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Can I File for Workers’ Compensation and Personal Injury Damages Simultaneously?

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Is Workers’ Compensation Your Exclusive Remedy for a Work-Related Injury?

Can I File for Workers' Compensation and Personal Injury Damages Simultaneously?When you are hurt on the job, you typically have the right to file a workers’ compensation claim to compensate you for your disability. Your employer may even tell you that it’s the “exclusive remedy” for your injury. That’s not necessarily true. There are instances where you can pursue personal injury damages in a civil suit and also collect workers’ compensation benefits for the same injury. Here’s how it works.

The workers’ compensation laws were enacted to simplify the process for both workers and employers in the event a worker is injured due to the carelessness or negligence of the employer or a co-worker. However, there often are multiple causes to an accident:

  • You may be injured because a tool, machine, piece of equipment, or other product was designed, manufactured, or marketed in a defective way.
  • While driving a motor vehicle for work purposes, you may be injured due to the carelessness or negligence of someone other than your employer or a co-worker.
  • You may be hurt because someone on an adjoining worksite was careless or negligent.

It’s important to understand that although you might be able to claim workers’ compensation benefits and recover civil damages for the same injury, you cannot be compensated twice for the same loss. For example, if your medical expenses are covered by workers’ compensation, you cannot recover damages for medical expenses in a civil suit. In other words, you can only recover damages in a civil suit for amounts not covered by workers’ compensation.

Contact Gregg A. Wisotsky, Partner at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC

I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Slips and Falls in Malls in New Jersey—Who’s Responsible?

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Slips and Falls in New Jersey Shopping Malls

Who Has the Duty to Maintain the Premises? The Mall Owner? The Shopkeeper?

Slips and Falls in Malls in New Jersey—Who's Responsible?If you’re like most Americans, you visit a shopping mall at least once a week—a national survey found that nearly nine of every ten adults go to a mall that often. You may not think about the potential dangers in a mall, but they are there. In fact, slips and falls are the most common type of mishaps in shopping malls.

The Causes of Shopping Mall Slips and Falls

There are a number of hazardous conditions in shopping malls that can lead to injury:

  • Spilled food or beverages
  • Recently mopped floors that are unmarked
  • Loose or broken tile, carpet, linoleum, or other flooring
  • Goods or merchandise that has fallen off the shelves
  • Water or soap on bathroom floors
  • Negligently maintained sidewalks, parking lots, parking ramps, or other walkways

In New Jersey, there’s a duty to maintain commercial premises so as to minimize the risk of injury to persons legally on the property. But who has that duty at a mall? Is it the company or person who owns the mall and leases space to the stores? Or is it the individual shopkeeper?

As a general rule, the entity or individual who owns the mall has the responsibility to maintain common areas, including hallways, bathrooms, and all open space between stores. A store owner generally has liability only for slips and falls inside their establishment. However, if a store owner puts a display out front, or engages in behavior that poses a risk outside the store, that owner may have liability.

Contact Gregg A. Wisotsky, Partner at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC

I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Qualifying for Workers’ Compensation in New Jersey

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When Are You Eligible to Receive Workers’ Compensation Benefits?

Qualifying for Workers' Compensation So you’ve been injured on the job and want to file a workers’ compensation claim to recover your medical expenses and receive disability income until you can return to work. Will you need to line up witnesses to testify that your employer caused the accident through carelessness or negligence? What must you show to qualify for workers’ compensation benefits?

In most personal injury claims, the legal principle of negligence applies, but not in a workers’ compensation claim. Under the doctrine of negligence, you must show that (1) the wrongdoer failed to act as a reasonable person would, (2) that failure caused your accident, and (3) you suffered actual loss because of the accident.

With a workers’ compensation claim, however, there’s no requirement to prove negligence. In essence, workers’ compensation claims are based on the legal concept of “strict liability.” To be eligible for benefits, all you must show is that you were injured and the injury occurred while you were working.

It’s important to understand, though, that workers’ compensation is limited to injuries caused by your employer or co-worker. If you are hurt due to the actions of an unrelated third party—the manufacturer of a defective product, driver of a vehicle (who was not your employer or co-worker), or individual on an adjoining worksite—workers’ compensation typically won’t apply. In such a case, you’ll need to file a civil lawsuit to recover damages.

