Gregg Wisotsky, Esq.

Personal Injury Lawsuits Against Employers for COVID-19 Infections

August 19, 2020 by Gregg Wisotsky, Esq. Leave a Comment

Suing Your Employer for Getting COVID-19 at Work

Even though the jobless rate in New Jersey has spiked to over 16%, there are still countless employees who have needed to show up in person to work during the COVID-19 crisis. Many of them have contracted the virus at work as their employers were lax about protecting them on the job. You may be wondering whether you can file a lawsuit against your employer instead of seeking workers’ compensation benefits.

Your Lawsuit Must Be About More Than Negligence

Like the response to many legal questions, the answer to the inquiry of whether you can sue your employer for not taking the proper COVID-19 precautions is complicated. Ultimately, it would depend on the level of blame that the employer bears for the fact that you contracted COVID-19 on the job. Nevertheless, you would need to go well beyond showing that your employer was negligent in failing to protect you.

In general, it is very difficult to file a personal injury lawsuit against your employer. This is because the workers’ compensation system gives them a certain level of protection from any lawsuit that an employee would file. If a worker is injured on the job, and getting coronavirus at work would count as an injury, their exclusive remedy is to file a workers’ compensation claim.

Try to Find Lawsuit Grounds

You cannot file a standard personal injury lawsuit on the theory that the employer was negligent in failing to protect you. While you can receive workers’ compensation benefits under those circumstances, you would likely get more in payment in a personal injury lawsuit. This is why some victims will want to find a reason to try to file a lawsuit instead of a workers’ compensation claim.

In New Jersey, there are some limited circumstances under which an employee can sue their employer. Instead of just showing negligence on the part of their employer, they would need to prove that their employer acted with gross negligence. This is a much higher standard that is not always easy for a plaintiff to meet.

The Employer Must Have Acted Deliberately

While negligence can cover omissions or carelessness, gross negligence requires that the employer acted with some sort of intention or deliberate conduct. In other words, your employer needs to know that their employees are facing risks and deliberately ignored these risks in failing to protect the employees.

This is not an impossible standard to meet when it comes to preventing COVID-19 outbreaks at work. While many employers have since cleaned up their act as more information about the pandemic has been released, there are countless stories from the earlier days when employers sent their workers on the job without any personal protective equipment. Moreover, some employers forced their employees to work close together when they knew that COVID-19 was a highly contagious disease. Some supervisors forced employees to come into work even when they were showing symptoms of being ill. Each of these may be considered as deliberate conduct if the case goes to trial.

Again, it is not easy to win a personal injury lawsuit against an employer no matter the circumstances. This is the reason why workers’ compensation exists. However, there have been cases in New Jersey where employees have been successful. For example, a New Jersey court allowed an injured employee to sue when their employer willfully ignored federal safety rules.

Of course, COVID-19 is an unprecedented situation, so it is too soon to tell how courts will treat the normal rules. A Morristown personal injury lawyer can advise you as to the possible merits of your case. You should be prepared for some uncertainty along the way as courts’ legal approaches to this issue are still unknown.

To learn more about whether your employer may be liable for your case of COVID-19 that you got on the job, contact the Morristown personal injury lawyer Gregg Wisotsky at (973) 898-0161 to schedule your free initial consultation. We have offices throughout New Jersey.

COVID-19 and Its Effects on the Police

August 1, 2020 by Gregg Wisotsky, Esq. Leave a Comment

How COVID-19 Is Affecting Police Officers

With the rapid spread of COVID-19, law enforcement agencies are racing to keep their officers and the public safe from the virus. Many criminal justice advocates have focused on the need to reduce jail populations, and others are suggesting changes to the way police handle calls for assistance in the community. With these changes, the coronavirus pandemic could have a lasting impact on law enforcement in the United States.

Taking Steps to Stay Safe

COVID-19 has affected almost every aspect of our daily lives, including how police and other officials handle emergencies in the community. These problems do not come without added expenses for the agencies. In fact, the COVID-19 pandemic is so costly that Congress included about $850 million in the CARES Act to help law enforcement respond to and prevent a coronavirus outbreak in their communities. During these challenging times, many jurisdictions are ensuring that certain people will not be sent to jail. Serious offenders are still being arrested, but those who commit nonviolent crimes are often allowed to return home. Law enforcement agencies are modifying their practices to maintain physical distancing to keep the public and officers safe.

While keeping the community safe, law enforcement agencies are feeling the effects of the virus on their officers. For example, over 2,000 New York City police officers have tested positive for the virus with 20 percent in the ranks reporting being ill. Detroit has placed over 350 officers in quarantine as 400 police officers returned to work after sick leave.

If police agencies want to keep everyone safe during this pandemic, they will have to modify their practices. When making decisions, many law enforcement agencies are applying the “do no harm” model to their practices from making arrests to the use of force in the field. Today, an arrest is now seen as a last resort. By limiting the use of handcuffs, both the police officer and the accused will stay safe from an infection of COVID-19.

