Fishman & Fishman, LLC Camden & Atlantic County Attorneys | Personal Injury, Workers Comp 2026-10-30T13:17:38Z 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[How long does workers’ compensation last?]]> https://www.fishmanandfishmanlaw.com/?p=48750 2026-10-30T13:17:38Z 2026-10-30T13:17:38Z Temporary disability benefits last while you cannot work Temporary disability benefits replace part of your pay while you recover. They equal 70% of your weekly wages, within minimum and maximum amounts that the state sets. New Jersey law states these payments continue until you return to work, reach maximum medical improvement (MMI), or exhaust the statutory limit of 400 weeks, whichever comes first.

Permanent partial benefits depend on your disability rating

Some injuries leave a lasting limitation even though you can still work. In that case, you may receive permanent partial benefits. For injuries that affect the whole body, such as back, neck or internal injuries, your disability rating is a percentage of total disability, and your benefits last for that share of up to 600 weeks. A 10% rating, for example, equals 60 weeks. For injuries to a specific body part, such as an arm, leg, hand or foot, benefits follow a separate schedule for that body part instead of the 600-week base. In both cases, a higher rating means a longer benefit period.

Total disability benefits run for 450 weeks at first

If your injury keeps you from working at all, you may qualify for permanent total disability benefits. These also pay 70% of your weekly wages and last for 450 weeks. After that period, payments may continue if you completed any rehabilitation that was ordered and can prove that your disability still makes it impossible to earn wages equal to what you earned before the injury. The 450 weeks are therefore a starting point for these benefits, not always the end.

Medical treatment follows its own timeline

Medical care for a work injury is separate from your wage benefits, so your treatment needs may continue after those payments stop. How long you need care depends on your injury and the care authorized by your employer's workers' compensation insurance carrier or ordered by a workers' compensation judge.

Knowing which limit applies helps you plan ahead

Each benefit has its own end point, and when that point arrives can shape your treatment decisions, your return to work and your household budget. Understanding which limits apply to you may help you prepare before a payment stops. A New Jersey workers’ compensation attorney may help you see where you stand and what to expect next]]> On Behalf of Fishman & Fishman, LLC <![CDATA[Who is eligible for workers’ compensation?]]> https://www.fishmanandfishmanlaw.com/?p=48731 2026-08-28T10:33:06Z 2026-08-28T10:24:42Z New Jersey has some of the most comprehensive workers’ compensation laws in the United States. State law ensures that workers like you have protection regardless of who was at fault for an accident.  If you sustained injuries on the job in New Jersey, you may wonder whether you qualify for benefits. While eligibility depends on a few specific factors, most workers are covered under state law.

The basic rule

In New Jersey, the law requires nearly every employer to carry workers’ compensation insurance. This coverage applies to you if you fulfill both conditions:
  • You work for an employer in New Jersey
  • You suffer an injury or illness that arises within the scope of your employment (it happened while you were doing your job or because of your job)
This coverage extends to full-time, part-time, seasonal and temporary workers. Even if you started working just days before your injury, you still have coverage.

Noteworthy exclusions

Some distinctions may limit a worker’s eligibility to receive workers’ compensation. For example, workers in the independent contractor category do not qualify for workers’ compensation. This is because state law only covers official employees. However, many companies misclassify workers as contractors either by accident or to save costs. It may be wise to carefully assess your status. Other types of workers may not have mandatory coverage, such as business owners (e.g., sole proprietors) or federal employees. If you sustain an injury, always check your coverage and classification.

Taking action

One of the most important aspects of New Jersey law is that workers’ compensation is a no-fault system. You do not need to prove an employer’s wrongdoing to receive benefits. Additionally, you may still get medical treatment and wage replacement if you caused your injury due to your own mistakes. While the law is broad, there are a few instances where you may face a claim denial. After experiencing a work injury, the most important step is to notify your employer immediately. New Jersey allows up to 14 days to provide notice, with a strict final deadline of 90 days. If you face challenges while filing for workers’ compensation, you may wish to seek legal advice to explore your options.]]> On Behalf of Fishman & Fishman, LLC <![CDATA[Can New Jersey totally eliminate traffic deaths by 2040?]]> https://www.fishmanandfishmanlaw.com/?p=48722 2026-06-29T15:54:00Z 2026-06-29T15:54:00Z Safer design reduces impact severity The Target Zero plan uses the Safe System approach, a traffic safety strategy that looks at the whole road system. It considers how road design, vehicle speed, driver behavior, emergency response and safe road users work together. The idea is that people may make mistakes, but the transportation system should reduce the chance that those mistakes lead to death or serious injury. For example, a wide, fast corridor could turn a missed signal into a fatal collision, while better lighting, shorter crossings and clearer lane markings might give a driver or pedestrian more time to respond. This approach matters during routine trips. A driver may pass a school zone, cross a busy intersection or move through an area where turning vehicles share space with pedestrians and cyclists. In those moments, better designed streets may help reduce the chance that one mistake leads to a serious crash.

Statewide planning may focus resources

New Jersey officials are also planning to adopt a statewide approach to make safety infrastructure work more consistently. Local projects often depend on separate budgets and priorities, so one town may improve a dangerous crossing immediately while another might wait years to act. A statewide framework could guide agencies toward areas where fatal and serious injury crashes occur more often. This does not mean every street changes at once. Officials generally compare collision data, travel patterns and roadway layout before choosing where to start. For example, a corridor with repeated pedestrian injuries might need stronger lighting, safer crossings and lower vehicle speeds rather than another warning sign.

The goal gives safety work a clearer standard

Totally eliminating traffic deaths is difficult. Weather, vehicle conditions and driver decisions could all affect each trip. Still, the 2040 goal may change how officials measure progress by shifting attention from isolated incidents to recurring risks within the system. Even if the state does not reach zero soon, the goal might encourage further review of serious crashes for patterns. These patterns may reveal why some locations remain risky and help find ways to make these safer. The goal could also support clear guidance and counsel for those affected when accidents do occur.]]> 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.]]>