Benjamin M. Del Vento, P.A.Benjamin M. Del Vento, P.A.2024-03-20T03:42:23Zhttps://www.delventolaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503084/2022/09/cropped-favicon_site-identity2-32x32.pngOn Behalf of Benjamin M. Del Vento, P.A.https://www.delventolaw.com/?p=470462024-02-22T20:07:44Z2024-02-22T20:07:44ZFall dangers
One big problem when the weather changes is falling. Rain or snow can create slippery surfaces, making it easy to slip and fall. This is an issue in places like construction sites where workers have to walk on high platforms or uneven ground.
Even a small amount of rain or snow can make things dangerous. That is why employers need to give workers the right safety equipment and check the site regularly for hazards.
Driving challenges
When the weather changes, driving can become dangerous. Rain, fog or snow often make it hard to see, which can lead to accidents. Roads also typically get icy, making it easy for cars to skid and crash. This is a big concern for workers who have to drive to and from work sites.
Electrical hazards
Changing weather can also heighten the risk of electrical hazards at work sites, particularly during storms or periods of high winds. Strong gusts can dislodge power lines or cause tree branches to fall onto electrical infrastructure, increasing the likelihood of electrocution accidents. Additionally, heavy rainfall or melted snow may lead to flooding, potentially exposing workers to submerged electrical equipment or live wires.
When weather patterns shift, the safety of work sites should be a topic on the minds of employers. After an injury at their place of employment, a worker may want to seek financial help through workers' compensation.]]>On Behalf of Benjamin M. Del Vento, P.A.https://www.delventolaw.com/?p=470452024-02-10T21:01:53Z2024-02-10T21:01:53ZSeek immediate medical attention
The first step after sustaining an injury at work is to seek immediate medical attention. Even if the injury seems minor, it is important to have a doctor evaluate it to prevent potential complications.
Report the injury to your supervisor
After receiving medical care, you should report the injury to your supervisor or employer as soon as possible. This documentation can help you file a workers' compensation claim and ensure that you receive the appropriate benefits.
Follow the doctor's orders
Following your doctor's orders is important to a successful recovery. This may include taking prescribed medications, attending physical therapy sessions or following specific activity restrictions. You need to follow these instructions diligently to prevent further injury and help the healing process.
Communicate with your employer
Maintaining open communication with your employer throughout the recovery process is beneficial. This collaboration ensures that your employer can make accommodations to support you.
Attend follow-up appointments
Going to all follow-up appointments with your healthcare provider is important for monitoring your progress and adjusting your treatment plan as needed. These appointments allow your doctor to assess your healing and address any concerns or complications that may arise.
Sustaining an injury at work may seem confusing at first, but taking the appropriate steps can create peace of mind. You can then navigate the workers' compensation process more effectively.]]>On Behalf of Benjamin M. Del Vento, P.A.https://www.delventolaw.com/?p=470212023-12-18T19:31:04Z2023-12-18T19:31:04ZGetting the paperwork right
One big challenge in filing a workers' compensation claim is making sure all the paperwork is correct and complete. It is important to be careful and thorough when filling out incident reports, medical records and other papers. If there is missing or wrong information, it can slow down or even stop your claim.
Reporting injuries on time
When you get hurt at work, it is important to tell your boss about it right away. Some people wait, thinking their injury will get better on its own. However, waiting too long can cause problems with your claim. Employers may question the legitimacy of your injury, leading to complications in the claims process.
Getting witness statements
In the absence of witness statements, proving the circumstances surrounding a workplace injury can be challenging. If there were people who saw your accident at work, it is a good idea to get statements from them. These statements can serve as valuable evidence supporting your claim and providing a clearer picture of how the injury occurred.
Having enough proof from the doctor
To make a workers' compensation claim work, you need medical documentation from the doctor. That means having detailed medical records, like what the doctor thinks is wrong, the treatment plan and any medicine they prescribed. If you do not have enough proof, it might be hard to get the compensation you need.
The amount of medically-consulted workplace injuries for Americans in 2021 ended up totaling 4.26 million. Arming yourself with knowledge is an important part of making the workers' compensation process work for you.]]>On Behalf of Benjamin M. Del Vento, P.A.https://www.delventolaw.com/?p=470192023-12-15T22:18:33Z2023-12-15T22:18:33ZFailure to report promptly
One common reason for claim denial stems from delays in reporting workplace injuries. Timely reporting allows the relevant parties to assess the validity of claims accurately. If an employee fails to notify their employer promptly, the insurance company may question the legitimacy of the claim.
Lack of medical documentation
Comprehensive medical documentation is a requirement when filing a workers' compensation claim. Inadequate or inconsistent medical records can raise doubts about the severity and causation of the injury. Injured employees should make sure that medical reports link the injury to work-related activities.
Pre-existing conditions
If you have pre-existing medical conditions, they may complicate your workers' comp claim. Insurance companies may question whether the workplace incident directly caused the injury or exacerbated an existing health issue. This is another reason why thorough medical records are so invaluable for your claim.