However, some people believe that incorporating physical distancing and other changes will harm public safety. While there is a cause for concern, police agencies are making minor adjustments to protect their staff and officers from the virus as they continue to serve the community. It is also vital for these departments to enact changes consistently. By doing so, law enforcement agencies can stop the spread of COVID-19 as they continue to protect the community.

Potential Changes to Law Enforcement

If a law enforcement agency wants to stop the spread of the virus, it will have to implement these policy procedures. In some cases, these measures might have a permanent effect on policing in America. During the virus outbreak, many people have called on police to reduce the number of custodial arrests and police stops. In some police departments, officers have been instructed to handle only the most serious calls and minimize stops for those low-level crimes.

In Philadelphia, officers were instructed to delay arrests for nonviolent crimes, such as narcotics offenses, burglary and prostitution. Washington D.C. officers issued citations and released individuals for a wide variety of crimes to reduce the number of custodial arrests in their jail systems. While this might be seen as an emergency measure, some agencies could continue with the practice to reduce jail overcrowding and keep the amount of contact between the police and the community to a minimum.

Police budgets continue to be a hot topic in many communities. There have been calls for officers to limit the number of in-person calls. Some people have suggested that to reduce the spread of COVID-19, police officers should not respond to non-emergency issues. Instead, officers will only respond to crimes that involve a threat to public safety or take place in areas where an investigation cannot be delayed. The public is encouraged to report these nonessential complaints to a non-emergency phone number or online portal.

Police agencies in Texas, California and Virginia are already implementing these procedures. These steps might help take the strain off the officers and allow them to focus on more critical crimes in their communities. If these cities are successful in reducing crime with social distancing, online crime portals may become the norm in the United States.

The virus has limited interactions between the police and the public, but there is a need for in-person contact for certain crimes. Most law enforcement agencies are starting to prioritize domestic violence calls. Since many people have been staying at home due to government orders, there has been an increase in domestic violence cases. Police officers are already trained on the warning signs of domestic abuse. When they respond to a call, these officers make sure that everyone in the residence remains safe. COVID-19 has drained certain resources, but many communities are making these calls a top priority. With strained relationships and stress from the pandemic, there is increased tension in many homes. The renewed focus on keeping domestic abuse victims safe and protecting the community should remain the goal for law enforcement agencies in the future.

Finally, due to the virus outbreak, many agencies have provided personal protective equipment (PPE) to all on-duty officers. These law enforcement agencies are also educating their officers on how to stay safe during the pandemic by properly washing their hands, sanitizing their work equipment and surfaces, and identifying the symptoms of COVID-19. They are also providing testing for all officers and staff. Officers are also required to stand at least 6 feet away from members of the public. Some departments, like in Philadelphia and Austin, require their officers to wear masks while on duty. In Los Angeles, patrol officers have a PPE kit that includes goggles, a mask and gloves. These officers also must adhere to safety guidelines when interacting with the public. When the virus fades away, many agencies could still implement these strategies to keep their officers healthy and prevent another virus outbreak in their communities.

The Future of Policing

While most procedures are created to keep officers and the public safe during this pandemic, many of these changes might become the future of policing. In the future, law enforcement agencies will continue to be concerned about the welfare of the public and their officers. Some crime reporting will be designated to online portals as patrol officers handle serious offenses. Improved safety measures, such as increased sanitation in patrol vehicles and jail facilities, can help stop the spread of other infectious diseases. These COVID-19 procedures will have a lasting effect on the future of law enforcement in the United States.

Morristown Criminal Defense Lawyer

While some of these changes are in effect at many police agencies, others might still hesitate to alter their procedures. COVID-19 is still an issue for many law enforcement agencies. However, that does not mean that all arrests have been halted during this time. Police officers continue to charge individuals with serious offenses. If this has happened to you, it might be time to turn to a Morristown criminal defense lawyer.

During this pandemic, our offices are open, and we’re ready to help with your case. You want to choose an attorney who has the experience to handle criminal cases in New Jersey. If you have been arrested or need help with a criminal case, you should contact Gregg A. Wisotsky, Esq. at (973) 898-0161. You can also go online and schedule a free consultation.

Does the Pandemic Mean You Should Settle Early?

July 28, 2020 by Gregg Wisotsky, Esq. Leave a Comment

Settling Early May Have Some Unique Benefits During the Pandemic

Roughly 97% of all civil cases end before trial due to settlements. Often, plaintiffs decline the first settlement offer and hold out in hopes of getting something better. With the pandemic changing the personal injury legal process so much, however, some are starting to wonder if they should accept an early settlement instead.

