Archives for February 2015

Pursuing Worker’s Comp for PTSD Related to Work

Man under stressPost-traumatic stress disorder (PTSD) claims related to the workplace are on the rise across the United States. For some workers, PTSD can arise as a normal part of the job—a firefighter, emergency room doctor or nurse, or EMT may be exposed to a particularly horrifying accident or injury. Workers in extremely dangerous occupations—construction workers, maritime workers, police officers—may witness the death or serious injury of a co-worker. Sometimes, the violence that triggers PTSD may be wholly unrelated to the job, as in the increasing instances of gun violence in schools and businesses.

As a consequence of exposure to a traumatic event, a worker may begin to experience psychological illness, including headaches, anxiety attacks, sleep deprivation, flashbacks, inability to focus and even nausea or disorientation. When the impact of a traumatic event makes it difficult or impossible to work, can you apply for workers’ compensation benefits until you can return to work?

Many, but not all states allow workers who have developed PTSD as a result of a work-related event to pursue workers’ compensation benefits. New Jersey is one of the states that allows workers to recover benefits for injuries that do not result specifically from a physical injury.

As a general rule, to recover for work-related PTSD, a worker must show that he or she actually witnessed a traumatic event, and that the event was witnessed while the employee was performing his or her job. Typically, the worker must also obtain a PTSD diagnosis from a mental health professional.

One of the challenges with successfully obtaining benefits for work-related PTSD involves the length of time it can take for symptoms to manifest. Frequently, the telltale signs of PTSD don’t appear for weeks, months or sometime years after an event. The longer the delay, the more difficult is can be to get a claim approved.

Contact Us

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.

How to Best Protect Yourself When Divorce is Inevitable

Mother and sonIf you are still married, but it’s clear that the end is near, there are a number of steps you should take to make the process a lot easier on yourself. Here are some of the most important measures.

  • Put together a comprehensive record of your finances—This may be difficult to do, especially if your spouse has taken primary responsibility for financial matters. You may need to contact financial institutions directly, and request documentation from creditors. While you are compiling financial records, request a copy of your credit report and put it in your file.
  • Start saving money, if possible—You will have to pay legal fees as part of the divorce. There may be other expenses as well. In addition, you may have to pay for a new place to live, and to furnish your new residence. The more money you can set aside, the easier it will be to take the final step.
  • Start creating a separate identity—Get yourself a post office box, so that you can communicate with people (such as your lawyer) without the interference or oversight of your spouse. Open your own bank accounts, preferably somewhere other than where you and your spouse have accounts. If possible, get credit cards that are in your name only and contact any existing credit card companies to terminate any cards that have your name on them.
  • Make any necessary changes to estate planning documents—You can execute a new will, declaring any existing will null and void. If you have documents that give your spouse power of attorney or allow him to make medical decisions on your behalf, change those as well.
  • Remove your spouse as a beneficiary on any retirement plans, insurance policies or other financial accounts.

Contact Us

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

Understanding the Common Causes of Truck Accidents

Large truckThe statistics are pretty telling—if you are in a collision with a commercial truck, you have a far greater risk of injury than the trucker. In a study by the NHTSA (National Highway Traffic Safety Administration), almost three-quarters of the injuries suffered in truck-related accidents were to the occupants of other vehicles (other than the truck). Only 24% of injuries and 18% of fatalities involved occupants of the truck.

Here are the most common causes of truck accidents, based on statistics released by the Federal Motor Carrier Safety Administration (FMCSA):

  • Driving under the influence of drugs—More than one in four (26%) truck accidents involved a driver whose reaction time was compromised by the use of prescription or illegal drugs, including drugs used in an attempt to stay awake after long hours on the road. Over-the-counter drugs were a factor in 18% of large truck accidents.
  • Exceeding the posted speed limit—Almost as many truck accidents (23%) resulted when truck drivers exceeded speed limits and could not slow their vehicles down in time to avoid a crash.
  • Mistakes caused by unfamiliarity with roads—In one out of five large truck accidents (22%), the driver acknowledged unfamiliarity with the roads, and cited it as a cause of the accident.
  • Failure to check blind spots—Large trucks have an equally large blind spot. In 14% of the reported accidents, the driver neglected to properly check that there was no one in his or her blind spot.
  • Driver fatigue—Even though there are specific regulations governing the amount of time a trucker can spend on the road, many ignore or intentionally violate the rules. Though the numbers have diminished sharply for the number of accidents caused by driver fatigue, they still make up 13% of all truck crashes.

Contact Us

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.