Violation of safety protocols
Insurance companies may deny a claim if the injury occurred due to the employee's violation of safety protocols. Injuries that occur while engaging in activities outside the scope of your work duties may also be ineligible. Demonstrating your commitment to workplace safety guidelines will strengthen your claim.
Statistics from the New Jersey Department of Labor and Workforce Development show that there were 141,594 reported workplace accidents in 2022. With these types of incidents being so common, it is important for workers to equip themselves with knowledge of what to do when an insurance company denies a workers' compensation claim.]]>On Behalf of Benjamin M. Del Vento, P.A.https://www.delventolaw.com/?p=470132023-11-16T19:00:20Z2023-11-16T19:00:20ZDangerous roads in Essex County
Essex County has major highways like I-280, I-78 and the Garden State Parkway. While these roads are important for business, they also pose challenges for truck drivers. Urban areas like Newark, with their congestion and tight turns, can be especially tricky. The mix of big trucks and smaller cars adds to the risk, creating a situation where accidents can easily happen.
Top causes of truck accidents
Truck accidents can happen for many reasons.
Driver fatigue. Truck drivers spending long hours on the road can get very tired, slowing down their reactions and decision-making
Speeding and carelessness. The pressure to stick to tight schedules can make truckers drive too fast, increasing the chances of accidents
Poor truck maintenance. Trucks that are not properly taken care of can have mechanical issues, like problems with brakes or tires, which can lead to accidents
Distracted driving. Distractions, like using phones and eating, can take a truck driver's attention away from the road and cause delayed reactions to dangers
Bad weather. New Jersey has various weather conditions, from snow to heavy rain. Trucks might struggle to drive safely in these conditions.
No matter the cause, truck accidents often have serious consequences.
Injuries and damage
New Jersey truck accidents caused 2,300 injuries in 2022. People in smaller vehicles involved in these crashes are very likely to get hurt. Because trucks are so big and heavy, the impact in a collision often produces severe injuries and extensive property damage.
It is not only the vehicles that get damaged; things like guardrails and road signs might need expensive repairs, too.
Tips for avoiding truck accidents
To steer clear of truck accidents, you must stay alert while driving. Maintain a safe distance behind trucks, allowing enough space for sudden stops. Avoid blind spots by staying visible in their mirrors.
Be cautious when merging, giving trucks ample room. Steer clear of distractions, like texting, to ensure you give your full attention to the road. Respect speed limits, especially in adverse weather. Keep a watchful eye on turn signals, anticipating truck movements.]]>On Behalf of Benjamin M. Del Vento, P.A.https://www.delventolaw.com/?p=470122023-10-19T21:44:24Z2023-10-19T21:44:24ZGreater size and weight
Truck accidents are especially concerning because these vehicles are substantially larger and heavier than most cars on the road. When a collision occurs between a truck and a smaller vehicle, the results can be catastrophic.
The immense weight of trucks means that they carry considerable momentum. Even at lower speeds, this can translate into a large amount of force upon impact. The energy involved in a truck collision is powerful, potentially causing severe injuries or even fatalities.
Limited maneuverability
Another factor that heightens the danger of truck accidents is maneuverability. Trucks tend to be less agile and slower to respond to sudden changes in traffic conditions. When a truck driver needs to swerve or brake suddenly to avoid a collision, the inherent limitations of these vehicles can become a significant problem.
Trucks often struggle to make abrupt movements, which can result in collisions that might have been avoidable for smaller, more nimble vehicles. This lack of maneuverability further increases the risk of truck accidents, particularly in congested traffic or when navigating through winding or hilly terrain.
Lack of safe parking
The shortage of parking spaces for large trucks is a hidden danger on many highways. Truckers, bound by strict drive time rules, often find themselves in precarious situations due to the lack of safe parking areas.
This shortage leads to trucks stopping on ramps and freeway shoulders, increasing the risk of accidents. Unfortunately, 55 fatal crashes involving trucks occurred in 2020 near highway exit ramps. Truck accidents linked to unsafe parking also contributed to an additional 4,000 injuries. This safety issue extends beyond truckers to affect the entire transportation system. Efforts to expand truck parking are ongoing, but the shortage remains a significant contributor to accidents.
A safer future for the nation's highways demands collaborative solutions, recognizing that the dangers of truck accidents impact everyone on the road.]]>On Behalf of Benjamin M. Del Vento, P.A.https://www.delventolaw.com/?p=470112023-09-22T22:33:28Z2023-09-22T22:33:28ZPrioritize safety
Safety should always be your foremost concern. After the crash happens, if you are able to, park your vehicle in a safe location and activate your hazard lights. Ensure that you are out of harm's way before proceeding.
Exchange information
Engage with the other parties involved in the accident and exchange essential information, including names, addresses, phone numbers, insurance details and license plate numbers. Maintain a polite and cooperative demeanor throughout.
Document the scene
If you have a camera or a smartphone, use it to document the accident scene comprehensively. Capture images of vehicle positions, damage, road signs and signals. This visual documentation can be invaluable for insurance claims and investigations.
Gather witness information
If there are witnesses to the accident, obtain their contact information. Their accounts of the incident may prove valuable during the claims process.