You’ll Need to Be Prepared for Delays If You Take the Case to Court

Before making a decision, you should consider your preferred timeline. Many people are considering settling now due to the huge delay in courts. If you need money to help with expenses as soon as possible, the idea of spending months waiting for a court date can be very worrying. It is true that personal injury cases are taking far longer than they usually do. Most courts are only open right now to handle emergencies, so you might not even get in front of a judge before the year is up. Settling early may mean you get less money, but everyone’s financial situation is different. For some people, getting a smaller payment now can be more helpful than waiting a while for a big one.

It May Be Harder to Collect Your Payment If You Wait

Your Morristown personal injury lawyer may recommend that you consider the financial state of the other party when thinking about early settlement during the pandemic. There is currently a risk that the at-fault party in your lawsuit might face financial challenges during the virus. For example, if you slipped on a puddle of melted ice cream in a restaurant, you might run into problems when the restaurant closes during the pandemic. Instead of just collecting your payment, you may have to join a long list of creditors and end up getting barely anything. In these sorts of cases, agreeing to an early settlement can actually be the option that nets you the most compensation.

Determining a Fair Compensation for Injuries Is Trickier Right Now

An early coronavirus personal injury settlement is usually a bad idea in cases involving injuries. Right now, many health care facilities are only treating immediate problems. This means that you might have to delay things like followup appointments or physical therapy. However, these sorts of non-critical health care visits are a very important part of any personal injury suit settlement. Without them, you may not have a full scope of your injuries. This makes it harder to create a complete picture of the damages you received. You could ultimately end up accepting a settlement that does not fully reflect the injury you faced, leaving you struggling to pay future medical bills or compensate for lost wages.

You Still Risk Being Lowballed

Just like a lawsuit during normal times, early settlements tend to be for lower amounts. If you have a sound case, you can end up with a larger settlement or court-ordered payout. Therefore, it may still be a good idea to keep negotiating with the other party. As long as both you and the other party have sound finances, you could find it beneficial to reject a lowball settlement. If you’re unsure whether a settlement is a good idea, take the time to talk it over with your attorney. Legal counsel can give you a realistic idea of outcomes for your case so you can make the best decision for your needs.

If you’re dealing with a personal injury case during COVID, having an experienced attorney on your side makes a huge difference. A Morristown personal injury lawyer can help you decide when to settle while navigating the changes to court schedules. The Law Firm of Gregg Wisotsky is here to help during these challenging times. We can provide remote consultations and discuss how the COVID-19 pandemic may affect your case. To learn more about our services, dial (973) 898-0161 or fill out our online contact form.

How COVID-19 Is Affecting Prison Sentences

July 1, 2020 by Gregg Wisotsky, Esq. Leave a Comment

How the COVID-19 Pandemic Has Impacted Sentencing and Jail Time

In New Jersey, there has been an outbreak of COVID-19 in the state’s prisons. Over a three-day span in mid-May, there were 150 reported new cases, and by that time, 42 inmates had died in state prisons. As a result, COVID-19 has forced changes in the way inmates are sentenced and serve time, allowing some to remain out of prison for their sentence.

Jails Are COVID-19 Hot Spots

One of the main changes with sentencing during the time of COVID-19 revolves around the recognition that jails have become hot spots for the spread of the pandemic. There have been numerous reports around the country of prisoners being sickened in prison. Officials are almost completely unable to stop the spread of the pandemic behind bars as jails are difficult to sanitize and prisoners are confined together in close quarters.

There are approximately 20,000 inmates in the state of New Jersey. The infection rates among these inmates have been alarming. Certain prisons in the state have been hit very hard by COVID-19. For example, there were 105 cases at the Mountainview Youth Correctional Facility. At the Edna Mahan Correctional Facility, by mid-May, there were 73 cases of COVID-19 among corrections officers and another 47 among inmates. There have been horrifying reports about the conditions that some of these prisoners faced with the jail using solitary confinement cells as a COVID-19 isolation unit and housing many prisoners in a small cell.

Governor Murphy’s Executive Order

Governor Murphy acted relatively early with an executive order allowing the release of certain prisoners who were judged as being higher-risk inmates when it comes to the pandemic. In New Jersey prisons, there are four categories of prisoners who are a priority for furloughs. These include:

Prisoners over the age of 60
Those with high-risk medical conditions
Inmates whose sentences expire within three months
Prisoners who were denied parole within the past 12 months

In New Jersey, the inmates would qualify for temporary and not permanent release. When the COVID-19 danger passes, they would be required to report back to prison. This is with the exception of inmates who have been paroled during this time. New Jersey instructed the Department of Corrections to review inmates’ files to see which ones can be paroled.

However, actual reports about the furlough program in its early weeks of operation stated that there was mass confusion and inmates were being furloughed less than they otherwise should have been. In the first few weeks of the program, only about 50 inmates were furloughed as the prisons did not really understand the rules. By the middle of May, that number had increased to 100, but victims’ rights groups have complained that the state has been moving too slowly and has placed prisoners at risk.

