you engaged in any sexual act. Quid pro quo sexual harassment has occurred if your boss, a supervisor or superior made the offer to provide you certain benefits (or to punish you) in exchange for sex. The proposed benefits can include anything related to your work, from hiring and promotions to eligibility for raises, access to training, a new office or additional fringe benefits. Conversely, if a supervisor threatens you with termination, a demotion, the denial of a raise, an undesirable job assignment, or the denial of access to training or other benefits, because you won’t consent to have sex, that can be the basis for quid pro quo sexual harassment claim.

Quid pro quo sexual harassment may involve alleged conduct by a male or female employee, and the harassment can be heterosexual or same-sex harassment.

Contact Mallon & Tranger

We offer a free initial consultation to people in New Jersey who believe they have been subject to quid pro quo sexual harassment. To set up a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

Workers’ Compensation Benefits for Injuries Caused by Dangerous or Defective Products

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Under New Jersey law, if you can show that you were injured and that the injury occurred during the regular course of your employment, you have a right to seek workers’ compensation benefits to cover lost wages, as well as medical expenses. The workers’ compensation laws are designed to provide a more streamlined process for recovering benefits after the negligence of your employer or a co-worker. But what if you are injured because of the malfunction of a tool, machine or piece of equipment? Do you still have a claim against the manufacturer or designer of the defective product? If so, does that prevent you from filing a workers’ compensation claim?

Your Right to File a “Third Party” Claim

If you have been hurt because of the careless design or manufacture of a tool, machine or piece of equipment used in your job, you have what is known under the law as a “third party” claim. The workers’ compensation laws cover only those injuries caused by your employer or a co-worker. For those types of injuries, the workers’ compensation system is your exclusive remedy—you may not file a civil suit to recover for those injuries. There are advantages and disadvantages to this system. While you can start receiving benefits within a couple weeks (provided your application for compensation is approved), you will be limited to a specific benefit, based on your average weekly wage for the past 52 weeks.

With a third party claim, you won’t be limited to a specific damage award, but it can be months or years before you see any compensation, as the case must go through the civil courts, as well as any civil appeals. You can actually file a workers’ compensation and a third party action simultaneously, but you cannot recover twice for the same losses. For example, if you recovered benefits for medical expenses in a workers’ compensation claim, you cannot recover for those same medical expenses in a civil suit.

Contact Mallon & Tranger

We offer a free initial consultation to people in New Jersey who have suffered a personal injury related to work. To set up a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

Workers’ Compensation Benefits for Occupational Illness

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Under the workers’ compensation laws in New Jersey, recovery of benefits is not limited to injuries sustained in traumatic accidents. You can seek compensation for repetitive stress or motion injuries, as well as any losses sustained because of a disease or illness caused by your employment. This blog post provides an overview of the types of claims that may be the basis of an occupational disease claim in New Jersey.

At the Law Offices of Mallon & Tranger, we offer a free initial consultation to anyone who has contracted or developed an illness caused in whole or in part by conditions at work. For an appointment with an experienced New Jersey occupational illness attorney, contact us online or call our office at 732-410-6094 (toll free at 877-320-0692).

Your Right to Recover for an Occupational Illness

You don’t need to suffer a traumatic or repetitive stress injury on the job to qualify for workers’ compensation benefits under New Jersey law. If your job involves exposure to dangerous chemicals or other toxic substances, and you have developed any type of medical condition, from cancer or skin rash to respiratory ailments, you can file a claim for benefits. However, if you previously sought medical treatment for the illness, or if you were actually diagnosed with a the illness before working for your current employer, you can’t recover benefits, unless you can show that your current employment aggravated your condition.

Typical occupational disease claims include Mesothelioma or asbestosis, as well as leukemia or other conditions related to exposure to benzene. Workers’ compensation benefits are also available if you suffer from silicosis or asthma, and you can show that your disease was caused by exposure to particulates or other substances at work.

Other types of illnesses for which New Jersey workers’ compensation benefits may be available include certain long-term allergic reactions, exposure to HIV/AIDS or similar conditions (as a nurse or medical worker), and stress-related heart pathologies.

