Fishman & Fishman, LLC Camden & Atlantic County Attorneys | Personal Injury, Workers Comp 2026-06-09T10:26:25Z https://www.fishmanandfishmanlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1605014/2020/05/cropped-site-icon-32x32.jpg On Behalf of Fishman & Fishman, LLC <![CDATA[What not to say to an insurance adjuster after a car accident]]> https://www.fishmanandfishmanlaw.com/?p=48710 2026-05-12T06:17:31Z 2026-05-12T06:17:31Z Apology may shift fault to you It is natural to apologize after a collision, even when you played no role in causing it. An insurance adjuster, however, may treat an apology or any similar remark as a potential admission of responsibility. Because New Jersey follows a modified comparative negligence standard, the insurer can reduce your compensation based on your responsibility for the accident. Not only that, but if you are more than 50% at fault, you will not be able to recover damages from the other driver. Even a passing comment like "I probably should have been paying more attention" could give the insurer reason to argue you bear some of the blame. Keeping the conversation factual and steering clear of opinions about who caused the accident is generally a more careful approach.

Offhand injury comments can hurt your case

Shortly after an accident, an adjuster may ask how you are feeling. It can be tempting to respond casually or to run through every symptom you have noticed so far, but both approaches can create problems down the road. Many car accident injuries, including soft tissue damage and concussions, do not fully present themselves for days or even weeks after the collision. If you downplay your condition early on, the adjuster may later point to that statement to establish that your injuries were minor. Letting your medical records document your injuries tends to be a more reliable path. A general response—something along the lines of "still receiving medical attention"—is usually sufficient without giving the adjuster specific language to reference later.

Statements can expose inconsistencies

An adjuster may ask you to give a recorded statement shortly after the accident, sometimes presenting it as a routine step. While New Jersey law generally requires policyholders to cooperate with their own insurer, you typically do not need to give a statement to the other driver's insurer. If you do give a recorded statement, adjusters can comb through it for phrasing that conflicts with police reports or medical records. Even small differences in how you describe the accident or your injuries could raise questions about your account.

Early settlement may not reflect full damages

Insurance companies sometimes send settlement offers within days of an accident, occasionally before you have had a chance to assess your injuries or total losses. These early offers often reflect the insurer's goal of closing the claim quickly. That goal may not align with your need for a full scope of your damages. Car accident claims can involve medical bills, lost income, rehabilitation costs and long-term care needs. Many of these expenses take months to fully emerge. Accepting a figure and signing a release could mean giving up the right to seek more compensation if your condition worsens or unexpected costs arise later. If you find yourself in a situation where you need to provide details to an insurer, consulting with an attorney can help you avoid the pitfalls. They can speak with the company on your behalf and negotiate your settlement based on the details you provide.]]> On Behalf of Fishman & Fishman, LLC <![CDATA[Can you return to work while receiving workers’ comp benefits?]]> https://www.fishmanandfishmanlaw.com/?p=48693 2026-03-06T16:24:19Z 2026-03-06T16:24:19Z Your legal right to return to work New Jersey allows injured workers to go back to work before a claim is fully closed. That said, a return to work needs to meet a few conditions:
  • Your injury must have improved enough that you can safely handle some level of work activity without risking further harm
  • The role your employer offers must fall within the medical limitations your doctor has documented
  • Your employer must have a suitable position available, though New Jersey law does not require them to create or offer light-duty roles
Timing also plays a role in this process. New Jersey has a seven-day waiting period before temporary disability benefits kick in, and if your total time away from work exceeds seven days, those payments become retroactive to day one.

The potential impact on your benefits

In New Jersey, temporary total disability pays 70% of your average weekly wage, subject to state-mandated minimum and maximum limits, when you cannot work at all due to your injury. Once you take on light-duty or modified work, this can change in the following ways:
  • If your light-duty pay matches or exceeds your pre-injury earnings, your temporary disability payments will likely stop
  • If your light-duty role pays less than your pre-injury job, the state does not provide a benefit to cover the wage gap
  • If you come back to work in any capacity, medical benefits for your work injury typically continue regardless of your work status
  • If you reach maximum medical improvement, permanent partial disability is a separate benefit that may still apply
It is also worth noting that if your condition worsens after resume working, you may be able to revisit your benefit status and seek additional compensation. Keeping detailed records of your symptoms and any changes in your work duties can help support a future claim or benefit review.