By June, the number had grown to more than 400, but the New Jersey Supreme Court ruled that the state was illegally operating the furlough program. The main problem was that the state had violated prisoners’ due process rights by operating this program in secret and not sharing information with the inmates and their attorneys. The court directed the state to move faster when it comes to furloughs and paroles since New Jersey has the highest rate of inmate death from COVID-19 in the country. As a result, now would be an advantageous time to contact a Morristown criminal defense lawyer to try to act on an inmate’s behalf.

A Furlough Is Not a Commuted Sentence or Parole

The inmates who are released early from prisons generally do not have their sentences commuted. In other words, an early release is not the same as parole where the inmate is generally free to move about, subject to certain conditions. In these cases, the early release means that prisoners are required to remain at home or in one location for the duration of their sentence. They are still subject to the criminal justice system.

In the case of New Jersey, the state’s judiciary issued guidance on May 1 for sentencing proceedings. Judges have the discretion to hold sentencing hearings by video or remotely but only if all parties (including the defendant) consent to it. If the sentencing is held, then the custodial part of the sentence could include state prison. However, the judge has other options than state prison. It is up to the judge to weigh all of the risks to the defendant and public safety in making a determination whether the sentence should begin right now. The judge has the option to order a sentence other than state prison or to stay the sentence for the time being.

Law enforcement has been flexible in some regard when it comes to sentencing. Dangerous criminals will still be sent to prison for sentences. There would be public safety issues with keeping these criminals out of prison that would outweigh the health interest of protecting the sentenced defendants. However, some criminals may be able to remain outside of prison when they are awaiting trial or sentencing. For example, the well-known lawyer Michael Avenatti was allowed to leave prison while he awaits trial in his federal case because he is at a heightened risk of serious complications from COVID-19.

Jail Time and Sentencing in the Federal System

In addition, nonviolent offenders are also being allowed to serve out their sentences at home in certain cases in the federal prison system whereas minimum-security prisoners have been sent home in large numbers. You have certainly heard of Paul Manafort and Michael Cohen. They were both nonviolent offenders in the federal system who have been allowed to leave prison and serve the remainder of their sentences at home under house arrest. Unlike New Jersey, the federal release is an early release to home confinement as opposed to a furlough where the inmate would need to return to prison at a later date.

Many inmates who are currently in prison have tried to argue that they are entitled to a compassionate release due to the threat of COVID-19. It is the prisoners who are considered a higher health risk who have a greater chance of winning early release from prison. Those with overlapping health conditions have been successful in winning early release in some cases.

The federal release program, as directed by Attorney General Barr, uses the following criteria:

Inmates are at high risk for COVID-19.
They have served more than half of their sentence or have served more than 25% with less than 18 months remaining.
They have not been convicted of a violent crime or a sex crime.

However, in the federal system, the rate of prisoner release has also remained low. Some prisoners have sued to try to win an early release. In at least one case, the Trump administration has intervened in court to try to stop the early release of that prisoner. Nonetheless, inmates are filing cases in federal courts attempting to win their release from prison due to COVID-19.

Inmates or the families of those who are imprisoned or awaiting jail time who are concerned about their risk for COVID-19 should contact Morristown criminal defense lawyer Gregg Wisotsky at (973) 898-0161 to learn more about their legal rights.

Some Anti-Coronavirus Safety Products May Be Defective

June 27, 2020 by Gregg Wisotsky, Esq. Leave a Comment

Items That Supposedly Protect From Coronavirus May Not Work

Unfortunately, the COVID-19 pandemic has inspired many businesses to market defective products with false claims. A brand protection software provider found a 272% growth in listings of fake hygiene-related products on e-commerce marketplaces such as Amazon, eBay and Wish in the first quarter of 2020. Although websites such as Amazon have cracked down on fraud, there are still defective safety products aimed at fighting COVID-19 being sold online.

Reasons Why Products May Be Ineffective or Harmful

There are several reasons why fake or defective products may be available to buy. Amazon has put policies in place, and such items as fake testing kits have been eliminated, but vendors are still selling shoddy products with questionable claims. Some reasons include the following:

Third-party sellers have less oversight.
Restrictions have been lifted.
There is no way to know if the product is effective.
Fake reviews give the impression of legitimacy.

Although they are supposed to meet CDC guidelines, many products found online do not. It is in your favor to be skeptical when buying online.

Some Examples of Coronavirus-Related Defective Products

When shopping through online platforms, be on the lookout for defective products that fall in any of the following categories:

Medical supplies: When it comes to medical supplies, be sure you’re buying new products. Some refurbished or previously opened supplies are marketed as new.
Masks and face shields: Many masks and shields claim to be more effective than they really are. They often fool buyers with fake reviews.
Counterfeit or ineffective sanitizers: Bogus sanitizers may be ineffective at best. Not meeting CDC guidelines is one problem; the fact that consumers think that they are sanitizing may put them at risk without their knowledge.
UV sanitizer lights: Cheap and underpowered UV lights are common. Beware of any product with a price that seems too good to be true.
Vitamins and supplements: Avoid any vitamins that claim to prevent or cure coronavirus.
Informational books and pamphlets: Informational books may just be copied from places online and not provide any new or useful information, so be careful when ordering these items.