As a practical matter, many work-related injuries are caused in part by an employer/co-worker and in part by an unrelated third party. In those situations, you typically can file both a workers’ compensation claim and a third-party civil lawsuit simultaneously.

Contact Gregg A. Wisotsky, Partner at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC

I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Was Your Injury Work-Related? Part Two

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Was Your Injury Work-Related?

Part Two—Work-Related Travel

Was Your Injury Work-Related? Part TwoAs we discussed in our last blog, there are only two requirements in New Jersey to qualify for workers’ compensation—you must prove you were hurt and that the injury happened while you were on the job. In the previous blog, we discussed whether injuries sustained on breaks are covered by workers’ compensation. In this blog, we’ll look at injuries suffered while traveling for work.

Work-Related Travel

The first thing to understand is that injuries incurred on your commute to or from work generally are not covered by worker’s compensation. There are exceptions, however. If you deviate from your normal commute route to perform a work-related task—for example, stoppingat the post office to pick up company mail or buying donuts for coworkers—any injuries sustained on the detour may be covered, provided you were doing the task at the request of a supervisor. In addition, if your job requires you to be on the road—for example, as a salesman to visit customers—you may be covered for injuries suffered on the way to your first appointment of the day, provided it’s not on the path to your office.

If you are required to travel to a conference, convention, training, workshop, seminar, or business meeting where you stay overnight, you may be able to claim workers’ compensation for injuries suffered while there. For example, if you slip and fall in the lobby of the hotel where the conference is being held, you’ll likely qualify for workers’ compensation, as you have to go to the hotel to attend the conference. However, if you decide to use the hotel gym and suffer an injury lifting weights, you may not qualify for workers’ compensation, as that’s a purely optional activity and not essential to your time there.

As with any workers’ compensation claim, there are certain actions that potentially disqualify you from eligibility for benefits. If your injuries are intentionally self-inflicted, or if you engage in behavior or activity that in violation of established company rules or policies, you may be deemed ineligible for workers’ compensation benefits.

Contact Gregg A. Wisotsky, Partner at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC

I offer a free phone consultation to every prospective client. For a complimentary assessment of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Was Your Injury Work-Related?

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Part One—Injuries on Breaks

Was Your Injury Work-Related?In New Jersey, as in all states, when you have suffered an injury on the job, you have a right to seek benefits through the state’s workers’ compensation system. To collect workers’ compensation in New Jersey, you don’t need to demonstrate that your employer or a co-worker was careless or negligent. There are only two requirements for eligibility for work comp payments in New Jersey—you must have been injured and the injury must have occurred during the course of your employment.

Injuries Sustained While on a Break

Under state and federal labor laws, you are entitled to meal breaks and to take periodic breaks based on the length of your shift. In most instances, you won’t be performing any job-related tasks while on a break. That begs the question—can you recover workers’ compensation benefits for injuries suffered while on break? What if you slip and fall in the break room or get cut on broken glass in the company cafeteria?

As a general rule, all injuries suffered while on a legitimate work break are covered, provided you take the break on company property. Accordingly, if you leave the premises to have lunch, you won’t be able to recover workers’ compensation benefits for injuries suffered in a motor vehicle accident, unless you can show that you were conducting some work-related task while off premises. For example, if your boss asks you to stop by the post office or pick up lunch for others, you will probably be able to get workers’ compensation for injuries suffered while away from company property.

There are some other exceptions—you generally can’t recover workers’ compensation for injuries that are intentionally self-inflicted, and you may have a claim denied if you were engaging in behavior or activity that was clearly contrary to company rules or policies.

