When you have been hurt on the job, you have the right to seek benefits under workers' compensation laws. It's important to understand, though, that the workers' compensation laws only apply to injuries caused by the negligence or your employer or a co-employee. If you are injured by the wrongful acts of a third party, you can file a lawsuit in court to recover damages and you won't be limited or restricted by your workers' compensation recovery.
THIRD PARTY CLAIMS FOR WORK-RELATED ACCIDENTS
APPEALS COURT REINSTATES GASTRIC SLEEVE CLAIM
A New Jersey appeals court has reinstated a medical malpractice claim involving allegations of negligence in the performance of "gastric sleeve" surgery. The lawsuit was previously dismissed because the injured party had not filed an affidavit with the court from a licensed and approved specialist stating that the standard of care used in the surgery was substandard. According to the appeals court, the plaintiff had made a good faith effort to comply and should be given the opportunity to meet the standard
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COURT FINDS THAT UNEMPLOYMENT BENEFITS DON'T OFFSET BACK PAY AWARD
The New Jersey Appellate Division has reinstated a jury award for back pay in a claim based on discrimination and retaliation under the New Jersey Law Against Discrimination. The court concluded that a lower court had improperly reduced the jury award by offsetting unemployment benefits against it. The case was sent back to the lower court with the explicit ruling that no deduction or offset was allowed.
CASINO INJURIES NOT THAT UNCOMMON
A trip to Atlantic City-for many, it's the dream of a lifetime, for others it's a favorite escape, and for some it's a nightmare. Though the issue doesn't get a lot of media attention, casinos offer significant potential for serious injury. Here are just a couple examples.
WRONGFUL DEATH CLAIMS--AN OVERVIEW
If your loved one has died because of the carelessness or negligence of another person, you have a right to pursue compensation for your losses. A lawsuit can't bring your loved one back, but it can minimize the financial hardship you suffer as a result.
PROTECTING CHILD WELFARE WORKERS AND EMERGENCY RESPONDERS
Recent vetoes by Governor Chris Christie have left child welfare workers, emergency responders and public safety workers in the lurch, says Ann Twomey, president of the Health Professionals and Allied Employees, the union that represents those workers.
THE DIFFERENT TYPES OF POLICE MISCONDUCT
It's a common misassumption that the terms "police misconduct" and "police brutality" are interchangeable. Under the law, though, police misconduct is a much broader term that includes police brutality. Police brutality necessarily involves the use of force, whether with weapons, batons, feet or fists. Police misconduct can involve any act of a law enforcement officer that is illegal, unethical, unconstitutional or against established employment guidelines.
Recovering Damages for Wrongful Death
Recovery Compensation after the Death of a Loved One
When a loved one dies because of the carelessness or negligence of another person, no amount of money can bring them back. No financial recovery can restore you to the life you had before their death. Nonetheless, you have a right to hold those responsible accountable for their actions, and you have a right to pursue full and fair compensation for your losses.
