Goldstein, Ballen, O’Rourke & Wildstein Passaic NJ Personal Injury & Workers Compensation Attorney 2026-09-28T10:27:52Z https://www.gbowlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1301385/2020/07/cropped-GoldsteinBallen-site-icon-32x32.png On Behalf of Goldstein, Ballen, O’Rourke & Wildstein <![CDATA[Don’t jeopardize your workers’ compensation benefits]]> https://www.gbowlaw.com/?p=48589 2026-09-23T10:28:07Z 2026-09-28T10:27:52Z Waiting too long to report your injury It’s best to report a workplace injury to your employer as soon as possible, even if you initially believe it is minor. Be specific about what happened, when it happened and the symptoms you experienced. Delayed reporting can make it harder to establish when and how the injury occurred, which can lead to unnecessary complications.

Failing to follow your approved treatment plan

You may naturally want to see your own doctor after an injury. However, New Jersey workers’ compensation generally allows your employer or their insurance carrier to select the treating physician. Seeking unauthorized treatment without first understanding the applicable rules could leave you disputing who is responsible for the medical bills. It’s equally important to follow the treatment instructions. Attend all medical appointments, and if the authorized doctor recommends treatment or places restrictions on your work, follow those instructions and keep records of your appointments and medical communications.

Posting on social media

Think twice before sharing a photo or update on social media about your condition after a workplace accident. Your social media posts could be used to challenge your claim, especially if they appear inconsistent with your reported physical limitations or severity of your injury. Avoid discussing your claim online, and remember that changing your privacy settings does not necessarily prevent information from becoming evidence. If you encounter any issues with your workers’ compensation claim, experienced legal guidance can help you understand your rights and the options available. It can go a long way in protecting your ability to receive the benefits you may be entitled to while you recover.]]> On Behalf of Goldstein, Ballen, O’Rourke & Wildstein <![CDATA[Why do young drivers have higher crash rates than older ones?]]> https://www.gbowlaw.com/?p=48586 2026-09-02T10:45:25Z 2026-09-07T10:44:31Z rate of fatal accidents across different age brackets, those 16 to 19 years old have the highest rate. Every specific accident may have its own root cause. One young driver may have become distracted by their cellphone, for example, while another was under the influence of alcohol. A teenage driver may have been breaking the speed limit, for instance, or they may have executed an unsafe lane change on the interstate. When you look at all of the accidents together, one common root cause emerges: Young drivers have the least amount of experience.

Inexperience and mistakes

The lack of experience can lead to some significant mistakes behind the wheel. Young drivers are still learning, and mistakes are a natural part of the learning process. For instance, it is important for drivers to maintain a safe following distance. An older driver may know what this looks like and be able to do so at all times, but a young driver may believe that a gap of one or two seconds feels safe enough. All drivers should be leaving three seconds between vehicles. This mistake, as simple as it is, could lead to a severe rear-end accident. Because it takes time for young people to learn to drive safely, there is always going to be some level of inherent risk when they get behind the wheel. Those who have suffered serious injuries due to another driver’s negligence, regardless of their age, need to know how to seek financial compensation.]]> On Behalf of Goldstein, Ballen, O’Rourke & Wildstein <![CDATA[How does New Jersey PIP cover medical care after a crash?]]> https://www.gbowlaw.com/?p=48581 2026-08-27T13:21:59Z 2026-09-01T13:21:29Z What treatment expenses does PIP cover? PIP medical benefits may cover care related to your crash injuries, including:
  • Hospital stays and surgery
  • Doctor visits and diagnostic tests
  • Prescription medication and equipment
  • Physical therapy and rehabilitation
A prompt evaluation can protect your health while documenting when symptoms began. Payment still depends on whether each service is medically necessary and follows the policy’s requirements. After the first 10 days, your provider might need to request a decision point review before certain nonemergency treatment or tests continue. This review allows the insurer to assess whether the proposed care is medically necessary.

