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 The reality, however, is that the current version of the law which was recently upheld in an unpublished decision, Greater New York Insurance Company v. Calgano & Associates and John Phillips, New Jersey Superior Court, Appellate Division, Docket No: A-0900-11T4,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 | Aug 6, 2011 | Accident Cases
In New Jersey, injured workers must prove two things before being entitled to Workers Compensation Permanency benefits.
First, the injured worker must provide objective medical evidence of restriction of the body or a part of the body. Secondly, the injured worker must prove either a lessening to a material degree of working ability or substantial impairment of non-work activities.
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by NJLawyer | Jun 18, 2011 | Accident Cases
In 1996, Honorable Sylvia B. Pressler, Presiding Judge of the New Jersey Appellate Division wrote an opinion in the matter of Mendonza v. Monmouth Recycling, holding that an injured worker was not barred from receiving New Jersey Workers Compensation Benefits by the mere fact that he was out of status or as commonly referred to as “illegal”.
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by NJLawyer | May 30, 2011 | Accident Cases
As if having a work accident wasn’t bad enough, some employers try to ignore or hide that their employee was injured in the course of their employment. Insurance carriers do not take kindly to an employer fails to report an accident. Workers Compensation insurance carriers are generally well equipped to handle worker injuries but the failure of an employer to timely report the accident to the insurance carrier often leads to unnecessary additional costs to the carrier.
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by NJLawyer | May 30, 2011 | Accident Cases
Many individuals have been lead to believe that it is easy to bring a lawsuit against a doctor for malpractice. This notion is mistaken. New Jersey has one of the toughest laws protecting doctors from frivolous lawsuits.
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