The nonnegotiable role of your treating physician

The employer or its insurance carrier picks the doctor who handles your work-related injury. That doctor assesses your condition and decides when you can return. Your doctor's opinion carries major weight in the process. A full-duty clearance will likely end your temporary disability payments. If the doctor sets light-duty restrictions instead, both you and your employer need to follow them. While you can seek a second opinion, doing so without authorization from the carrier or court means you will likely have to pay for the visit out of pocket. You can request an informal hearing or file a formal claim petition if a dispute arises, but keep in mind you must file a formal petition within two years of your last compensation payment or authorized treatment to protect your rights, as requesting an informal hearing does not stop this clock.]]> On Behalf of Fishman & Fishman, LLC <![CDATA[Some top causes of winter bicycle crashes are actionable]]> https://www.fishmanandfishmanlaw.com/?p=48687 2026-02-13T11:32:37Z 2026-02-13T11:32:37Z 1. Slick road surfaces Ice, snow and slush are even more dangerous for cyclists than they are for drivers. Motorists at least have the protection of an enclosed vehicle and its safety systems if they go off the road or get struck by someone who skids on the ice. Cyclists do not have that protection. Cyclists may want to prioritize traveling on roads where snow and ice removal is prioritized by local authorities. They also likely need to ensure that their bicycles are in safe condition for handling winter roads. Special tires and regular inspections can help cyclists reduce their risk of losing control and crashing due to slippery roads.

2. Lower light levels

The winter sees much shorter days and longer nights. That translates to more dark hours. Cyclists in New Jersey must invest in illuminated front and rear lights/lamps to comply with state law if they intend to be on the road during transitional times of day or after the sun sets. Those lights can also help draw attention during snowstorms, which can also affect visibility on the road. Whenever possible, cyclists may want to ride when the sun is up and there is no active precipitation.

3. Drivers overlooking them

The final safety concern is one of the most common causes of cycling collisions in general. Driver inattention, or the failure to cognitively check for cyclists, can lead to motorists overlooking bicycles in traffic. This cognitive issue is even more pronounced during the winter months, when people generally don't expect to share the road with bicycles. Cyclists have legal rights if they end up hurt due to unsafe drivers who cause crashes. Reporting a winter weather bicycle collision could make it possible for an injured cyclist to hold a driver accountable for unsafe conduct in traffic.]]> On Behalf of Fishman & Fishman, LLC <![CDATA[Can An Injured Worker Get Workers’ Compensation For Injuries Caused By A Coworker’s Horseplay?]]> https://www.fishmanandfishmanlaw.com/?p=48679 2025-11-19T15:50:41Z 2025-11-19T15:50:41Z Workers’ compensation could prove helpful Most employers in New Jersey must carry workers' compensation insurance. Workers’ compensation coverage indemnifies employers and protects against worker lawsuits related to on-the-job injuries. Workers’ compensation benefits include health coverage for work-related medical challenges and disability benefits to replace lost wages. Employees hurt by their co-workers may feel unsure about their rights. Thankfully, workers’ compensation offers no-fault protection. It does not matter who was to blame for a workplace injury. The main factor that determines whether coverage is available or not is whether the medical condition is the result of a worker's employment. Horseplay that leads to a machinery incident or a slip-and-fall can make the injured worker eligible for workers’ compensation. Employees generally need to report their injuries to their employer and ensure that the medical professionals treating them are aware that the injury occurred on the job. Provided that they follow the appropriate procedures, they can seek benefits that help them address their injuries. While people might think that they can hold their coworkers responsible for unsafe conduct at work, a personal injury lawsuit against a coworker may not be an option. Vicarious liability rules generally make employers liable for the negligence of workers while they are on the clock, making a lawsuit against the employee at fault unlikely to succeed in many cases. Those anticipating a complicated workers' compensation claim due to the origins of their injuries may benefit from retaining legal representation. Partnering with an attorney can allow injured employees to focus on their medical recovery instead of worrying about paperwork as they pursue workers’ compensation benefits.]]> On Behalf of Fishman & Fishman, LLC <![CDATA[When violence in a healthcare setting causes workers harm]]> https://www.fishmanandfishmanlaw.com/?p=48667 2025-09-19T16:23:15Z 2025-09-19T16:23:15Z Healthcare workers often face workplace risks of harm that extend beyond exposure to illness and physical strain. One of the most serious threats that many healthcare workers face is the risk of workplace violence.  This concern has seen increased media attention in recent years, partially because statistics suggest that this risk is becoming increasingly pressing over time. Incidents of aggression, whether from patients, visitors or even co-workers, can cause lasting harm to those who provide essential care.  While it would be ideal to have these risks mitigated into insignificance, as long as these risks persist, it is important to have relief available for those affected. In New Jersey, workers’ compensation laws are in place to help healthcare employees recover from workplace-related violence and its related harms. 