How your policy choices affect coverage

A standard New Jersey policy may provide up to $250,000 in PIP medical coverage, but you could select a lower limit starting at $15,000. The higher amount may remain available for qualifying brain or spinal cord injuries and disfigurement. The deductible and copayment determine your out-of-pocket costs. After meeting the deductible, you generally pay 20% of covered expenses until they reach $5,000. You could also choose health insurance to pay first for crash-related care. In that case, PIP may cover certain remaining expenses. Otherwise, PIP generally pays first. The policy includes a separate lawsuit option. This choice does not affect whether PIP pays covered medical bills. Instead, it determines when you can seek compensation for pain, suffering and other nonfinancial harm.

Stay involved in the payment process

Paperwork problems between medical providers and insurers can delay treatment or leave bills unresolved. Review each notice you receive, confirm that required treatment requests were submitted and follow up promptly on denied or unpaid charges. Staying informed can help you address problems early and protect your access to care during recovery.]]> On Behalf of Goldstein, Ballen, O’Rourke & Wildstein <![CDATA[3 distractions that could cause a driver to cross the centerline]]> https://www.gbowlaw.com/?p=48584 2026-08-19T07:55:24Z 2026-08-24T07:54:44Z Distracted driving accidents can happen in a split second. In some cases, an oncoming driver inexplicably crosses the centerline. This leads to a sudden head-on collision, potentially at high speeds, which can result in serious injuries. There are a multitude of specific distractions that can cause this type of mistake, but the Centers for Disease Control and Prevention recognizes three main categories.

Manual distractions

First of all, a driver can be physically distracted, such as if they are trying to pick something up off of the floor. Perhaps they dropped their cellphone, and they are reaching for it between the seats when they inadvertently pull the wheel and cross into the oncoming lanes.

Visual distractions

A driver who is looking away from the road is experiencing a visual distraction. For instance, there could be a slight curve in the road, but a parent who has turned to talk to a child in the back seat does not realize that they have entered the curve. They continue straight and cross into the oncoming lanes.

Cognitive distractions

Finally, there are mental distractions, such as daydreaming or getting lost in thought. When someone is not fully engaged with the task of driving the vehicle, they can make a serious mistake before they even realize they have done anything wrong. Cognitive distractions often happen without warning, and the driver is not aware that they are occurring at the time. If you have suffered serious injuries in a car accident caused by a distracted driver, be sure you know how to seek appropriate financial compensation for medical bills, lost wages and more.]]> On Behalf of Goldstein, Ballen, O’Rourke & Wildstein <![CDATA[What evidence can help support a dog bite claim?]]> https://www.gbowlaw.com/?p=48579 2026-08-05T07:29:46Z 2026-08-10T07:28:59Z If you were attacked by someone else's dog in New Jersey, you may have the right to seek compensation for your injuries and any related losses. That said, a successful claim often depends on more than proving that you were bitten. You also need to demonstrate what happened, the severity of your injuries and the impact the incident has had on your life. Below are some of the most important types of evidence that can help.

Medical documentation of your injuries

Seeking medical attention soon after a dog bite does more than protect your health. It also creates valuable evidence for your claim. Medical records help connect your injuries to the attack while documenting the treatment you received, the severity of your injuries and any lasting effects. They can also support claims for medical expenses, future treatment costs, lost wages and pain and suffering resulting from the attack.

Evidence showing how the attack occured

Establishing the circumstances of the attack can help support your version of events, especially if there is a dispute about what transpired. For instance, photographs of the scene may capture broken fences, open gates, missing leashes or other conditions that provide context for how the incident happened. Surveillance footage and witness statements may also help corroborate your side of the story.

Financial records that demonstrate your losses

It’s equally important to substantiate your financial losses. Records of medical bills, prescription expenses, rehabilitation costs and travel for treatment can help show the economic burden the attack created. Employment records, pay stubs and income statements may also support claims for lost wages or reduced earning capacity when your injuries interfere with your ability to work.

