Workers Compensation

New Jersey Workers’ Compensation Benefits Overview

Bergen County attorneys stand up for injured workers’ rights
New Jersey’s workers’ compensation law protects workers who suffer on-the-job injuries. At the Law Offices of Richard S. Greenberg, we want to make sure you receive the maximum benefits to which you’re entitled. If you suffered a work-related injury, we can help you file your claim, fight a denial of benefits or negotiate a fair disability settlement.

Workers’ compensation benefits for New Jersey workers
In New Jersey, workers’ compensation provides benefits to employees who are injured in workplace accidents. It also covers workers who suffer from occupational diseases. By law, your employer must provide insurance for the following:

Medical care — You are entitled to payments for all necessary and reasonable medical treatment, prescriptions and hospital services related to your work injury. Your employer has the right to designate a treating physician. You may only choose the treating physician if your employer denies you medical treatment or in an emergency situation.
Temporary disability — An injured worker who is unable to return to work for more than seven days is eligible to receive temporary total disability benefits (TTD) going back to the first day missed. TTD pays 70 percent of the worker’s wages up to 75 percent of the statewide average weekly wage (SAWW) but not less than 20 percent of the SAWW. TTD terminates when the worker returns to the job or reaches maximum medical improvement for the work-related injury. A worker who has achieved MMI but is still unable to resume work duties may be eligible for permanent disability benefits.
Permanent partial disability — Permanent partial disability applies when someone is capable of performing some work but not the same tasks as before the injury. In this case, the worker is eligible for weekly payments based on schedules that delineate compensation according to the area of the body that is impaired and the degree of function loss.
Permanent total disability — Workers whose maximum medical improvement still leaves them incapable of performing their jobs are eligible for 70 percent of their wages, subject to a maximum, for 450 weeks, plus additional statutory benefits.
Death — A fatally injured worker’s dependents receive 70 percent of the victim’s wages for 450 weeks, plus additional benefits for the spouse. Workers’ compensation also provides a modest funeral allowance ($3,500 for 2014).
Contact our Bergen County attorneys for answers to your workers’ comp questions
If you have questions about workers’ comp benefits for your job-related injury or illness, the knowledgeable attorneys at the Law Offices of Richard S. Greenberg are ready with answers.

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Fines & Penalties for DWI/DUI in New Jersey

Bergen County attorneys work to minimize the damage done by your arrest
Traffic offense attorneys at the Law Offices of Richard S. Greenberg assert our clients’ rights to a fair hearing. We challenge all aspects of the state’s case in an effort to minimize the consequences of the arrest for our clients. However, it’s important to know the possible consequences if you are stopped for DWI/DUI in New Jersey.

Costly fines and loss of license for first-time DWI/DUI in New Jersey
Although DWI/DUI is a traffic offense in New Jersey, not a felony or misdemeanor, it comes with heavy fines and mandatory jail time. The fines and penalties for a first-offense DUI are based upon the driver’s blood alcohol content (BAC) as follows:

BAC of 0.08 percent or greater but less than 0.10 percent — Loss of license for three months; $250 to $400 fine, $230 fee paid to the Intoxicated Driver Resource Center (IDRC), $100 fee paid to the drunk driving fund, $100 fee paid to the Alcohol Education and Rehabilitation Fund (AERF), a surcharge of $1,000 per year for three years and a $75 fee paid to the Neighborhood Services Fund; incarceration in county jail for up to 30 days; and 12 to 48 hours of service at the IDRC

BAC of 0.10 percent or greater — Loss of license for seven months to one year; $300 to $500 fine, $230 fee paid to the Intoxicated Driver Resource Center, $100 fee paid to the drunk driving fund, $100 fee paid to the Alcohol Education and Rehabilitation Fund, a surcharge of $1,000 per year for three years and a $75 fee paid to the Neighborhood Services Fund; incarceration in county jail for up to 30 days; and 12 to 48 hours of service at the IDRC. For a BAC of 0.15 percent or greater, an ignition interlock device during the license suspension and for six months to one year following license restoration

Mandatory penalties for repeated DWI/DUI convictions
Second offense within 10 years — Loss of license for two years; $500 to $1,000 fine, $280 IDRC fee, $100 fee paid to the drunk driving fund, $100 fee paid to the AERF, surcharge of $1,000 per year for three years and a $75 fee to the Neighborhood Services Fund; incarceration in county jail for 48 hours to 90 days; 30 days community service; 12 to 48 hours at the IDRC; ignition interlock device during license suspension and for one to three years following restoration

Third offense within 10 years of second offense — Loss of license for 10 years; $1,000 fine, $280 IDRC fee, $100 fee paid to the drunk driving fund, $100 fee paid to the AERF, surcharge of $1,500 per year for three years and a $75 fee paid to the Neighborhood Services Fund; 180 days in county jail; up to 90 days of community service (some in lieu of mandatory jail time); 12 to 48 hours at the IDRC; ignition interlock device during license suspension and for one to three years following restoration

New Jersey also has specific penalties for driving or riding with an open container, driving with a DUI suspension and driving while possessing drugs.

DUI

When Is a DWI/DUI a Misdemeanor or Felony in New Jersey?

Experienced Bergen County attorneys clarify common misconceptions
At the Law Offices of Richard S. Greenberg, we want you to understand how the law in New Jersey operates so you can make good decisions regarding your defense. It can be confusing, because the terminology doesn’t always correspond with the way people speak about crimes. In our state, a lesser crime is called a disorderly persons offense, not a misdemeanor, and a more serious infraction is called a crime, rather than a felony. A standard DWI is neither; it’s categorized as a traffic offense. So if you’ve been arrested for a first-time DWI, you face serious consequences, although you have not technically committed a crime. However, if your DWI involved an accident that caused the injury or death of another person, that’s a very different matter.

Misdemeanor DWI
In New Jersey, a disorderly persons offense is a misdemeanor-type infraction, permitting a sentence of up to six months in county jail, in addition to other fines and penalties. Incarceration periods for DWI/DUI convictions are as follows:

Second offense — 48 hours to 90 days
Third and subsequent offenses — 180 days
For all intents and purposes, a repeat DWI is a misdemeanor, even though it’s categorized as a traffic offense. The major difference is that a person convicted of repeat DWI offenses would not have to admit to a criminal record on a background check.

Felony DWI
Driving while intoxicated in New Jersey can be charged as a crime when it results in the serious personal injury or death of another person. Even if it’s your first DUI, you can be charged with:

Vehicular assault — A crime of the third degree punishable by four to five years in state prison if the driver is found to be in violation of DWI law and serious bodily injury results. This can be enhanced to second degree with a mandatory sentence of five to 10 years if the incident takes place on school property or in a school crossing. It’s a crime of the fourth degree, allowing a sentence of one year to 18 months, if it involves a DWI violation resulting in bodily injury.
Vehicular homicide — A crime of the second degree with a mandatory sentence of five to 10 years if the driver is in violation of DWI law and fatally injures another person
The law gives prosecutors discretion based on their assessment of the harm and the strength of the DWI evidence. An experienced DWI attorney can challenge forensic evidence, which could lead to a reduction or dismissal of criminal charges. For example, if the injuries are slight and the DWI test results are weak, the prosecution may have no choice but to charge assault by auto, a disorderly persons offense, or decline to prosecute altogether. The Law Offices of Richard S. Greenberg fights aggressively to give you every advantage under the law.