When a person purchases a product that they think will protect them and the product then does not, they are putting themselves and others at risk. Your first line of defense against bogus products is your own common sense.

Spot Suspicious Listings

Buying online calls for a bit of detective work. There are questions to ask yourself when reading listings. You should avoid any listings that claim to cure coronavirus. Here are some more tips:

Examine the photos.
Watch where products are shipped from.
Check seller ratings.
Double check the URL of the listing.
Be careful of new sellers.

Some listings, to avoid backlash regarding products from Asia, may say “shipped from the USA” or “based in the USA.” However, this misleads many into thinking the product was made in the U.S. Check the seller rating as well as the product reviews. A poor seller rating is a red flag.

New sellers, especially those who usually sell in other categories, should be avoided when buying anti-coronavirus safety products. It is somewhat suspicious when a vendor that usually sells women’s clothing suddenly sells UV lights or vitamins to protect against COVID-19.

Unfortunately, many businesses do a good job of masking their fraudulent items. The office of Gregg Wisotsky has seen too many unsafe products during the COVID-19 crisis. Your Morristown personal injury lawyer wants you to be aware that some people are selling products to take advantage of the pandemic and make a fast buck. Even reasonable use of a harmful or shoddy product can cause safety issues.

Contact Us to Learn More About Defective Product Lawsuits

If you think you may be the victim of a COVID-19 scam that has affected your health, consider taking legal action. You may be able to recover damages by filing a personal injury lawsuit. Give us a call at (973) 898-0161. We invite you to more about your Morristown personal injury lawyer, Gregg Wisotsky, and our New Jersey offices. Let’s answer your questions and discuss your case.

COVID-19 Fraud Charges

June 10, 2020 by Gregg Wisotsky, Esq. Leave a Comment

Common Types of COVID-19 Fraud

The Department of Justice warns that people around the world are trying to utilize COVID-19 to their advantage to earn money through phone, mail, and email. In many cases, these individuals can find themselves faced with fraud charges, even if they are unaware that they are committing fraud. Following are some examples of common types of fraud seen during the COVID-19 pandemic.

Charity Scams

Charity scams are one of the more common types of fraud happening right now. People have an instinct to want to help in times like this. Some individuals take it upon themselves to set up charities or create crowdfunding pages with the intent of donating collected money to those affected by the pandemic. However, if that money doesn’t go where you promised it would, you could be committing fraud. If the organization you chose to donate to initially closes down, for example, and you pocket the money or take portions of the funds to purchase things for yourself, you could find yourself facing fraud charges.

Unemployment Fraud

During the COVID-19 lockdown, many people have found themselves unemployed while their places of work are shut down. Thus, individuals have turned to seeking unemployment benefits in the meantime in order to pay their bills. Occasionally, however, mistakes can happen during the process that result in overpayment. Your employer could have been keeping poor records, or there could be an error in the paperwork. If you do not return these extra funds, you could be committing fraud, even if the mistake is not your fault. Additionally, unemployment benefits often come with requirements, such as requiring that you actively seek employment or do not turn down work. If you fail to comply with these requirements but still accept unemployment benefits, you could be committing fraud.

Fraudulent Products

Right now, there is no vaccine or recognized treatment for COVID-19. However, you may have been convinced that a certain product works in helping to prevent catching COVID-19. These items might include essential oils, CBD products, herbal pills, or even tests. If you attempt to sell such products with the claim that they cure or prevent COVID-19 and they are not approved by the appropriate government agencies, you could be accused of committing fraud.

Credit Card Fraud

There are several types of credit card fraud that you could be committing without realizing it, especially while money is tight during lockdown. If you apply for a new credit card to help while income is limited, for example, but lie on the application, there’s the potential for a fraud charge. You could also face charges for using someone else’s credit card without permission or using someone’s credit card after they have passed away.

A type of credit card fraud that people may not even consider is using a false credit card number in order to get free trials of products or services. Many people are turning to delivery services, grocery services, and even new streaming services while social distancing at home. Some of these apps and services will ask for a valid credit card number in order to use a free trial. You may have been tempted to use a website that provides fake credit card numbers, but some of these sites may be providing you with stolen credit card numbers.

Additionally, many people are purchasing items online while retail stores are closed, and it can be difficult to remember every single online transaction you might make. Some may notice a charge for a purchase that they don’t remember making and may report it as fraud in order to get the money refunded. This, however, is fraud in itself, typically referred to as chargeback fraud.

Penalties for Fraud

The penalties that a person can face for fraud in New Jersey depend on a number of different factors that are specific to the nature of the fraud committed. Unemployment fraud penalties, for example, depend on the amount of money that was taken – the higher the amount, the stronger the penalties would be.

