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Can You Work During Your Personal Injury Case In NJ?

Dealing with a personal injury case in New Jersey (NJ) is complex, especially when it comes to understanding if you can continue working during this time.

This complexity arises from various legal rules and practical considerations unique to each case. 

For those facing this challenge, it’s essential to grasp both the legal guidelines and the real-world implications.

This article offers detailed and easy-to-understand information about managing work commitments while navigating a personal injury case in NJ.

Can You Work During Your Personal Injury Case In NJ?

How Can You Protect Your Job After a Personal Injury

When you get hurt and worry about your job, knowing what to do can be a big help. Here’s how you can protect your job after a personal injury:

  1. Talk to Your Employer: First, tell your boss about your injury. Be honest about what happened and how it might affect your work. If you work at a store on Main Street in New Jersey, let your manager know as soon as you can.
  2. Understand Your Rights: You have rights as an employee. In New Jersey, laws like the Workers’ Compensation Act can protect you if you’re hurt at work. These laws make sure you get the help you need and can return to your job.
  3. Get a Doctor’s Note: A note from your doctor can explain your injury and what you can or can’t do at work. This is important because it gives your employer a clear idea of your situation.
  4. Look into Flexible Work Options: Ask if you can work different hours or do different tasks while you recover. Maybe you can’t lift boxes at a warehouse in Newark, but you could do other jobs there.
  5. Know About Disability Rights: If your injury is serious, you might be covered by the Americans with Disabilities Act (ADA). This means your employer has to make reasonable changes to help you do your job.
  6. Plan Your Return: When you’re ready to go back, talk to your employer about how to do it safely. If you drive a truck on the New Jersey Turnpike, you might start with shorter routes.
  7. Stay Organized: Keep all your medical records and any letters from your employer. This helps if there are any problems later.

How Long After Work Injury Can I Sue

In New Jersey, a specific time limit for filing a personal injury lawsuit is known as the statute of limitations. This period is usually two years, starting from the date the injury occurred. 

It’s important to act within this two-year window. If you wait longer, you might lose your legal right to take the matter to court and seek compensation for your injury. 

This rule underscores the importance of timely legal action to ensure your rights are protected.

Exception

  1. Discovery Rule: If the injury was not discovered right away, New Jersey law may allow the statute of limitations to start from the date the injury was discovered, or should have been discovered with reasonable diligence.
  2. Government Claims: If your injury claim is against a government entity in New Jersey, the time limits are different. Typically, you must file a notice of claim within 90 days of the incident.
  3. Minors: If the injured party is a minor (under 18 years of age), the two-year statute of limitations does not start until they reach the age of 18. However, this extension does not apply to all types of claims, so it’s important to get specific legal advice.
  4. Mental Incapacity: If the injured person is mentally incapacitated at the time of the injury, the statute of limitations may not begin until the incapacity ends.

How Much Can You Sue a Company for Injury

If you’re hurt because of a company’s mistake, you might wonder how much money you can ask for in a lawsuit. It’s important to know that the amount varies depending on the case. Here’s what you should know:

Different Cases, Different Amounts

Each injury case is unique. If you slipped at a supermarket on Broad Street in Newark, the amount you can sue for might be different from someone injured by a faulty product at home.

Types of Damages

You can sue for different kinds of damages:

  1. Medical Costs: This covers your doctor bills, hospital stays, and any treatment you need. If you broke your leg at a construction site in Jersey City, all your medical expenses related to that injury can be included.
  2. Lost Wages: If you can’t work because of your injury, you can ask for the money you would have earned. For example, if you’re a teacher in Trenton and miss a month of work, you can claim the wages you lost.
  3. Pain and Suffering: This is for the physical and emotional stress caused by your injury. It’s harder to put a number on this, but it’s a big part of many lawsuits.

Average Settlements

While amounts vary, small claims usually range from $3,000 to $75,000. More serious cases can go much higher, sometimes into millions of dollars.

Caps on Damages

Some states have limits on how much you can sue for, especially for pain and suffering. But in New Jersey, there are no caps for most personal injury cases.

See also: Can you sue for pain and suffering in NJ?

