NJ Personal Injury Law Report

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Archive for September, 2009

Dog Bite Prevention

September 29th, 2009 by admin

4.5 million Americans are bitten by dogs each year, and one in five dog bites results in injuries that require medical attention. There are ways to make dog bites less likely and to help prevent children from being bitten by dogs.

How big is the problem?

  • About 4.5 million people are bitten by dogs each year.
  • Almost one in five of those who are bitten :a total of 885,000: require medical attention for dog bite-related injuries.
  • In 2006, more than 31,000 people underwent reconstructive surgery as a result of being bitten by dogs.

Who is most at risk?

  • Children: Among children, the rate of dog bite-related injuries is highest for those ages 5 to 9 years, and children are more likely than adults to receive medical attention for dog bites than adults. Recent research shows that the rate of dog-bite related injuries among children seems to be decreasing.
  • Adult Males: Among adults, males are more likely than females to be bitten.
  • People with dogs in their homes: Among children and adults, having a dog in the household is associated with a higher incidence of dog bites. As the number of dogs in the home increases, so does the incidence of dog bites. Adults with two or more dogs in the household are five times more likely to be bitten than those living without dogs at home.

How can dog bites be prevented?

Dog bites are a largely preventable public health problem, and adults and children can learn to reduce their chances of being bitten.

Before you bring a dog into your household:

  • Consult with a professional (e.g., veterinarian, animal behaviorist, or responsible breeder) to learn what breeds of dogs are the best fit for your household.
  • Dogs with histories of aggression are not suitable for households with children.
  • Be sensitive to cues that a child is fearful or apprehensive about a dog. If a child seems frightened by dogs, wait before bringing a dog into your household.
  • Spend time with a dog before buying or adopting it. Use caution when bringing a dog into a household with an infant or toddler.

If you decide to bring a dog into your home:

  • Spay/neuter your dog (this often reduces aggressive tendencies).
  • Never leave infants or young children alone with a dog.
  • Don’t play aggressive games with your dog (e.g., wrestling).
  • Properly socialize and train any dog entering your household. Teach the dog submissive behaviors (e.g., rolling over to expose the abdomen and giving up food without growling).
  • Immediately seek professional advice (e.g., from veterinarians, animal behaviorists, or responsible breeders) if the dog develops aggressive or undesirable behaviors.

Are there safety tips for children?

To help prevent children from being bitten by dogs, teach the following basic safety tips and review them regularly:

  • Do not approach an unfamiliar dog.
  • Do not run from a dog or scream.
  • Remain motionless (e.g., “be still like a tree”) when approached by an unfamiliar dog.
  • If knocked over by a dog, roll into a ball and lie still (e.g., “be still like a log”).
  • Do not play with a dog unless supervised by an adult.
  • Immediately report stray dogs or dogs displaying unusual behavior to an adult.
  • Avoid direct eye contact with a dog.
  • Do not disturb a dog that is sleeping, eating, or caring for puppies.
  • Do not pet a dog without allowing it to see and sniff you first.
  • If bitten, immediately report the bite to an adult.

A Community Approach to Dog Bite Prevention
Prepared by the American Veterinary Medical Association’s Task Force on Canine Aggression and Human-Canine Interactions
Dog bites are a serious public health problem that can inflict considerable physical and emotional damage on victims and be extremely costly to communities. Decreasing dog bites requires active and ongoing community involvement; passive or periodic attention will not solve this problem. This task force report is intended to help state and local leaders find effective ways to reduce the dog bite problem in their communities. The report covers:

  • Representative national statistics on the existing dog bite problem
  • How to mobilize a community and the infrastructure needed to establish a program
  • Specific prevention recommendations
  • Recommendations for dog bite reporting
  • Educational and communication approaches and targets

In summary, the report contains everything community leaders should consider when starting a dog bite prevention program. Also included are a model dog control ordinance and model legislation for the control of dangerous dogs. The report is available as a PDF on the American Veterinary Medical Association website ( 500KB 18 pages). *

Work with State Health Departments

CDC is committed to reducing this public health problem. CDC has worked with state health departments to establish dog bite prevention programs and continues to track and report trends on U.S. dog bite injuries. Some studies involved calling people to ask about their experience with dogs and history of being bitten, and others used data from hospitals and emergency departments to estimate the number of dog bite-related injuries treated.

Source: CDC.gov

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Category: Dog Bites, Personal Injury | No Comments »

Workers’ Compensation & Fraud — Your Questions Answered

September 23rd, 2009 by PJohnson

Submitted by Pamela J. Johnson, Esq.
Certified Workers’ Compensation Law Attorney

What is fraud?

Fraud occurs when an individual knowingly and intentionally misrepresents an important fact for the purpose of inducing another person or entity to act, and upon which the other person relies and suffers injury or damage.  Fraud includes a knowing, and intentional failure to state material facts, the knowledge of which would be necessary to make the other statements not misleading.

What is Workers’ Compensation Fraud?

Workers’ Compensation fraud occurs when an individual or entity knowingly and intentionally makes such statements or submissions in an effort to secure or to deny workers’ compensation benefits.

Who can commit Workers’ Compensation Fraud?

Employers, employees, workers’ compensation insurance carriers, workers’ compensation third party administrators, health care providers and attorneys can all commit Workers’ Compensation fraud.

How can an employee commit Workers’ Compensation Fraud?

  • By filing a claim for an injury that bears no relationship to the job.
  • By submitting bills for medical treatment for a work-related injury to the private medical carrier.
  • By accepting temporary disability benefits while working or attending school on a full-time basis.
  • By failing to disclose prior injuries or treatment to the same part of the body that is the subject of the workers’ compensation injury.
  • By misrepresenting the nature and extent of the work-related injuries to stay out of work longer, to receive more medical treatment, or to increase the size of the settlement.