When it comes to credit card fraud, having someone’s credit card without their consent or using a card that was given to you by mistake could result in jail time of up to 18 months and a fine of up to $10,000. When it comes to charity fraud, the first offense in New Jersey can result in a fine of up to $10,000. However, any subsequent offenses can result in fines of up to $20,000 per offense. Similar penalties can be faced for deceptive advertising of products, such as “miracle cures” for COVID-19.

In addition to the penalties, a criminal conviction can result in other negative effects to a person’s life. It could have negative effects on their employment or future employment, finances, the ability to take out loans, or even the ability to travel outside the country in the future. Thus, it’s important to contact a lawyer if you’ve been charged with fraud to mitigate the penalties you may face.

Defenses Against Fraud Charges

If you find yourself facing fraud charges, a Morristown fraud defense lawyer could help you form a defense against them. There are a few different defenses that a lawyer may pursue, depending on the specifics of your particular case. Some examples of the types of defenses used in fraud cases include:

Lack of intent: In order to be convicted of fraud, it must be proven that a person had the willful intent to deceive another, causing that person to suffer a loss. However, it is possible to commit some types of fraud without the intent to do so. If you accidentally used a stolen credit card number for a free trial or accidentally made a mistake in a credit card application, a lawyer may pursue this defense.
Non-fraudulent statements: Not every statement that is deemed false necessarily qualifies as fraud. Matters of opinion also would not be considered fraudulent.
Lack of evidence: The burden lies on the party that brings the claim against you to prove that you committed fraud. If they lack the evidence to prove that you intentionally defrauded someone, you may not face a conviction.
Consent: In some cases, you may actually have had consent from an individual that you allegedly defrauded. This may happen, for example, if you had permission to use a family member’s credit card when you did so. If you can provide evidence that you indeed had their permission to use their card, then fraud charges against you could be dropped.
Mistaken identity: With the rise in internet crimes, it is a possibility that you yourself could have been the victim of fraud and that another person may have committed fraudulent acts in your name. If you have fallen prey to a phishing scheme or a case of stolen identity, someone else could use this information to defraud others. In such cases, a lawyer could help prove that you had nothing to do with the crime to try and get any charges against you dropped.
Entrapment: In some cases, a government official or the police may compel a person to commit a crime that they normally would not. However, simply being provided the opportunity to commit said crime is often not enough for a defense on its own.

If you have been contacted by law enforcement asking about your activities during COVID-19, you should consult with a Morristown fraud defense lawyer at the Law Office of Gregg A. Wisotsky, Esq. Call us today at (973) 898-0161 to set up your initial consultation. We have offices in New Jersey, New York, and Georgia.

COVID-19 and Workers’ Compensation Benefits

June 6, 2020 by Gregg Wisotsky, Esq. Leave a Comment

Can You Get Workers’ Compensation for Contracting COVID-19?

As of this writing, there have been more than 150,000 cases of COVID-19 in New Jersey. Many of these people were exposed to the virus while at work. The question exists as to whether they can qualify for workers’ compensation benefits to pay them for their lost wages, medical bills, and other damages.

COVID-19 Would Be Compensable

The general answer is that you can file a workers’ compensation claim if you got COVID-19 at work. However, it is not always as simple as it seems. While these benefits exist in theory, it is not always easy to prove that you qualify for them.

First of all, COVID-19 would be considered a work-related injury for purposes of workers’ compensation. It is an illness that is caused by something that you are exposed to while at work. If you miss time for work or incur medical costs, the workers’ compensation fund should presumably cover the costs. If you believe that you have contracted COVID-19 while at work, you should immediately report it as a work-related injury.

Proving Causation May Be a Challenge

However, while your eligibility for workers’ compensation when you contracted coronavirus at work is not in doubt, what is more difficult is proving that you contracted COVID-19 while on the job. One of the requirements to be eligible for benefits is that it must be a work-related injury. This means that it must occur when you are on the job.

What is difficult is when you are dealing with a pandemic that has struck practically every part of our society. When this is the case, you may have some difficulty proving that you contracted COVID-19 at work. Your employer does not want you to get workers’ compensation, so they may challenge you when you file a COVID-19 claim. Without an army of contact tracers to figure out the origin of every single case, one would be hard-pressed to show exactly where they were exposed to the virus. Since the burden of proof is on the person filing for benefits, it is a heavy lift to meet this requirement. However, it is not impossible to show that it is more likely than not that you contracted COVID-19 while at work.

In the past, New Jersey has required a level of proof that means the claimant must show it is “more probable than not” that they contracted a virus or disease at work. This is a lower standard than the “beyond a reasonable doubt” that is necessary in a criminal case. However, this is still not an easy burden to meet as a Morristown workers’ compensation lawyer would advise you. One example of this is an old case in which the claimant was a groundskeeper at a country club. On appeal, the court looked at where he went during his job and compared the time he spent in the grass at work to the time he spent gardening at home in finding that he qualified for workers’ compensation benefits.

