If you or a loved one are injured due to negligence of another, it is well within your rights to file a personal injury claim against the wrongdoer. Furthermore if you are injured at work or while in the course of carrying out your work-related duties, then it is well within your rights to file a workers’ compensation claim with your employer.
However in the past, emergency workers in Asbury Park, Freehold and other communities across Monmouth County and New Jersey who suffered injuries due to the negligence of others while in the process of carrying out their duties were prohibited from filing personal injury claims; they could only file a workers’ compensation claim. This meant that pain and suffering damages, usually the largest recovery made in a personal injury claim, could not be recovered for these injured emergency workers due to the fact that workers compensation claims do not include pain and suffering damages. So while they were able to recover compensation for time out of work, they were not allowed to seek the full compensation afforded in a personal injury claim.
For a very long time in NJ, emergency workers and first responders such as firefighters, police officers, and ambulance personnel did not have the right to file personal injury claims when injured in a car accident, ladder accident, slip and fall, and many other types of accidents. When these accidents resulted in brain or spinal cord injuries, burn injuries, or even electrocution injuries, compensation often fell short of the damages suffered. Compensation for “loss of enjoyment of life”, “emotional distress”, “physical hardships” and “trauma” caused by negligence was denied to firefighters, paramedics, police officers and other emergency workers.
What does the Fireman’s Act Mean for First Responders in Asbury Park
In 1995 New Jersey Governor Jim Florio signed the “Fireman’s Act” into effect, designed to remedy some of these injustices. Though it was met with some resistance, in 2006 the NJ Supreme Court finally recognized and upheld it. This allowed emergency responders injured on-the-job to seek the full compensation allowed to other citizens. Meaning emergency workers and first responders injured on-the-job can file workers compensation claims with their employer in addition to a potential personal injury claim against a negligent or reckless third party.
Fireman’s Act Attorneys Monmouth County
There are countless situations that can lead to injury for emergency workers as many of their jobs are inherently dangerous. However if injury occurs as a result of third party’s negligence then a personal injury claim can be filed. These situations may include:
- Properties that have been poorly maintained i.e. wet floors, exposed wiring, etc.
- Defective, poorly designed or poorly manufactured safety equipment
- Motor vehicle accident due to another drivers negligence
- Attack or assault against an emergency worker
- Improperly stored or unsafe chemicals or toxins at an emergency site
An example of this in practice is if a police officer is responding to a call and is involved in an automobile accident with a reckless or impaired driver and is injured, then the officer can seek not only workers’ compensation for their time out of work but also file a personal injury claim against the negligent driver.
Emergency Worker Injury Lawyers Freehold NJ
Any recovery from a personal injury is a complicated matter. For this reason an experienced and skilled attorney can make all the difference toward making you whole. It falls on the injured party to prove all of the following factors:
- that an accident occurred
- that that accident directly caused injury
- that the accident was the result of the reckless or negligent actions of a third party
Though seemingly simple on their surface, anyone of these can be difficult to prove without an intimate familiarity with the law and the personal injury claims process.
Contact Our West Long Branch Personal Injury Attorneys Today
If you are a police officer, firefighter, ambulance driver, paramedic or other emergency worker in Monmouth county, Red Bank, Freehold, Wall, Asbury Park, Middletown, Howell or surrounding communities and have been injured as a result of someone else’s carelessness or neglect, it is important for you and your loved ones make the right decisions concerning your welfare as soon as possible. It is essential that you choose a law firm with the experience necessary to skillfully and effectively represent your interest. At Chamlin, Rosen, Uliano & Witherington, a consultation with one of our experienced attorneys is always provided at no cost to you. Contact us online or by phone at (732) 440-3950 to discuss your options.