How can an employer commit Workers’ Compensation Fraud?

  • By directing an employee to tell medical providers that a work-related injury did not happen on the job.
  • By directing an employee to submit bills for a work-related injury to the private health plan carrier.
  • By forcing, suggesting or encouraging any person to make a false or misleading statement or submission concerning any material fact to wrongfully obtain or wrongfully deny workers’ compensation benefits for himself or another person.
  • By misrepresenting to the workers’ compensation carrier or the State of New Jersey the amount of its payroll, or the proper classification of its employees.
  • By failure to secure workers’ compensation insurance.
  • By engaging in practices designed to lead to the evasion of full payment of benefits or premiums.

How can a Health Care Provider commit Workers’ Compensation Fraud?

  • By assisting an injured worker in fraudulent schemes to secure workers’ compensation benefits for a non-work related injury.
  • By assisting an individual or entity to avoid workers’ compensation benefits for a work-related injury.
  • To participate in double-billing.
  • To intentionally bill for services that were not provided.
  • To intentionally bill for services that were unwarranted.

What are the penalties for committing Workers’ Compensation Fraud?

  • If an employer commits fraud by making a false or misleading statement, representation or submission, including misclassifying employees or engaging in a deceptive leasing practice for the purpose of evading full payment of benefits or premiums shall be found guilty of a fourth-degree crime.
  • A person who evades full payment of premiums or improperly denies or delays benefits shall be found liable to pay the sum due and owing plus simple interest and is civilly liable for damages and reasonable costs and attorney fees to any person injured by those violations.
  • If an employer fails to provide workers’ compensation coverage, that employer shall be found guilty of a disorderly persons offense. If the failure to provide coverage is determined to be willful, that employer shall be found guilty of a fourth-degree crime.

What are the civil penalties for committing Workers’ Compensation Fraud by not providing workers’ compensation coverage?

Civil penalties for failure to provide workers’ compensation coverage are:

  • Up to $5,000.00 for the first ten days.
  • Up to $5,000.00 for each period of ten days, thereafter.
  • If a judgment is entered by a Judge of Compensation against an employer, in addition to the amount of the judgment, a $1,000.00 penalty shall be imposed.
  • An additional assessment of 15% (not to exceed $5,000.00) of the judgment amount.
  • Civil penalties may be imposed even if there is no criminal prosecution.
  • A stop work order may be issued by the Director of the Division of Workers’ Compensation.
  • If an employer fails or refuses to comply with the stop work order, this shall result in a penalty of not less than $1,000.00 and not more than $5,000.00 for each day the employer is found to be non-compliant, in addition to other penalties allowed by law. All such money shall be paid into the Uninsured Employers’ Fund.

What are the criminal penalties for committing Workers’ Compensation Fraud by not providing workers’ compensation coverage?

  • 18 months in jail.
  • A $10,000.00 fine.
  • In addition to civil penalties.

What are the penalties for an employee who commits Workers’ Compensation Fraud?

  • If an individual fraudulently obtains workers’ compensation benefits, the Judge of Compensation has the power to terminate benefits. The individual would forfeit all additional benefits that he might have received. Medical treatment will be terminated, temporary disability benefits will cease, and there will be no monetary award of permanency benefits.
  • If that individual has received benefits to which he was not entitled, he is liable to repay that sum plus simple interest. This shall be repaid to the employer or the carrier. The sum may be deducted from future benefits payable, if benefits are not terminated.
  • That individual may be subject to indictment and conviction for a crime in the fourth degree with attendant fines and penalties.

What are the penalties for Health Care Claims Fraud?

It is illegal to submit a false claim form to an insurance company in order to be paid for health care services which were not received or provided.  This is a violation of the NJ Health Care Claims Fraud Act, and the penalties include:

  • A person who is not one of the licensed professionals listed below could be sentenced to 3 to 5 years in jail for filing only one false claim.
  • 5 to 10 years in prison if the person who submits the claim is a doctor, chiropractor, dentist, psychologist, nurse, pharmacist, physical therapist, lawyer or other licensed professional and the claim is submitted for professional services.
  • In addition, this person can be required to pay a fine of up to $150,000.00 or up to 5 times the amount of the claim.

How do I report Workers’ Compensation Fraud?

If you have reason to believe that a worker, an employer, a medical provider or an attorney may be committing fraud in connection with a workers’ compensation case, you should contact:

New Jersey Division of Worker’s Compensation
Attention: WC Fraud Coordinator
PO Box 381
Trenton, NJ 08625-2515

If you have reason to believe that an employer who does not carry workers’ compensation insurance, you should fill out a “Report of Non-Compliance” via e-mail http://lwd.dol.state.nj.us/labor/forms_pdfs/wc/pdf/interactive_pdf/NonCompliance_i.pdf or you may contact:

Office of Special Compensation Funds
PO Box 399
Trenton, NJ 08625-0399

(609) 292-0165 (fax) (609) 633-7783

If you have reason to believe that an employer is misrepresenting the amount of payroll or the proper classification of its employees, you may contact:

Roland Brazda
Compensation Rating & Inspection Bureau
60 Park Place
Newark, NJ 07102

(973) 622-6014 ext 214

If you have reason to suspect an individual or an employer of other fraud, you should refer the matter to:

NJ Dept. of Law & Public Safety
Division of Criminal Justice
Office of Insurance Fraud Prosecutor
PO Box 094
Trenton, NJ 086245-0094

1 (800) 553-7283

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Category: Fraud, New Jersey, Workers' Compensation | No Comments »