A Pending Bill May Help

The good news is that help may be on the way for some New Jersey employees who have gotten COVID-19 at work. There is a bill pending in the New Jersey State Senate that would give a presumption that certain employees who got coronavirus contracted it while on the job. The key is that the employee is considered an “essential worker” based on the definition in the legislation. For instance, public safety workers already have a presumption that they contracted COVID-19 while at work.

Here, essential workers include many different types of employees. The legislation would cover health care workers as well as employees in the private sector who perform functions that are “essential to the public’s health, safety, and welfare.” In addition, anyone who Governor Murphy has declared essential for purposes of not having to follow the stay-at-home order would receive benefits. This includes grocery store clerks and retail workers.

If you have contracted COVID-19 and believe that it happened at work, contact a Morristown workers’ compensation lawyer like Gregg A. Wisotsky, Esq. Call our office today at (973) 898-0161 to schedule your initial consultation.

COVID-19 and Jury Trials

June 2, 2020 by Gregg Wisotsky, Esq. Leave a Comment

How COVID-19 Affects Jury Trials in New Jersey

New Jersey courts have undertaken more than 23,000 virtual actions since courthouses were physically closed for COVID-19. However, none of these actions included jury trials since they are not allowed to be held virtually. Here is some more information about how COVID-19 has affected jury trials in New Jersey.

Indefinite Continuations of Trials

The immediate effect of COVID-19 on jury trials is that they have been continued indefinitely. “Continued” means the same thing as suspended. Originally, jury trials that had already begun were allowed to continue. However, the stay-at-home order was issued not too long after the court system was closed. Other trials that were scheduled have also been postponed.

As of this writing, trials in New Jerseys have been postponed through at least May 31. However, courts have been extending these postponements each month when they issue new guidance for the circuit or district. The federal courts in New Jersey are closed through at least June 1.

It is unconstitutional for criminal jury trials to be held remotely or through videoconferencing. The Sixth Amendment of the United States Constitution contains something that is called the Confrontation Clause. As applicable here, the accused needs to be able to confront the witnesses that are testifying against them. This does not mean that the defendant has a right to a physical or verbal altercation. What is does mean is that they are guaranteed the right to be able to see the witnesses in person at a trial. This is not possible over Zoom or a teleconference. Thus, criminal jury trials are suspended at this point.

The same holds true for civil jury trials. Courthouses are physically closed right now. It is simply not possible to gather a large number of people in a courthouse that a jury trial requires. In fact, many states are restricting any type of gatherings right now to 10 people or less. For a criminal trial, 12 jurors are necessary, so that alone makes criminal jury trials off-limits right now.

Social Distancing Is Challenging for Juries

Even when court trials resume, the physical dynamics of the jury will present some challenges for juries. We have all seen court trials on television to observe how close to each other jurors sit during a case. Even when court hearings begin again, that type of physical proximity will still be difficult. Jurors will need to socially distance for quite some time, perhaps until there is a COVID-19 vaccine.

This will make courthouse logistics that much more challenging for the court system. In many courts, the dock where the jury sits is barely large enough to hold the empaneled jurors. It will be difficult to figure out the spacing so that jurors can socially distance. Having to address a spread-out jury will be a challenge for all attorneys in the case. Moreover, the need to socially distance will make it tougher for jurors to deliberate. Courts will need to find a larger space so jurors are not confined together in one room for an extended period of time.

The physical challenges of seating a jury may present even more delays once the court system reopens. It may be some time before it is entirely safe for juries to sit together. What makes it even tougher is that seating the jury is just the last step in the process. Before you even reach that point, scores of potential jurors must file into the courthouse to be questioned for jury duty. Courts may hesitate to let that many people into one building from the outside for an extended period of time even after the pandemic wanes.

Another factor that will continue to impact jury trials is the fact that jurors, witnesses and other trial participants may need to travel a long way for their time in court. Many people do not feel comfortable traveling long distances right now. Most will not automatically feel safer once courthouses reopen. Instead, people will continue to be afraid.

Some jurors end up sequestered during their trials and have to stay in a hotel. However, the fear of improper sanitation may keep people from wanting to stay overnight anywhere away from their homes. In addition, they may not desire to get on an airplane or even travel to another state until some time has passed from the peak outbreak.

Other Logistical Hurdles

There are other logistical hurdles that can cause delays in cases. Even after courts begin to have trials, not every school in the state will have reopened. Summer camps are closed. Parents will be stuck without child care. That will make service on a jury impossible because parents could have nobody to watch their children.

Moreover, the jury pool may be further limited by the fact that many people will have valid excuses from jury duty. Those with preexisting conditions or who are otherwise vulnerable to contracting COVID-19 will not be required to show up at the courthouse. There may be challenges seating a jury because the pool is so limited.