Navigating this challenging reality 

Violence in healthcare settings can take many forms. It may involve physical assaults, such as hitting, kicking or biting. In some cases, it manifests as verbal threats or harassment that escalate into dangerous situations. High-stress environments like emergency rooms, psychiatric units and long-term care facilities are especially prone to incidents that result in harm to workers, but no healthcare setting is completely immune from this risk. Workers harmed in these situations may suffer not only physical injuries but also emotional trauma that requires significant time and treatment to overcome. New Jersey’s workers’ compensation system generally covers injuries that occur in the course of employment, and this includes those caused by workplace violence. If a nurse, orderly, technician, or other healthcare worker is assaulted on the job, they may be entitled to benefits such as medical care, temporary disability payments, and compensation for any lasting impairments. Mental health injuries, such as post-traumatic stress disorder, may also be covered if they stem directly from a violent incident. Unfortunately, some employees hesitate to report violence because they worry it is “part of the job” or because they fear retaliation. Others may be pressured by employers to downplay the seriousness of an event. It is important to understand that no worker should have to accept violence as a normal part of their workplace. Working with a skilled legal team to seek rightful compensation can help affected workers move forward from these challenging circumstances in healthy and supported ways. ]]> On Behalf of Fishman & Fishman, LLC <![CDATA[Why workers’ comp claims can be complex for nursing home staff]]> https://www.fishmanandfishmanlaw.com/?p=48664 2025-07-29T15:19:08Z 2025-07-22T11:48:04Z Working in a nursing home can be physically and emotionally demanding. You may spend hours helping residents with daily routines, lifting or repositioning patients, managing medical equipment and responding to emergencies.  As you repeatedly perform these duties under physical and emotional pressure, your chances of getting injured increase. When that happens, workers' compensation may provide the financial support you need to recover. However, the process can be more difficult than expected.

Understanding common workplace injuries

When working in nursing homes, you may encounter several workplace hazards. As part of your daily duties, you may sustain injuries that result from ongoing physical strain or unexpected accidents. For example:
  • Muscle or joint injuries from lifting patients
  • Slip-and-fall injuries caused by wet floors or cluttered hallways
  • Repetitive stress injuries from constant motion
  • Physical trauma caused by combative or disoriented residents
Some injuries happen instantly, while others develop gradually over time. In both cases, they can be severe enough to interfere with your ability to work or maintain your health.

The complexity of the workers' compensation process

Workers' compensation claims may seem simple at first, but several factors can complicate the process, especially when you work in a nursing home. For example, proving that your injury is directly related to your job can be difficult if the pain developed gradually or resulted from repetitive stress. If multiple staff members or shifts share your duties, it may be hard to link your injury to a specific moment or individual. Additionally, your documentation may be inconsistent. Injury reports, care logs or witness statements could conflict or leave out key details, which may slow down or jeopardize your claim. Your employer might also disagree about the severity or cause of your injury, especially if doing so helps limit their responsibility or liability.  These issues can make it harder to present a clear and organized claim. Without proper records and support, you may struggle to prove that your work conditions caused or worsened your injury.