Contact Gregg A. Wisotsky, Partner at Javerbaum, Wurgaft Hicks Kahn Wikstrom & Sinins, PC

I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

The Different Pleas in Traffic Court in New Jersey

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Your Options When Responding to a Traffic Ticket

Different Pleas in Traffic CourtIn New Jersey, when you receive any type of traffic ticket, there are a number of ways you can respond:

  • Simply pay the fine—By paying the fine, you essentially plead guilty and forfeit the right to a trial. This may be a good option if you’ve never had a ticket, as a single citation will seldom lead to higher insurance rates or suspension of your license. It’s customarily simple to pay the fine—you usually can do it online and won’t need to appear in court. If, however, you believe you have a valid defense, or you have prior citations, this may not be in your best interests.
  • Plead guilty with an explanation—You may be tempted to go to court and plead guilty but offer the judge an explanation of the circumstances, hoping the fine will be reduced or waived. That rarely happens, but a guilty plea on your record can have an impact on your insurance rates. If you have any colorable defense, it’s usually better to plead not guilty.
  • Plead nolo contendere—In essence, a nolo contendere plea means that you choose not to contest the charge. A nolo contendere plea is seldom necessary but might make sense if you were involved in an accident as it cannot be used as evidence in a civil trial. A guilty plea can.
  • Plead not guilty—Even if you believe you were responsible, you always have the right to plead not guilty. The court will not punish you for pleading not guilty, even when the evidence overwhelming supports your culpability. As a general rule, you must appear in court to plead not guilty (although you typically can do this at the court clerk’s window).

Contact Gregg A. Wisotsky, Partner at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC

I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Common Causes of Winter-related Personal Injury

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Accidents That Are More Common in Cold Weather

Common Causes of Winter-related Personal InjuryThe winters in New Jersey present a wide range of conditions that contribute to personal injury:

  • Accumulation of snow and/or ice on sidewalks, steps, and other surfaces—Property owners in New Jersey must take reasonable steps to monitor property for accumulation of snow or ice and reasonably respond to the presence of dangerous conditions. While residential property owners generally don’t have an affirmative duty to clear sidewalks, steps, and similar places, they may be liable for taking action that makes a dangerous condition worse. Commercial property owners do have a duty to clear snow and ice off walkways, provided they knew or should have known it was there.
  • Motor vehicle accidents—Winter car crashes can result from various forms of negligence, from lack of visibility caused by failure to remove snow, ice, or frost from a car, to the failure to operate a vehicle at the appropriate speed for prevailing weather conditions. Unfortunately, due to the number of winter holidays, drunk-driving accidents also increase this time of year.
  • Injuries from outdoor or indoor fires—When it gets cold outside, there’s a natural impulse to crank up the heat inside. Doing so can remove much of the moisture inside and make your home a tinderbox. It’s no wonder that winter home fires account for about one-third of all fire deaths in the United States.
  • Space heater accidents—Apart from the obvious risk of a faulty space heater starting a fire, space heaters often contribute to carbon monoxide poisoning.

Contact Attorney Gregg A. Wisotsky—Partner at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C.

I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Removing Your Name from a Sex Offender Registration List in New Jersey

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Removing Your Name from a Sex Offender Registration List in New JerseyThere’s a common misperception that all persons required to register as sex offenders have committed sexual assault, molested a minor, or possessed child pornography. That’s not true. You may have been convicted long ago of an offense that’s no longer considered a crime, such as sodomy or oral sex with a consenting partner. You may have been charged with indecent exposure for streaking (perhaps while under the influence of alcohol) or convicted of statutory rape for consensual sex with a teenage girlfriend. The offense that put you on the list may have been one single mistake of youth or bad judgment, but it can haunt you the rest of your life. When sex offender registration was first enacted, there was less public access to the information. Now, your name may be available to just about anyone, including neighbors and potential employers.

Can You Get Your Name Removed from the Sex Offender Registry?

There are steps you can follow to have your name taken off the sex offender list. If the offense is no longer a crime, you may file a petition with the court asking that you be removed.

Even if the crime for which you were convicted is still on the books, you can request removal. However, for your motion to be granted, you must be evaluated by a mental health professional and show the following:

  • That 15 years have passed since you were convicted or released from custody (whichever came later);
  • That you are unlikely to pose a risk or threat to the safety of others;
  • That you’ve not been convicted of another sex offense; and
  • That your initial conviction did not constitute aggravated sexual assault.

Contact Gregg A. Wisotsky, Partner at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C.

I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online, or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

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Disclaimer : The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established.

© 2025 Gregg A. Wisotsky, Esq. Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, Attorney at Law. All Rights Reserved.

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