Protect your interests after a dog bite in New Jersey

Every dog bite claim is unique, and the documentation needed to support your claim will depend on the specific facts of your case. If you have questions about how to strengthen your position or the compensation you may be entitled to pursue, seeking urgent professional legal guidance can help you better understand your rights and options.]]> On Behalf of Goldstein, Ballen, O’Rourke & Wildstein <![CDATA[When defective safety equipment causes workplace injuries]]> https://www.gbowlaw.com/?p=48578 2026-07-28T07:29:43Z 2026-07-31T07:28:55Z Workers' compensation may still apply Many employees who suffer injuries arising out of and in the course of their employment may qualify for workers' compensation benefits. Usually, this system does not depend on who caused the accident. It may cover approved medical treatment and part of a worker's lost wages during recovery. These benefits may still be available even if defective safety equipment contributed to the injury. This is just one aspect of the overall image.

Defective equipment can create additional issues

Sometimes the equipment itself causes or worsens an injury. A ladder may have a manufacturing defect. A safety harness may fail during normal use. Safety glasses may break instead of protecting a worker. Several factors may help determine what happened:
  • Whether the equipment had a design defect, a manufacturing defect or an inadequate warning
  • Whether the worker used the equipment as intended
  • Whether the defect contributed to the injury
  • Whether a third party, such as the manufacturer or supplier, may bear legal responsibility
New Jersey's Product Liability Act establishes standards that apply to many defective product claims. In some situations, N.J.S.A. 34:15-40 allows an injured worker to pursue a claim against a responsible third party while also receiving workers' compensation benefits. Every situation depends on its own facts. Good documentation can help clarify those facts.

Why documentation matters

After a serious workplace accident, preserving the damaged equipment may be important when it can be done safely and lawfully. Photos of the scene, witness information and medical records can also help document what happened. These records may help show whether faulty equipment played a role in the injury. Taking these steps can make it easier to understand how the accident occurred. A workplace injury involving defective safety equipment may involve more than a standard workers' compensation claim. Understanding how these situations work can help injured workers make informed decisions about their recovery. If you have questions about this topic, you may consider reaching out to a legal professional for guidance.]]> On Behalf of Goldstein, Ballen, O’Rourke & Wildstein <![CDATA[Can social media posts be used against you in an injury case?]]> https://www.gbowlaw.com/?p=48576 2026-07-13T09:33:56Z 2026-07-16T09:33:10Z Yes, if you are involved in a personal injury case, social media posts can be used as evidence. If these posts are made publicly, such as on your public Facebook or Instagram profile, they may be relatively easy for investigators to find. This type of evidence is often admissible in court and could potentially be used against you. For example, perhaps you are involved in a serious car accident and are seeking financial compensation. You claim that you suffered a spinal cord injury that makes it impossible for you to work and that you are living with daily pain and discomfort. You want compensation for medical bills, pain and suffering, lost wages, reduced earning capacity and much more. However, even after the car accident, you post pictures of yourself going to the gym, dancing with your friends or engaging in other common activities that are part of your normal lifestyle. It could be argued that the pain and discomfort you are reporting are not as serious as you claim because you are still able to participate in these activities.

Does that mean these claims are true?

