Goldstein, Ballen, O’Rourke & WildsteinPassaic NJ Personal Injury & Workers Compensation Attorney2026-07-16T09:33:10Zhttps://www.gbowlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1301385/2020/07/cropped-GoldsteinBallen-site-icon-32x32.pngOn 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=485762026-07-13T09:33:56Z2026-07-16T09:33:10ZYes, 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=485732026-06-29T09:24:29Z2026-07-02T09:23:46ZSoil 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=485702026-06-23T10:00:02Z2026-06-26T09:59:32ZCoverage 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=485722026-06-15T09:51:49Z2026-06-18T09:50:41Zlateral 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.]]>On Behalf of Goldstein, Ballen, O’Rourke & Wildstein<![CDATA[Why some TBIs grow worse with time]]>https://www.gbowlaw.com/?p=485672026-06-01T14:19:14Z2026-06-04T14:18:32Zsubdural hematoma.
Acute versus subacute hematoma
In some situations, a person will have an acute subdural hematoma, which means that they almost immediately have severe symptoms. These could include slurred speech, loss of consciousness, headaches, dizziness, memory loss, personality changes and much more.
When the issue is acute, people often know that they need emergency treatment. Without that treatment, they could even die from unchecked bleeding.
A subacute hematoma develops slowly, which means symptoms can show up long after the accident. Someone who may initially think they only have a concussion could see their symptoms getting worse for days after the crash. If they delay getting necessary medical treatment, the subdural hematoma can become far more serious than their initial symptoms suggested. It could even be fatal or cause permanent brain damage.
Seeking financial compensation
For these reasons, it is usually best to see a doctor if you think you have a head injury, even if you do not think it is that serious. Medical care for a subdural hematoma can be expensive, but you may be able to seek financial compensation from the driver who caused the car accident. Getting experienced legal guidance is a good first step.]]>On Behalf of Goldstein, Ballen, O’Rourke & Wildstein<![CDATA[How a job injury can affect a family’s finances ]]>https://www.gbowlaw.com/?p=485642026-05-21T12:00:36Z2026-05-26T11:59:28ZPeople who suffer an injury at work often focus significantly on the way that their injury affects their ability to work. They often don’t realize that the work-related injury’s effects go far beyond their job duties.
One of the most profound ways an on-the-job injury affects the worker’s family is lost wages. This means that the normal budget they have likely won’t be possible. On top of that, there are added expenses that will strain their finances even more.
Medical treatments
Medical treatments can involve more than just emergency care. While workers’ compensation should cover the cost of medical treatments, other expenses like transportation to and from the appointments can add up quickly, especially if you add in the wear and tear on a vehicle.
Daily activities
People who have certain injuries may not be able to handle the same tasks they did before they got injured. This could mean that they’re unable to do things like cutting grass or doing housework. Even tasks like childcare and running errands may be challenging. Because of this, they may need to hire help, which causes an added financial strain.
Long-term implications
The long-term implications can be significant, particularly when the family is living paycheck to paycheck. Some households may have to take money out of retirement savings or charge expenses to credit cards. Working with someone familiar with workers’ compensation cases may be beneficial since they can push to get the deserved benefits. These cases can often be complex, but minimizing the financial injury is a priority for most injured workers.
]]>On Behalf of Goldstein, Ballen, O’Rourke & Wildstein<![CDATA[Can you receive workers’ comp and sue a third party?]]>https://www.gbowlaw.com/?p=485602026-05-04T14:04:09Z2026-05-08T14:01:31ZCombining workers' comp with a civil lawsuit
New Jersey makes uses of a no-fault workers' compensation system, which means you do not have to prove your employer was negligent to receive benefits. These benefits typically cover medical expenses and a portion of your lost wages, but they do not account for non-economic losses or full wage replacement.
A third-party claim is a separate civil lawsuit filed against someone other than your employer or a coworker. This allows you to seek damages that workers' comp does not provide, including compensation for emotional distress and diminished quality of life.
State law permits injured workers to pursue both forms of recovery at the same time. The two claims operate through different legal channels—workers' comp through the Division of Workers' Compensation and a third-party lawsuit through the civil court system.
Identifying eligible third parties
Workers' comp shields your employer from most personal injury lawsuits, but that protection may not extend to the following:
Manufacturers of defective tools, machinery or safety equipment used on the job
Property owners who failed to maintain safe conditions at a worksite you were visiting
Drivers who caused a motor vehicle accident while you were working
Subcontractors or independent contractors operating on a shared worksite
Establishing third-party liability typically requires showing that the outside party was negligent, meaning they breached a duty of care that directly caused your harm, or, in cases involving defective equipment, that the product was unreasonably dangerous and caused your injury.
Accounting for the lien on your settlement
When you receive workers' comp benefits and later recover money through a third-party lawsuit, your employer's insurance carrier typically has a right to reimbursement. This is known as a lien, and it exists to prevent what the law considers a double recovery for the same injury.
In New Jersey, the lien allows the carrier to recoup benefits it already paid from the proceeds of your third-party settlement or verdict. The lien amount is usually reduced by a proportional share of your legal costs, which reflects the fact that the carrier benefited from your pursuit of the third-party claim without bearing those expenses directly.
Meeting the filing deadlines for both claims
You must file a workers' comp claim within two years of the injury or the last payment of benefits. You have the same amount of time to file a personal injury lawsuit against a third party. But if they are a public or government entity, you must file a formal notice within just 90 days of the injury.