Taking steps to protect your claim

If you experience an injury while working in a nursing home, you may want to take the following actions:
  • Report the injury immediately to your employer
  • Seek medical treatment and follow care instructions
  • Keep records of all documents, forms and communications
You can use these measures to support your claim and stay on track during the review process. If the claims procedure becomes unclear or delayed, consult a workers’ compensation professional who can help protect your rights and guide you through delays, denials and the next phases in your claim.]]> On Behalf of Fishman & Fishman, LLC <![CDATA[The hidden dangers of patient transfer: What nursing home staff should know]]> https://www.fishmanandfishmanlaw.com/?p=48610 2025-05-20T19:56:33Z 2025-05-20T19:56:33Z Assisting residents with mobility can seem routine, but improper techniques expose you to serious physical harm. Transfer-related injuries remain a leading cause of workplace incidents in nursing homes. Recognizing the risks empowers you to safeguard your well-being on the job.

Common staff injuries during transfers

You’re frequently exposed to musculoskeletal injuries like back strain, shoulder tears, and ligament damage. Attempting to move a resident without the correct equipment or assistance increases the likelihood of long-term health complications. Wet floors or unbalanced lifts further exacerbate these risks. Beyond your back, other joints such as knees, wrists, and shoulders endure repetitive strain. These injuries, especially when caused by hurried or improper lifting, can sideline you from work for extended periods and may lead to chronic issues.

Why transfers become unsafe

Understaffing often forces you to move residents without adequate support. In these moments, protocol shortcuts become tempting. You may skip calling for assistance or neglect to use mechanical aids. Even seasoned staff members make errors under stressful, high-paced conditions. Insufficient training contributes to misuse of transfer equipment. You might have used a gait belt or lift before, but a lack of formal instruction increases the risk of an accident. Communication breakdowns also play a role. If your team lacks coordination, the transfer can become chaotic, potentially causing harm to both you and the resident.

How to protect yourself at work

Utilize mechanical lifts and gait belts every time the situation requires them. Don’t compromise your safety by lifting heavy residents unaided. If you notice malfunctioning equipment, report it immediately—prioritizing safety is always worth the brief delay. Prepare the area in advance. Eliminate trip hazards, ensure floor stability, and coordinate the transfer plan with your colleagues. These proactive measures help prevent injury for nurses and ensure smoother, safer movement for patients. Maintaining workplace safety begins with awareness and proper action. When you use the right tools, communicate clearly, and follow correct procedures, you reduce your chances of injury. Safeguarding your health supports your ability to provide consistent, reliable care.]]> On Behalf of Fishman & Fishman, LLC <![CDATA[What should healthcare workers do after a workplace injury?]]> https://www.fishmanandfishmanlaw.com/?p=48611 2025-05-13T15:15:26Z 2025-05-13T15:15:26Z Getting injured at work is never expected, but it happens. As a healthcare worker, it’s important to know the steps to take immediately after an injury to ensure that you’re properly covered by workers' compensation and can receive the necessary care.

Report the injury immediately

After a workplace injury, your first step is to report it to your employer. Under New Jersey workers' compensation law, you must inform your employer about your injury within 14 days of the incident. Failing to report the injury promptly could impact your eligibility for benefits. Even if the injury seems minor at first, report it right away.

Seek medical attention

Your health is the priority, so make sure to seek medical treatment as soon as possible. You should go to a doctor or hospital, especially if your injury is severe. New Jersey law allows workers to choose their doctor for their first visit, but your employer may direct you to a specific healthcare provider for follow-up care if they have a preferred list. You must keep track of all medical visits and treatments related to your injury.

File a workers’ compensation claim

Once you’ve reported the injury and received medical care, you need to file a workers' compensation claim. In New Jersey, this involves completing a formal claim with your employer’s insurance carrier. Your employer should provide you with a claim form, but you also have the right to file directly with the Division of Workers' Compensation in New Jersey if necessary.

Keep records

It’s important to keep detailed records of everything related to your injury. This includes medical records, reports of your injury, communications with your employer, and any costs you incur due to the injury.