If your trial has already begun and was underway when jury trials were suspended, there are alternate jurors who can step in if one or more jurors had to leave the case. If jurors are sickened and cannot return to the case, there will not be a mistrial unless the entire alternate juror pool is exhausted.

Where Do Cases Stand Now?

The question many are asking is where the court closures and jury trial suspension leave cases that are in the criminal justice system. While many are saying that courthouses are closed, that only extends to physical proceedings in the courthouse. Courts are still figuratively open during this time, and judges are still working. If you have a case that requires a jury, you may even be able to have some type of remote proceeding, albeit one that does not require a jury to be seated. This could include evidentiary motions in front of the judge or any other part of a case that a judge needs to decide.

In addition, judges can still assign deadlines in a case. They are working remotely, reviewing motions and managing their cases. They can require attorneys to brief matters, and they may still issue rulings in a case, even if there is no prospect of a jury trial anytime soon. Just because the jury cannot hear the case does not mean that the case does not proceed. In fact, the jury trial is the very end of the case. Pre-trial motions and issues can take many months to work through before the trial is even held.

In terms of rescheduled trial dates, when your case will actually be heard is anyone’s guess at this point. Judges have very crowded dockets under the best of circumstances, and nearly every judge will be well behind on their trial schedules. How they prioritize cases when courts reopen is up to the individual judge. However, you can expect that your case will likely not be heard right after the courts reopen for trials.

In addition, given the backlog, judges may allot less time for each trial since they must catch up on their dockets. You can expect that it will take some time for the judicial system to return to normal after being closed for three months or more. Your Morristown criminal defense attorney may even need to file a motion regarding how delays are impacting the defendant’s right to a speedy trial.

To learn more about COVID-19’s impact on the justice system in New Jersey, call Gregg A. Wisotsky, Esq., a Morristown criminal defense attorney, at (973) 898-0161. We are working and helping clients during COVID-19.

COVID-19 and Your Personal Injury Case

May 29, 2020 by Gregg Wisotsky, Esq. Leave a Comment

How COVID-19 Affects Your Personal Injury Claim

The courthouses in all 21 New Jersey counties are currently closed due to the pandemic. You may be wondering how that impacts your personal injury case. As you will see below, even though some things have been changed or put on hold, for the most part, your case continues to proceed through the legal system.

Discovery

In many cases, discovery is still able to continue even though the courthouses are closed. While you may think of discovery as consisting only of face-to-face depositions, the truth is that much of discovery is document and other information requests. The parties can still engage in this at any time since no physical presence is required to conduct much of discovery.

When it comes to depositions, nearly all in-person meetings have come to a halt right now during COVID-19. Attorneys are having to change how they conduct depositions if they want to hold them at all during this time. There is the possibility of video depositions, but it does require some advanced planning since documents often need to be shown to the witness during the deposition. The deponent may even have to be alone during the deposition and in a different location than the court reporter. However, it is theoretically possible to move cases forward during this time.

Statute of Limitations

The courthouse is physically closed for trials at this time, but the statute of limitations for your personal injury case continues to run. You may still submit filings to the court by email and regular mail, so this is not a situation where it is impossible to present your complaint.

Courts are very strict about the time limits for filing a lawsuit. When it comes to the statute of limitations, late is late with very few exceptions. If you miss the deadline, you will forever give up the right to sue for your claim. If you have had an accident in recent days, the time clock to file your case also starts from the date of the accident as opposed to when the courthouse physically opens. There is no allowance for any delays caused by coronavirus.

Working With Your Attorney

Your Morristown personal injury lawyer is open for business right now. Even if we cannot physically see you, our virtual offices are open all the time. You should know that advances in technology have made the practice of law independent of a physical office.

While we may not be able to see you in person for some time, you can reach us at any time to discuss your case. We can even exchange documents with you and continue to investigate your case during this time. Your attorney is still completely engaged with your case even if he is working remotely.

Civil Trials

Unfortunately, if you were scheduled to have a civil trial during this time, you have been informed that the case is postponed indefinitely. We wish that we could give you a clearer answer about when your trial will take place, but it is dependent on when the courts reopen and how individual judges manage and prioritize their dockets. When your actual case will be held depends on several factors, many of which are beyond your control.

Filing Deadlines

However, you should know that the figurative wheels of justice are still turning at this time. Chances are that you may have filing deadlines in your case when an answer or a motion may be due. Judges are still requiring the parties to still advance their cases during this time. Some judges may give some flexibility to the parties depending on the circumstances that they face. Judges may even have telephone calls with the attorneys in the case to discuss matters. In other words, just because there are no trials does not mean that your case does not proceed.

Contact Morristown personal injury lawyer Gregg A. Wisotsky, Esq. to learn more about how the pandemic will affect your personal injury case. You can reach us at (973) 898-0161 to set up your initial consultation.

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