Missing either deadline could result in losing the right to pursue that particular claim regardless of the strength of your case. Because these two involve different procedural requirements and forums, reaching out to an attorney can help coordinate your legal strategy and maximize your overall compensation.]]>On Behalf of Goldstein, Ballen, O’Rourke & Wildstein<![CDATA[Intoxication and work injuries: How state law may be changing]]>https://www.gbowlaw.com/?p=485622026-05-04T14:04:02Z2026-05-07T14:01:27ZGenerally, workers’ compensation is considered “no-fault” insurance. An employee who is injured due to their own mistake or negligence can in most cases still qualify for benefits.
There are some exceptions, such as if they intentionally injured themselves, if there was a “willful failure” to use personal protective equipment, if they were engaged in “recreational or social activities” or “when intoxication or the unlawful use of controlled dangerous substances…is the natural and proximate cause of injury or death….”
How a New Jersey Supreme Court case led to legislation
It’s been generally accepted that unless a worker’s intoxication is determined to be the “sole cause” of their workplace accident, they may still be entitled to workers’ comp. That rule was upheld by the New Jersey Supreme Court in a case where the court noted that for that to change, the law would need to be changed. That’s what some New Jersey state lawmakers are working to do.There’s currently a bill working its way through the state legislature that would remove the “sole cause” rule. The new proposed language states that workers’ comp can be denied if “the injury or death occurs as a result of intoxication” and “the intoxication is a material contributing factor to the injury or death.”The proposed changes would also require employees injured while they were intoxicated to prove that their intoxication didn’t cause their injuries. Additional new language states, “If the employee was intoxicated when the injury or death occurred, it shall be presumed that the injury or death was caused by the intoxication and the employee shall be barred from receiving workers'compensation. that the injury or death was caused by the intoxication and the employee shall be barred from receiving workers’ compensation.”
Why knowing the law is important
An employer and their workers’ comp insurer would still need to prove that an employee was intoxicated when they were injured if they didn’t admit to it. Nonetheless, these proposed changes to the law would make it more challenging in many cases for an employee to get workers’ comp benefits if they were drinking prior to an accident – for example, if they had a drink or two at lunch before returning to work.While the bill may or may not pass both houses of the legislature and be signed by the governor, it’s still important to know that these changes may be coming. Any workers’ comp claim can become challenging. Employers and their insurers will generally look for opportunities to deny a workers’ comp claim. That’s why those facing a denial shouldn’t just accept this as the final outcome without getting legal guidance.
]]>On Behalf of Goldstein, Ballen, O’Rourke & Wildstein<![CDATA[3 types of spinal cord injuries]]>https://www.gbowlaw.com/?p=485572026-04-20T08:59:16Z2026-04-23T08:58:53ZIf you suffer a spinal cord injury on the job, the level of that injury is very important. It helps determine what type of physical limitations you may face. Sensation and mobility are often cut off below the level of the injury.
In all cases, spinal cord injuries tend to be very expensive. You need to consider both the short-term and long-term costs, as full healing may be impossible. Below are three different types of common spinal cord injuries that could mean it is time for you to look into your legal options.
High tetraplegia
High tetraplegia happens between the C1 and the C4 vertebrae. Because it is at such a high level, it can lead to over $1 million in medical costs in the first year. The estimated lifetime costs for someone who is 25 years old are nearly $5 million.
Low tetraplegia
When an injury happens between the C5 and the C8 vertebrae, then it is known as low tetraplegia. The costs can be over $769,000 in the first year, and the estimated lifetime costs for someone who is 25 years old are over $3.4 million.
Paraplegia
Paraplegia happens lower on the spinal cord and means that a person loses the use of their legs, although they can retain motor function higher up on the spinal column. This can still lead to over half a million dollars in costs in the first year, and the estimated lifetime costs are over $2.3 million.
Seeking compensation
As you can see from these cost estimates, this is a very expensive injury. Additionally, these are just estimates from the Christopher and Dana Reeve Foundation, and every situation is unique. If you have been injured on the job, it is important to know exactly what legal options you have.]]>On Behalf of Goldstein, Ballen, O’Rourke & Wildstein<![CDATA[Beware of the perils of prom season]]>https://www.gbowlaw.com/?p=485562026-04-06T12:41:26Z2026-04-09T12:41:03ZHere in northern New Jersey, the months of April through June are times of heightened danger for teenagers. Each spring, the teens head down the Shore for spring break, after-prom parties and graduation celebrations. Unfortunately, this influx of young, inexperienced drivers on unfamiliar and often-narrow roads can be a recipe for highway disasters.
Parents may be shocked to discover that a full third of the annual traffic deaths of teenagers occur in the three-month span from April through June. Learn how parents can better protect their teens from harm this spring.
Some harsh statistics
Back in 2022, AAA surveyed teens and discovered, among other things, the following:
Over 80% of teens admitted that their friends will drive after drinking or taking drugs instead of calling a responsible adult
More than 30% know of a peer who was charged with DWI
Almost a third plan to indulge in drugs or alcohol over prom season
If those statistics are sobering, they should be. It’s easy to see the many ways your teen’s prom experience can go south.
How parents can intervene
One way to reduce the risk for teens is for their parents to talk and network among themselves. Double-check teens’ stories to determine whether after-prom parties will be chaperoned and if the teens will have access to drugs or alcohol.Parents can also help their teenagers establish a code word that they can easily work into any conversation, e.g., sweater, that will alert their parents that they are uncomfortable or even unsafe.
If your child is injured in a spring accident
Sometimes, all parents can do is be there to provide guidance and support after their children suffer injuries in a car accident. Learning more about the rights and responsibilities of New Jersey accident victims is a good place to start.]]>