Contact Mallon & Tranger

We offer a free initial consultation to people in New Jersey who have suffered a personal injury. To set up a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

What Types of Injuries Are Covered by Workers’ Compensation Laws?

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In New Jersey, if you have been injured at work, you have the right to seek benefits for lost wages, as well as for any medical expenses incurred. To recover benefits under a workers’ compensation claim, you must demonstrate that you suffered a covered injury, and that the injury was sustained while you were performing the duties of your job. There are a wide range of injuries that qualify you for workers’ compensation benefits, but there are also specific injuries where you will not be able to obtain compensation.

Covered Injuries

Almost any physical injury sustained on the job entitles you to workers’ compensation benefits. This may include joint or muscle injury, cuts, abrasions, or repetitive stress/motion injuries, such as carpal tunnel syndrome or certain forms of tendonitis. Workers’ compensation benefits can also be recovered for certain types of mental illnesses, provided you can prove a link between your job and your condition. You may also be able to recover compensation for illness arising out of exposure to dangerous or unhealthy conditions at work, including exposure to toxic substances.

Injuries specifically covered by workers’ compensation include:

  • Traumatic brain injury or spinal cord trauma
  • Broken bones
  • Head, back or neck injury
  • Knee, elbow, shoulder, hip, ankle or wrist injury
  • Loss of sight or hearing
  • Scarring or permanent disfigurement
  • Burns
  • Amputation or loss of limb
  • Wrongful death

Situations Where Workers’ Compensation Benefits Are Not Available

As a general rule, you cannot recover workers’ compensation benefits in the following circumstances:

  • You were hurt while engaging in conduct that violated the law
  • You suffered injury because of the use of alcohol or illegal drugs
  • A pre-existing condition will generally preclude you to compensation, unless you can demonstrate that it was aggravated by your current job.
  • An attack by a co-worker or any other person motivated by reasons not related to your job
  • Your own attempts to injure yourself

Contact the Law Office of Mallon & Tranger

We offer a free initial consultation to people in New Jersey who have suffered a workplace injury. To set up a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

Can I Recover Workers’ Compensation for a Repetitive Stress Injury?

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There are many ways that you can be injured on the job. The common perception, though, is that, to qualify for workers’ compensation benefits, you must have been hurt in a traumatic accident. What if your injury didn’t come about because of a single incident—lifting, bending, carrying—but was the result of months or years of doing the same thing over and over? Can you recover workers’ compensation benefits for debilitating injuries caused by repetitive stress or motion on the job? The answer is yes. To qualify for workers’ compensation benefits in New Jersey, you need only show two things: you were injured and the injury happened at work.

Coverage for Repetitive Stress or Motion Injuries

If you run a machine at work, you know that, even with routine maintenance, the machine starts to break down after performing the same operation time and time again. The human body is the same way. The constant repetition of certain types of motions, or exposure to certain types of stress, can overtax your joints and connective tissue, leading to serious pain.

Other types of repetitive motion or stress injuries can be more difficult to show. Repetitive actions using your hands, such as typing, punching a cash register, clicking a mouse or assembling a product, can lead to carpal tunnel syndrome. Repeatedly lifting even a tiny amount can cause inflammation of nerves, particularly when there’s little or no recovery time.

Jobs that put mental or emotional stress on you on a regular basis—working as a law enforcement officer, firefighter or paramedic, for example—can cause a lot of physical stress to your body organs, and can cause heart attack, stroke or other conditions.

Contact Mallon & Tranger

We offer a free initial consultation to workers in New Jersey who have been hurt on the job. To set up a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

What Benefits Are Available as Part of a Workers’ Compensation Claim?

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In New Jersey, when you have incurred a work-related injury, you have a right to pursue compensation for your losses? What types of benefits are available through a workers’ compensation claim? Will workers’ compensation pay for physical therapy or rehabilitation? What if you need pain medication or a surgical procedure? What it you are unable to return to your old job, or to work at all?

At the Law Offices of Mallon & Tranger, we provide comprehensive counsel to people who have suffered any type of injury on the job. If you have any concerns or questions about your rights after being hurt at work, contact our office by e-mail or call us at 732-410-6094 (toll free at 877-320-0692). Your first consultation is free.

