Legal Question in Workers Comp in New Jersey

tractor trailer accident

husband was in accident driving company tractor trailer. He was cut off and to avoid hitting the car ended up going over a wall and crashed 40 feet below. They say it's a miracle he's alive. He has had head, neck, shoulder and arm pain since with constant headache being the most problemsom. Has seen many Dr.'s over the course of the past year since the accident. With conflicking answers for all this pain and they just change his meds. Now, last week he blacked out driving my car and totaled it. Again, lucky to be alive. The Dr.'s that saw him in hospital feel this is still from problems because of the original accident. I had been off work the past year due to serious medical problems and had just started searching for work when this blackout happen. Now, he was told not to drive of course until they find out what is going on, so now I can't look forwork and leave him alone. Dr. w/c sent him to today says he doesn't feel this blackout came from the original accident. We are going slowly into dept more each day. He was also fired from his job, and this was his first chargeable accident in over 30 years of driving. Windshield and wipers were writen up and never fixed or replaced. Any advice you have for us would be greaty appreciate


Asked on 7/07/04, 11:07 pm

4 Answers from Attorneys

Blair Lane, Sr Earp Cohn, P.C.

Re: tractor trailer accident

Sorry to hear about the accidents and the impact it has had on you.

The only way to get the benefits you are entitled to is to hire a lawyer who can fight for your rights which are:

In New Jersey, any employee, (even if you are a construction worker, secretary or injured in a car accident while working), injured at work, regardless of fault, may be entitled to three benefits:

1. Free medical care;2. Pay while unable to work; and 3. A cash settlement for loss of function caused by the work-related injury.

If you have a doctor�s note which says you cannot work or can only work with restrictions, and work has no light duty work, you are entitled to receive temporary disability benefits.

You may also have a claim for pain & suffering through a claim against the car who caused the accident.

Please contact be for a free no-obligation consultation. There are no attorney fees unless you get a recovery. The insurance companies have lawyers - you should have one to protect your rights.

Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the

Commonwealth of Pennsylvania. The information contained in this response is intended to

provide general information regarding a general legal question. This information contained in the

response is not to be construed as legal advice and you should not rely upon any information as

legal advice. Legal advice can only be obtained through a complete consultation with my office

or an attorney admitted to practice law in your State. Any information obtained through this

response should not be deemed to create any attorney/client relationship.

Please contact me for a free initial consultation.

Blair C. Lane, Sr. Attorney at Law

Two Split Rock Drive

Suite 5

Cherry Hill, NJ 08003

Telephone: 856-489-4353

Facsimile: 856-489-4363

E-MAIL: [email protected]

Web Site: www.njattorneyatlaw.com

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Answered on 7/09/04, 8:48 am
John Ducey Law Offices of John G. Ducey, PC

Re: tractor trailer accident

A claims petition needs to be filed on your husband's behalf. With that petition a motion for med and temp needs to be filed so that a Judge can decide whether or not the new blackout is related to the original accident. Please call if you wish to discuss this further. 732-286-2170.

John

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Answered on 7/08/04, 9:03 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: tractor trailer accident

Your husband is very lucky to be alive after such terrible accidents, that's for sure. As to the workers compensation claim, since he was hurt on the job he is entitled to receive free medical care from the workers compensation doctor for the work related injuries, temporary disability payments for the time the company doctor keeps him out of work (even if he got fired from his job in the interim)and also a disability award (money settlement) for the injuries he suffered in the original accident if they continue to cause him problems. It is in this last part, getting him the disability award, that I can be most helpful to you and your husband. He may also have a separate claim against the person who cut him off and caused the first accident. If he is not receiving workers compensation temporary disability, then there may be other disability programs he can apply for until he is healthy enough to work. I am an attorney who has handled hundreds of workers compensation cases in New Jersey in the past. I would like very much to meet with you and your husband to further discuss how I can help you in this case. Please call me at 1-908-272-0111 to schedule an appointment to discuss your husband's case. Thank you.

Sincerely yours, Ronald Aronds, Esq. (www.njworkerscompensationlaw.com)

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Answered on 7/08/04, 9:07 am
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: tractor trailer accident

I believe you need a motion for Medical Coverage under worker's comp. This is best handled by attorneys, such as our firm. Also, if your husband was cut off he has not only worker's compensation to recover, but may have a UM claim, which will help you recover potentially significantly more than what the compensation system is designed to address. Please contact me at [email protected]

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Answered on 7/08/04, 10:07 am


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