Personal Injury
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Consequences of Texting and Driving the “Kulesh, Kubert and Bolis’ Law”
Posted in Motor Vehicle Accidents, Personal Injury
Under a new law called the “Kulesh, Kubert and Bolis’ Law,” proof that a defendant was operating a hand-held wireless telephone while driving a motor vehicle may give rise to the presumption that the defendant was engaged in reckless driving. Prosecutors are empowered to charge the offender with committing vehicular homicide or assault when such type of accident occurs from reckless driving. Vehicular homicide is generally a crime of the second degree, punishable by imprisonment of five to ten years, a fine of up to $150,000, or both. Assault by auto is a crime of the fourth degree if serious bodily injury occurs and a disorderly persons offense if bodily injury occurs. A fourth degree crime is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. The penalty for a disorderly persons offense is imprisonment for up to six months, a fine of up to $1,000, or both. Continue reading
Wire Grill Brush Bristles: A Tiny Menace
Posted in Personal Injury
With the summer grilling season in full swing, you should take a minute and inspect your grill and grill cleaning brush, if you use one, before firing it up for your next barbeque. A small but serious (and painful) culprit has landed people across the country in emergency rooms and even emergency surgery over the past few years: tiny, metal grill brush bristles. The needle-like bristles come dislodged from brushes used to clean grills. Sometimes the bristles stick to the grill. The next time food is placed on the grill the bristles end up embedded in the meat or vegetables, which is then ingested by the unsuspecting barbecue guest. Continue reading
Which States Provides My Workers’ Compensation
Posted in Personal Injury
I live and work in Pennsylvania, but I got hurt in New Jersey. Which state should be providing me with my workers’ compensation benefits? Workers’ compensation benefits are state specific. Pennsylvania is a wage loss state and New Jersey is a disability based state. Therefore, the benefits you are entitled on one side of the Delaware River are much different than the other side. Continue reading
Are You an Independent Contractor or an Employee?
Posted in Personal Injury
What is the difference between being an employee or an independent contractor for workers’ compensation purposes? Actually there is a very big difference because a true independent contractor is NOT entitled to workers’ compensation benefits. In general, an employer retains the right to control the work that employees perform during the course of their work day. An independent contractor is generally responsible to control his or her own work, and the person who hires them to do a service has no control over the way the job is performed. Continue reading
Is a Functional Capacity Evaluation to Return to Work Necessary after a Workers’ Compensation Injury?
Posted in Personal Injury
The words “Functional Capacity Evaluation” do not appear in the New Jersey Workers’ Compensation Statute; however the issue of whether or not an employer can require the exam is one that comes up often in my workers’ compensation practice. Continue reading
How Have Pennsylvania Courts Defined “Serious Injury” for the Purpose of Overcoming “Limited Tort”?
Posted in Personal Injury
As a follow-up to my last post, this post will elaborate on the legal definition of “serious injury” in the context of Pennsylvania “Limited Tort” law. Continue reading
When is a Person Considered a Resident Relative Under an Auto Policy?
Posted in Personal Injury
A “resident relative” is defined under most automobile insurance policies as someone who resides in the household and is related to the insured. Continue reading
Do I have Any Right to Choose my Doctor in New Jersey Workers’ Compensation?
Posted in Personal Injury
Employers are charged with providing immediate medical attention following a work related accident or illness. Continue reading
Can a Landlord Be Held Responsible for Defective Condition Even When They are “Out of Possession”
Posted in Personal Injury
In premises liability cases, property owners often assert what is referred to as the “landlord out of possession” defense. In essence, this defense boils down to an assertion that the property owner does not reside or operate a business at the subject property and therefore cannot be held responsible for an injury resulting from a defective condition that exists on the property. Continue reading
What Qualifies as a Serious Injury?
Posted in Personal Injury
If you selected limited tort auto insurance and later have an accident, you may be prevented from recovering “non-economic” damages such as pain and suffering. However, one of the exceptions to this limitation is if you suffer what is considered a “serious injury.” Continue reading