Benefits for Lost Income

You are entitled to recover compensation to cover lost wages. The amount of benefits you receive will depend on two factors: whether your disability is total or partial, and whether or not the injury is temporary or permanent. For most people seeking workers’ compensation benefits, the injury is temporary, and the benefits are designed only to replace income until the claimant can return to work.

To qualify for permanent disability benefits, it’s not necessary to prove that you are unable to work all, but only that you are unable to return to your job or a similar one. If the workers’ compensation judge determines that you are totally disabled, you will be eligible for the maximum benefit. If, however, your disability is partial, you’ll receive a percentage of the benefits available, based on the degree of your disability.

Compensation for Medical Care

Worker’s compensation also covers all “reasonable and necessary” medical expenses required because of a work injury. That includes hospital and urgent care treatment, as well as doctor visits, prescriptions and any necessary surgical procedures. Your employer will typically require that you be treated by a doctor the company has chosen, but you can always seek an opinion and treatment from your own physician.

Depending on the circumstances of your injury, you may also be eligible for compensation for special procedures, such as pain therapy or psychological counseling. Worker’s compensation also covers rehabilitation and physical therapy.

Death Benefits

In New Jersey, surviving family members may recover workers’ compensation benefits if a loved one is killed on the job.

Contact Mallon & Tranger

We offer a free initial consultation to people in New Jersey who have been hurt at work. For an appointment, contact us online or call us at 732-410-6094 (toll free at 877-320-0692). We have offices in Freehold, Toms River and Point Pleasant.

Workers’ Compensation—Your Rights during an Insurance Company Medical Exam

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Under the workers’ compensation laws in New Jersey, when you file an application for benefits, you must submit to an independent medical examination by a doctor selected by the workers’ compensation insurance provider. It’s considered an “independent” examination, but the reality is that the doctor has been retained by the insurer (or by your employer) to look for reasons to decline your claim. According, it’s essential that you obtain documentary evidence from the exam, so that false or misleading claims cannot be made.

Prepare for the Examination

The workers’ compensation adjuster will likely prepare and send a letter to the doctor, describing your injury or illness. You have a right to see this letter, so that you know what the doctor has been told.

Make certain you know your family medical history before you go to the exam. The doctor will probably ask you about any injuries or treatment you’ve had before the work accident. Don’t hide the fact that you’ve been hurt before—that’s not necessarily a bar to receiving workers’ compensation benefits.

Be sure you know how the accident happened. If you are unclear, the workers’ compensation may be able to argue that the cause was not work-related.

You Have the Right to Record or Videotape the Exam

This is an absolute right under the law. Don’t be surprised if you receive a letter from the doctor, indicating that videotaping is not allowed. You can ignore that statement—you always have the right to videotape any interaction with the doctor.

You may arrive at the doctor’s office with your video camera, only to be instructed that you are not allowed to film the exam. If the doctor refuses to allow you to videotape the process, you have the right to refuse to submit to the examination.

Contact the Personal Injury Attorneys at Mallon & Tranger

We offer a free initial consultation to anyone who has suffered a needless injury. To set up a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

The Traits You Want in a Workers’ Compensation Lawyer

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When you’ve been injured at work and it seems uncontested that your employer or a co-worker was at fault, there can be a tendency to try to handle the claim on your own. That’s almost always a mistake, as the rules governing workers’ compensation can get tricky in a hurry. You can also expect that your employer and the workers’ compensation insurer will be represented by counsel at all hearings and proceedings.

But what should you look for in a workers’ compensation attorney? How will you know that your lawyer is a good fit? Here are some recommendations.

Look for Experience First

The workers’ compensation system has its own set of rules and practices. It’s not a claim you want handled by someone who’s never done it before. In fact, it’s often the case that the more workers’ compensation claims a prospective attorney has handled, the better it will be for you. Choose a lawyer who makes workers’ compensation a significant component of his or her practice. If it takes up less than a quarter of his time, look for someone else.

Make Certain Your Attorney Has Courtroom Experience

If your claim is initially denied (which happens a lot), your lawyer will need to argue on your behalf at one or more hearings. You need to know that your attorney has the skill, experience and knowledge to protect your rights in any proceeding.