How Can I Deal with Serious Injury in NJ

If you get seriously injury in New Jersey, it’s important to know what steps to take. Here’s a simple guide:

  1. Get Medical Help Right Away: Your health is the most important thing. If you’re injured, say, in a car crash on the New Jersey Turnpike, get to a hospital or see a doctor as soon as you can. Quick medical care can make a big difference in your recovery.
  2. Follow Doctor’s Orders: Listen to what your doctor says and follow their advice. This might include taking medicine, going to physical therapy, or resting. Doing what your doctor suggests is key to getting better.
  3. Document Your Injury: Keep a record of your injury and how it affects you. Write down your doctor visits, how you feel each day, and what you can or can’t do because of your injury. If you used to walk to work in downtown Trenton but now can’t, note that down.
  4. Report Your Injury: If your injury happened at work, report it to your employer immediately. This is important for workers’ compensation claims.
  5. Consider Legal Advice: If someone else caused your injury, think about talking to a personal injury lawyer. They can help you understand if you have a case and what steps to take.
  6. Seek Support: Dealing with a serious injury can be hard, not just physically but also emotionally. It can help to talk to friends, family, or a counselor. Support groups can also be a good place to share your experiences and get advice.
  7. Plan Financially: Serious injuries can affect your ability to work. Look into options like disability benefits or insurance coverage. This can help ease financial stress while you recover.

What Should I Do If My Injury Lasts a Long Time?

Based on a 2023 report from ON The MAP, which uses data from the CDC, there are about 39.5 million cases in the US every year where people get hurt and need medical help. This is like having about 126 people out of every 1,000 getting injured and needing a doctor.

So be careful about accidents and personal injuries, while in an accident if your injury persists:

  • Continue Medical Treatment: Follow your doctor’s advice and keep records of your treatment.
  • Update Your Legal Case: Inform your attorney about the prolonged nature of your injury.

Does Requesting Paid Leave Lead to Employment Termination?

Requesting paid leave usually does not result in job loss, thanks to laws protecting employees. The Family and Medical Leave Act (FMLA) and New Jersey state regulations ensure eligible workers can take unpaid leave for certain family and medical situations without fearing termination. 

In fact, according to the National Partnership for Women & Families, about 20% of U.S. workers took FMLA leave.

According to the U.S. Department of Labor’s most recent survey on the Family and Medical Leave Act (FMLA), approximately 15.3 percent of the workforce takes leave for an FMLA-qualifying reason each year​​. 

This figure highlights the extent to which employees utilize their legal rights under FMLA for various family and medical reasons without it typically leading to employment termination. 

These laws provide job security during absences for reasons like personal health issues or caring for a family member, safeguarding employees’ positions during these critical times.

How Can I Get Compensation from an Insurance Company in a Personal Injury Case in New Jersey?

Getting compensation from an insurance company for a personal injury in New Jersey can be a process, but knowing the right steps can make it easier. Here’s a simple guide:

  1. Report the Injury: First, tell the insurance company about your injury. For example, if you were in a car crash on Garden State Parkway, report it as soon as possible. This starts your claim.
  2. Gather Evidence: Collect all the information about your injury. This includes photos from the accident scene, a police report if you have one, and details of where and how the injury happened.
  3. Medical Records Are Key: Keep all your medical records and bills. These show how serious your injury is and how much it has cost you. If you went to a hospital in Newark, keep records of your visits and treatments.
  4. Understand Your Policy: Read your insurance policy carefully. It tells you what is covered and how much you can get. If you don’t understand it, you might ask someone to help explain it to you.
  5. Get a Written Estimate for Repairs: If your property was damaged, like your car in a crash, get a written estimate for the repairs. This helps you know how much to ask for.
  6. Keep Track of Lost Wages: If you couldn’t work because of your injury, calculate the money you lost. This includes not just your salary but any other benefits you missed out on.
  7. Write a Demand Letter: After gathering all your information, write a letter to the insurance company. Explain your injury, how it happened, and what you want as compensation.
  8. Consider Legal Advice: Sometimes, dealing with insurance companies can be tough. You might think about getting a lawyer, especially if your injury is serious or the insurance company is not offering enough.

Contact Personal Injury Attorney in New Jersey

Contacting a personal injury attorney in NJ is advisable to:

  1. Understand Your Rights: An attorney can explain your legal rights and options.
  2. Maximize Compensation: To get the most out of your claim, teaming up with a pro like Rosengard Law is a smart move. They’re like financial detectives, uncovering every penny you’re owed. 

With their legal smarts, you’re not just hoping for fair compensation but setting yourself up to get it.

FAQs

How Long Should You Stay at Work After a Personal Injury?

Per the doctor’s advice, stay at work as long as it is medically feasible. Each case is unique and depends on the nature of the injury.

How to Maintain Confidentiality in Personal Injury Cases?

To maintain confidentiality, avoid discussing case details publicly and ensure secure communication with your attorney.

Conclusion

A personal injury case while working in NJ requires a careful balance of legal knowledge, communication with your employer, and, if necessary, legal representation.

Understanding your rights and responsibilities, alongside the guidance of a skilled attorney, can significantly impact the outcome of your case and your ability to work during this period. 

Remember, each case is unique, and seeking personalized legal advice is always recommended.

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