Be prepared for an insurance review

Once you submit your claim, your employer’s insurance carrier will review it to determine whether they will approve or deny benefits. If they approve your claim, you may be entitled to compensation for medical expenses, lost wages, and even vocational rehabilitation. If your claim is denied, you can appeal the decision through New Jersey's workers' compensation court.]]> On Behalf of Fishman & Fishman, LLC <![CDATA[How defective construction equipment can lead to serious injuries]]> https://www.fishmanandfishmanlaw.com/?p=48554 2025-06-26T15:19:36Z 2025-04-15T21:24:12Z Construction workers in New Jersey face daily risks on the job. One of the most dangerous threats is defective equipment. When machinery or tools fail, severe injuries can happen very suddenly. Understanding how New Jersey law handles these situations can help injured workers protect their rights and access the benefits they need.

Common injuries from defective equipment accidents

Workers depend on tools like scaffolding, cranes, forklifts and nail guns to complete tasks safely. If a defect causes one of these tools to malfunction, a worker can suffer broken bones, crush injuries, amputations or even traumatic brain injuries. These injuries often require long recovery times and may keep a worker from returning to the job.

The role of workers' compensation

New Jersey workers’ compensation laws provide benefits for injured workers, including those hurt by faulty equipment. A worker does not need to prove fault to qualify for these benefits. As long as the injury happened while performing job duties, the worker can receive medical care and partial wage replacement.

Understanding liability for third-party claims

Sometimes, another party besides the employer may be responsible for the defective equipment. If a manufacturer sold a faulty product, or if a third-party contractor failed to maintain it, the injured worker may pursue a separate claim. This type of claim, known as a third-party liability claim, can make it possible to get additional compensation for lost wages and other damages. Defective equipment on New Jersey construction sites presents a serious danger to workers. Anyone who gets hurt by malfunctioning tools should know that the law offers protection through workers’ compensation and the possibility of a third-party claim. With the right approach, injured workers can recover both physically and financially.]]> On Behalf of Fishman & Fishman, LLC <![CDATA[The timeline of workers’ compensation claims in New Jersey]]> https://www.fishmanandfishmanlaw.com/?p=48551 2025-04-10T11:27:46Z 2025-04-10T11:27:46Z Notification deadlines First, you must notify your employer as soon as you realize you are injured. You might not notice your injury immediately. New Jersey law specifically requires you to report your injury within 14 days. This is generally not a firm deadline. The law goes on to state that you have up to 30 days to report your injury if it will not result in harm to your employer. The sooner you report your injury, the better. The more time that passes before you report your injury, the better chance you give your employer to cast doubt on the true cause of the injury. If your situation makes it impossible to provide notice within 30 days, you can have up to 90 days to report the injury if you have a legitimate reason. Some reasons provided include inability, ignorance of the law, fraud or mistake. For example, your injury may cause you to be unconscious or in a coma for several days or weeks and be unable to report the injury. The law recognized that these situations happen.

Notification requirements

Your notice does not need to be in writing. However, you should give the notice in writing and keep a copy of it if disputes arise in the future. The notice can be given to anyone in a position of authority at your workplace, such as your direct supervisor or a human resources representative. The notice should state your name and the date and location of the injury. Once your employer receives your notice, they are required to report the injury to their insurance company. If they refuse to report the injury, you can contact the insurance company directly or file a claim. When the injury is reported to the insurance company, negotiations to settle the claim begin. The length of time these negotiations take depends on various factors.

Filing a petition

If you do not settle the claim with your employer, you can file a petition with the workers’ compensation bureau. You must file this petition within two years of the date of the incident that caused the injury. The petition must contain specific information about the incident and your employment. Failing to file this petition within two years is usually a permanent bar to workers’ compensation.

The occupational disease exception

An exception to the notice and filing deadlines is the occupational disease exception. An occupational disease is one that arises out of and in the course of your employment and is due to factors associated with your specific place of employment. Examples of occupational diseases include injuries from exposure to toxic chemicals in the workplace and repetitive motion injuries. The workers’ compensation process involves requirements and deadlines. Missing just one of these could delay your claim or cause it to be denied. Being aware of deadlines and following instruction is vital to protecting your rights as a New Jersey worker. You are entitled to workers’ compensation benefits after a workplace injury and following these steps can help you recover benefits as efficiently as possible.  ]]>