Confirm that the Attorney Has a Plan

Ask your prospective lawyer to outline his or her strategy for obtaining workers’ compensation benefits. If he or she doesn’t have one, find another attorney.

Accessibility is Important, Too

There will likely be times when you have important questions, and you’ll want accurate answers in a timely manner. Confirm that your prospective lawyer will be available when you need to talk.

Contact the Law Offices of Mallon & Tranger

To learn how we can help you if you have been hurt on the job, contact us online or call us at 732-410-6094 (toll free at 877-320-0692). There is no charge for your first meeting. We have offices in Freehold, Toms River and Point Pleasant.

What to Expect at a Workers’ Compensation Hearing

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In the aftermath of a work-related injury, one of the first things you’ll do is notify your employee and initiate the process for receiving workers’ compensation benefits. If you’re lucky, your claim will be quickly approved and you will start to receive benefits within a few weeks. That doesn’t happen very often, though. If you’re like most workers’ compensation claimants, you’ll receive notice that you need to appear at a hearing with the Workers’ Compensation Board. Why would such a meeting be scheduled, and what can you expect to happen at that meeting?

The Reasons a Workers’ Compensation Hearing Might Be Scheduled

If you’ve received notice of a hearing, it’s most likely for one of the following reasons:

  • The doctor chosen by the workers’ compensation insurance company does not believe your injuries should prevent you from working
  • Your employer or the workers’ compensation insurer believes your injury occurred outside of the workplace
  • The amount of benefits to be paid is in question

The workers’ compensation hearing will look, for all intents and purposes, like courtroom proceeding. You have the right to be represented by counsel and you can expect that your employer and/or the workers’ compensation insurance company will have a lawyer present. Both sides have the right to produce evidence, including witness testimony, to address any issues that are unresolved. The referee/judge will listen to all arguments and issue a binding ruling.

Contact Mallon & Tranger

Don’t ignore a personal injury, regardless of how insignificant it may seem. We offer a free initial consultation to anyone in New Jersey who has been hurt in the workplace. For a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

Product Liability Claims for Work-Related Injuries

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Even if you don’t work in a factory or on a construction site, you are probably in contact with a wide range of consumer products every day on the job. In the retail sector, you might work with defective shelving or displays. In a medical practice, there can be a variety of devices and products that put you at risk of injury. Even in an office environment, poorly designed or manufactured chairs, desks and other products can lead to serious injury. What are your rights when you suffer injury at work because of a dangerous or defective product?

Your Right to Collect Workers’ Compensation

The workers’ compensation laws are designed to compensate you for work-related injuries. There are generally only two requirements to qualify—you must have been hurt and the injury must have been suffered while you were on the job. Accordingly, if you are hurt in the workplace because a product was poorly designed or manufactured, you can file a workers’ compensation claim to cover your lost wages and medical expenses. As a practical matter, the workers’ compensation insurance company will pay your benefits, but will seek reimbursement from the product designer/manufacturer through a legal process known as subrogation.

Your Right to Seek Damages in a Civil Lawsuit

The workers’ compensation system is set up to be your exclusive remedy for injuries caused by the carelessness or negligence of your employer or a fellow employee. That means that, if your injuries are caused solely by the wrongful conduct of a co-worker or your employer, you can’t seek additional damages in a court of law—you are limited to what’s available through workers’ compensation.

However, with a product liability claim, there’s customarily an unrelated third party at least partially at fault—the manufacturer or designer of the product. If your injury is caused in any way by the defective design, manufacture or marketing of the product, you can file a civil lawsuit for damages. In fact, you can file a workers’ compensation claim simultaneously with a civil action, though you can’t recover twice for the same loss.

Contact the Attorneys at Mallon & Tranger

We offer a free initial consultation to anyone who has suffered any type of loss or injury as a result of the carelessness or negligence of another person. To set up a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

Our Office Locations

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Freehold

86 Court Street,
Freehold NJ 07728

Telephone: 732-780-0230
Fax: 732-780-5002

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Toms River

250 Washington St
Toms River NJ 08753

Telephone: 732-780-0230
Fax: 732-780-5002

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Point Pleasant

3247 Route 88
Point Pleasant NJ 08742

Telephone: 732-780-0230
Fax: 732-780-5002

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