Archives for December 2014

Mental or Emotional Injury in New Jersey

Office worker under stressWhen you have suffered a physical injury because of someone else’s carelessness or negligence, the measure of your losses can be pretty straightforward. Things become far more complicated when most of the injury is emotional or psychological. You have a right, though, to pursue damages if the wrongful acts of another person caused you unnecessary stress, anxiety or mental anguish.

The Types of Injuries that Typically Involve Emotional or Psychological Injury

In some situations, the injury is almost exclusively emotional or mental. For example, if you have been subjected to sexual harassment at work, particularly when the harassment results from the creation of a hostile environment based on sex, there may be no physical scars, but the emotional trauma can stay with you for years. You may have suffered no physical injury in an accident, but witnessed great suffering (or even the death) of a loved one.

Often, though, emotional or psychological injury occurs in tandem with physical injury. The disfigurement or permanent scarring resulting from a personal injury may cause you embarrassment, shame or humiliation. After a motor vehicle accident, you may be unable or unwilling to get in a car for a long period of time. It’s not uncommon for most victims of negligence to experience a form of post-traumatic stress disorder after suffering injury because of the carelessness of another person.

The source of emotional, mental or psychological injury can also be physical injury. The human brain is a delicate organ. In almost any type of trauma, from a motor vehicle accident to a slip and fall, there is risk that you will either injure or damage your brain, even when you have little or no other physical injury.

Contact the Law Office of Taylor & Boguski

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

The New Jersey Workers’ Compensation Process

Man in wheelchairIn New Jersey, when you have suffered injury or illness because of work conditions, you have the right to pursue benefits for medical expenses and lost wages. The process, however, can be confusing and intimidating—many legitimate claims are initially denied.

The Steps Necessary to Obtain Workers’ Compensation Benefits in New Jersey

The first thing you want to do when you have suffered a work-related injury is get medical treatment. Even if you think you can keep working, you are better off to notify your employer immediately of your injury, and seek medic al care as soon as possible. You can pursue initial treatment from your own doctor or at a hospital or clinic, but may also be required to submit to an examination from a company-chosen physician.

If you don’t leave work to seek medical treatment, and have not notified your employer of your injury, you must notify your employer before you can become eligible for workers’ compensation benefits. In New Jersey, you have up to two years from the date of your injury or the date of your last paycheck to notify your employer, whichever is later.

Once you have notified your employer, your employer will contact its workers’ compensation insurance provider. The workers’ compensation insurance company will then prepare and file a “First Report of Injury” with the state workers’ compensation office, which initiates, but does not authorize your claim. The insurance company will then conduct an investigation and make a determination as to whether you qualify for benefits. If so, you will be notified that your claim has been approved.

Just because your request for benefits is denied, however, does not mean that you won’t eventually be able to receive benefits. You can request an informal hearing with the New Jersey Division of Workers’ Compensation, asking for a review. Conversely, you can file a formal request, known as a Claim Petition. The denial of your claim by the Division of Workers’ Compensation can be appealed in the state courts in New Jersey.

Contact the Law Office of Taylor & Boguski

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact us online or call us at 856-234-2233.