by NJLawyer | Mar 22, 2015 | Accident Cases
Bloomfield Building
On occasion, a Superintendent of an Apartment Building is injured in the course of performing his or her duties and a question arises as to what are his weekly wages for purposes of calculating his temporary disability benefits in New Jersey.
Under New Jersey Landlord Tenant law, Superintendents of Apartment Buildings are not tenants and they occupy their apartment in lieu of paying rent so long as they remain the Superintendent. If the Superintendent didn’t occupy the Apartment, the Landlord would receive a rent and thus the apartment has a monetary value per month. The rental value of the apartment must to added to establish the wages along with any ancillary benefits the Superintendent receives including free internet, free cable, satellite or fiber optic television service, telephone service, parking space or garage, fees charged for having a pet and other benefits.
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by NJLawyer | Jan 19, 2013 | Accident Cases
The National Transportation Safety Board (NTSB) investigation has revealed that the Seastreak Wall Street commuter ferry had a damaged propeller on it left side. The Seastreak ferry injured 80 passengers including two critically when it crashed into the South Street Seaport’s Pier 11 in New York City.
The NTSB is continuing it’s investigation into the crash interviewing passengers and witnesses of the accident. The Captain of the ferry stated that the vessels approach was normal but that at the last minute there was a loss of control of the vehicle causing it to collide with the dock jolting and throwing passengers leading to injuries.
The NTSB is including in its investigation the company that manufactured the pitch propellers which enable the ferry to slow and steer the ferry when it docks.
NTSB investigators are conducting tests and reviewing data to determine whether the ferry’s engines and propellers which were changed last year contributed to the failure to stop.
If you were injured in the ferry accident, you can call (973) 481-4364 and schedule a free consultation with one of our staff attorneys.
by NJLawyer | Sep 29, 2012 | Accident Cases
New Jersey law, in particular, New Jersey Statute NJSA 39:15-40 provides that an injured worker who recovers monies from a Third Party must reimburse the Workers Compensation carrier monies paid by the carrier including temporary disability benefits, medical bill payments, and permanent disability benefits.
The law was written to prevent an injured worker from recovering twice for the same injury. The reality, however, is that the current version of the law which was recently upheld in an unpublished decision, Greater New York Insurance Company v. Calgano & Associates and John Phillips, New Jersey Superior Court, Appellate Division, Docket No: A-0900-11T4, gives money to insurance carriers that is not justly their money. In the Greater New York case, the Attorney representing the injured worker paid back money to in the insurance carrier but the carrier contended that it had not been paid back the correct amount due it under the New Jersey Third Party Lien law (NJSA 34:15-40). The dispute centered around whether the injured work could deduct the actual costs incurred in pursuing the Third Party or whether the worker was only entitled to deduct a maximum of $750.00 as set forth in the statute. A two-judge panel in the New Jersey Appellate Division found that the maximum amount of actual costs that could be deducted from the repayment of the lien is what was set forth in the statute — $750.00. The injured worker’s attorney had spent $12,767.23 in actual costs in pursuing and settling an action against a negligent party who had caused the injured workers accident (called a Third Party).
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by NJLawyer | Feb 17, 2012 | Injury Articles
A car accident in New Jersey
If you are involved in a car accident in New Jersey, you must be prepared to act properly to avoid getting in trouble.
A driver in New Jersey cannot leave the scene of an accident. If you do leave the scene of the accident you risk getting a Summons which could result in points on your license and loss or suspension of your driver’s license.
If you or another driver is injured, you should if conditions permit immediately call 911 and advise the operator of your location and medical condition. If you are unable to call 911, do not panic and attempt to stay calm as other drivers will undoubtedly pull over to attempt to help you or they will contact the police to advise them of the accident.
If possible, you should pull over into the shoulder of the road as to avoid the danger of being in the middle of the roadway. Being on the shoulder is usually a lot safer than being in the roadway.
If the accident is minor in nature and you are able to communicate with the other driver, attempt to exchange information. At a minimum, you should gather your car registration, your driver’s license and your insurance card which the investigating police officer will need in order to write up a police report. If you cannot find these documents in your car, you can provide these documents at a later date. Every motor vehicle in New Jersey is required to have Automobile Insurance. Failure to have Automobile Insurance is a very serious motor vehicle violation which carries with it a mandatory one-year loss of license.