Not necessarily. Perhaps you are going to the gym to do a few limited workouts that are still possible despite your spinal cord injury. Maybe you even believe it is an important part of the rehabilitation and healing process, so you are doing exercises that were specifically recommended by your doctor. But it is still important to think about the perception that these types of photos or posts may create. In some cases, it may be wise to simply stay off social media until your case has concluded. Every personal injury case is different, and an experienced attorney can help you explore all of your options as you seek the compensation you deserve.  ]]> On Behalf of Goldstein, Ballen, O’Rourke & Wildstein <![CDATA[Why working in a construction trench is dangerous]]> https://www.gbowlaw.com/?p=48573 2026-06-29T09:24:29Z 2026-07-02T09:23:46Z Soil movement is unpredictable Cave-ins that occur due to the sudden movement of the soil are a top hazard for those working below grade in a trench at a construction site. Rain and the movement of heavy equipment can cause the soil to shift suddenly. Especially in cases where employers fail to use safety devices, such as trench boxes, workers can end up seriously hurt due to sudden soil movement. When trenches collapse, workers can sustain a variety of injuries, and they are at risk of fatal injuries as well. Even if workers sustain minor injuries and can return to work, they may still need benefits to pay for their treatment. Workers’ compensation can replace lost income while they are away from work or their reduced earning potential if their injuries result in permanent functional challenges. Construction professionals may need assistance if they file a workers’ compensation claim after a trench cave-in or other major construction site incident, and that’s okay. Reporting an incident to management, seeking appropriate care and discussing injuries with an attorney can help injured construction workers recoup their losses.]]> On Behalf of Goldstein, Ballen, O’Rourke & Wildstein <![CDATA[Can you claim workers’ comp if you injure yourself on day one?]]> https://www.gbowlaw.com/?p=48570 2026-06-23T10:00:02Z 2026-06-26T09:59:32Z Coverage starts the moment you clock in In New Jersey, workers' compensation coverage takes effect the exact moment you begin your employment. The duration of your tenure or your probationary status has no bearing on your eligibility. This is because the workers' compensation system operates on a no-fault basis. That means the system generally covers you even if the injury was your fault, as long as it occurred in the course of performing work-related duties.

What you should know about the 7-day rule

For lost wages, there is usually a 7-day waiting period. If your injury compels you to miss more than seven days of work, you may qualify for temporary disability benefits. Additionally, should your absence extend beyond 21 days, you can receive retroactive compensation for those first seven days as well. Keep in mind that there is no waiting period for medical care, so you can receive treatment right away.

What to do if you hurt yourself on day one?

Knowing your rights is only half the battle. Taking the appropriate steps following an injury can significantly impact the outcome of your claim. Here is what you should do:
  • Tell your employer about the injury without delay: Bring it to the attention of your supervisor, manager or HR representative and make sure you put the details in writing.
  • Seek medical treatment through your employer: If it is an emergency, go to the nearest emergency room and contact your employer as soon as reasonably possible.
  • Document everything: Record the details of the incident, including the time, date and names of any witnesses and retain copies of all medical records and documentation.
  • Get professional help: The claims process can be complex, particularly when it involves calculating your average weekly wage from day one and having the right guidance on your side can make all the difference.
If you feel uncertain about where to begin, the right support can help you navigate the process with greater confidence.

Does workers’ comp cover your injuries?

The first day on the job brings a great deal to absorb. New surroundings, unfamiliar equipment and a demanding learning curve can all elevate your risk of an accident. First-day injuries are more prevalent than most people expect and the workers' compensation system exists precisely for circumstances like yours. No one should have to face an unexpected injury alone, especially on a day that you expected to mark a fresh start.]]> On Behalf of Goldstein, Ballen, O’Rourke & Wildstein <![CDATA[You do not have to play tennis to get tennis elbow]]> https://www.gbowlaw.com/?p=48572 2026-06-15T09:51:49Z 2026-06-18T09:50:41Z lateral epicondylitis—a name that indicates that there is inflammation in the tendons on the lateral side of the elbow. The  pain and discomfort usually happens near the small bump that you can feel when you bend your elbow. Muscles and tendons run over the top of the joint, and inflammation can make it difficult or painful to move your arm. The reason this is often called tennis elbow is because it is common for tennis players. They make the same swinging motion with the tennis racket thousands of times every day that they practice or play a match. Swinging the racket once usually does not cause any issues, but this cumulative damage can lead to inflammation.

What workers are prone to developing this kind of injury?

One important thing for workers to remember is that it is the motion that is causing the injury --not specifically playing tennis. Most people who develop tennis elbow have simply been doing something on a consistent basis that causes similar issues. An example could be someone who has a job where they have to swing a hammer. Maybe they are a construction worker or a roofer, for example. A person who spends years or even decades of their career using a hammer extensively could start to develop this type of repetitive strain injury. It could eventually require them to stop doing the kind of work they’re used to. Repetitive stress injuries often need medical intervention, and the pain and discomfort can keep someone from working -- even if they just need rest to recover. When injuries are work-related, employees need to know how to successfully seek workers' comp benefits.]]>