Involve the authorities
In cases of significant damage, injuries or disputes, it is important to contact the police. Cooperate fully with responding officers, providing a detailed statement and secure a copy of the police report.
Seek medical attention
Even if you feel physically unharmed, seek immediate medical attention. Some injuries may not show up immediately, and a medical evaluation can ensure your well-being. Detailed medical records will be important for insurance claims.
Notify your insurance company
Report the accident to your insurance company promptly, supplying them with all the information collected at the scene. Adhere to their guidance regarding the claims process.
Preserve evidence
Maintain meticulous records of all expenses related to the accident, including medical bills and repair receipts. This documentation will be pivotal for insurance claims and any subsequent investigations.
Stay calm and collected
Emotions can run high after a car crash, but it is important to maintain a composed demeanor. Avoid confrontations with other parties and let the proper authorities and insurance companies handle the necessary procedures.
In the aftermath of a car crash, your first reaction may be one of fear. However, by following these guidelines, you can interact with other people on the crash site without feeling overwhelmed.]]>On Behalf of Benjamin M. Del Vento, P.A.https://www.delventolaw.com/?p=470102023-08-09T21:50:21Z2023-08-09T21:50:21ZWaiting too long to file
File your claim right away after an accident. The insurance carrier may use delays to claim that your injuries occurred elsewhere.
Not seeking medical attention
When you refuse medical attention at the scene, the insurance carrier might claim that you had minimal or insignificant injuries. Seeking medical attention right away ensures documentation for your case.
Exaggerating your injuries
When answering questions about your injuries, including those in your claim, be honest and straightforward. Exaggerating the severity of your injuries jeopardizes the integrity of the claim.
Posting on social media
Anything you post on social media becomes evidence in your case. The insurance carrier can often access privately posted pictures, comments and information.
Making a recorded statement
When the claims adjuster calls you, refuse any request to make a recorded statement. Have legal representation present before making any statements to the insurance company.
Signing a release form
Signing release forms may sacrifice your right to a settlement in your case. Make sure your attorney reviews any forms before you sign to protect your rights.
These common mistakes can prove costly in any claims process. Seek treatment for your injuries to document them, be honest about your situation and rely on your attorney’s guidance before signing anything.]]>On Behalf of Benjamin M. Del Vento, P.A.https://www.delventolaw.com/?p=470082023-07-29T03:16:25Z2023-07-29T03:16:25ZAn overview of paralysis injuries
High-speed collisions, impaired driving, reckless driving behavior, severe impacts and rollovers can lead to spinal cord damage and subsequent paralysis. The affected individual may lose function and sensation below the injury site. Paralysis falls under several categories (e.g., paraplegia, quadriplegia, hemiplegia or monoplegia) depending on the extent and location of the loss of bodily function.
The emotional and physical toll
In addition to losing mobility, affected individuals may experience chronic pain, muscle spasms, susceptibility to secondary health issues and respiratory complications. The emotional toll on the injured person and their family members can pose equally challenging obstacles as they grapple with the sudden change in lifestyle and the uncertainty of the future.
Additionally, navigating the financial strain and legal challenges of severe motor vehicle accident injuries like paralysis can quickly overwhelm those affected. The cost of treating paralysis injuries rapidly adds up as it often involves hospitalization, surgeries, home modifications, rehabilitation, assistive devices and ongoing care.
Preventative measures and advocacy
Preventing motor vehicle accidents altogether reduces the risk of paralysis injuries. Education campaigns about safe driving practices, stricter enforcement of traffic laws and encouraging the use of advanced safety features in vehicles can all contribute to preventing accidents.
Knowing preventative measures and existing support systems can help mitigate the severity of these life-altering injuries.]]>On Behalf of Benjamin M. Del Vento, P.A.https://www.delventolaw.com/?p=470062023-06-02T21:55:19Z2023-06-02T21:55:19ZDecoding 'work-related' car accidents
New Jersey's worker's compensation laws offer coverage to employees injured while carrying out work-related duties. This coverage includes employees injured in car accidents during work hours.
Any accident that happens while an employee carries out a job duty or activity benefiting the employer might qualify as work-related. This includes driving to deliver goods, traveling to meet clients or running errands for the employer.
Understanding what worker's compensation covers
Worker's compensation benefits take care of medical expenses, temporary total benefits, permanent partial benefits and permanent total benefits. The coverage pays for necessary and reasonable medical treatment, prescriptions and hospitalization services related to the work injury.
If an employee cannot work for more than seven days, they generally receive temporary total benefits. Permanent total benefits come into play when the worker cannot return to work permanently. Permanent partial benefits are payments made when a worker has a permanent disability that is not total.
Claiming worker's compensation
To claim worker's compensation benefits, the worker must report the accident to the employer immediately. After the worker reports the incident, the employer or their insurance carrier can assign a physician to treat the injured worker. The employer's insurance carrier or the employer themselves, if they are self-insured, will cover all bills for necessary and reasonable treatment related to the work injury.
If you were in a work-related accident in New Jersey, take the necessary steps to get workers' compensation.]]>