Fedele & Honschke Attorneys At Law, LLC Ocean County Personal Injury Lawyer | Workers Compensation NJ 2026-07-12T04:00:46Z https://www.sfhlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1604005/2021/11/cropped-site-icon-32x32.png On Behalf of Fedele & Honschke Attorneys at Law, LLC <![CDATA[Can you claim damages if a slip-and-fall was partly your fault?]]> https://www.sfhlaw.com/?p=52419 2026-07-09T14:06:29Z 2026-07-12T04:00:46Z Shared responsibility does not always bar financial recovery Being partly at fault does not always prevent you from recovering damages. Instead, the amount you recover often depends on how much fault each party shares. State law provides the framework for assigning fault. In New Jersey, personal injury claims generally follow a modified comparative negligence rule. You can usually recover damages if your share of fault does not exceed 50%. The court then reduces your award by your percentage of fault. If you are more than 50% responsible, you generally cannot recover damages. Courts examine the facts of each accident before assigning fault. They often consider the property’s condition, the actions of everyone involved and the available proof. Those details may shape how they divide responsibility. Even minor differences in the evidence can affect that determination.

Why understanding the facts is crucial

Every slip-and-fall claim depends on its own facts. Even small details can affect how courts assign fault and calculate damages. Photos, witness statements, surveillance footage and property maintenance records often provide important context. A legal professional can review the available evidence and explain how modified comparative negligence applies to your situation. They may also identify the issues that could affect the value of your claim.]]> On Behalf of Fedele & Honschke Attorneys at Law, LLC <![CDATA[Are you entitled to temporary disability payments in NJ?]]> https://www.sfhlaw.com/?p=52398 2026-07-02T15:56:22Z 2026-07-09T15:39:09Z TDI vs. workers’ compensation Both programs provide coverage for lost wages, but they have a key difference. Workers’ compensation covers injury or illness that occur on the job, while TDI covers off-job occurrences. Temporary disability insurance abides by different rules for qualification and other aspects. Either the State of New Jersey or a state-approved private plan administers temporary disability payouts. In contrast, both you and covered employers fund TDI, with your portion coming out of payroll deductions.

The application process

New Jersey provides up to 26 weeks of income replacement for temporary disability. TDI provides 85% of your average weekly wage up to a set state maximum (which adjusts yearly). To get your temporary disability benefits, you must go through an application process. In New Jersey, where you file depends on whether you have a state or private plan. If you have a state plan, you can file directly through the government website. For a private plan, you must apply through your employer’s insurance carrier and follow their application procedures. You must file within 30 days of the start of your disability to receive benefits. Filing after the 30-day deadline can result in denials or a reduction of benefits unless you can show a valid reason for your delay.

Eligibility and the waiting period

New Jersey has a built-in mandatory “waiting week” for TDI. The first seven days are typically not paid unless your unpaid leave reaches 22 days or more. Then, you will receive retroactive payment for the first seven days. Check if you are eligible to receive temporary disability payouts. You must fulfill one of two earnings criteria to receive TDI. To receive your benefits, you must work 20 calendar weeks in NJ covered employment and meet the following 2026 thresholds:
  • Made a minimum of $310 per week
  • Earned a minimum of $15,500 in the base year
Covered employees may still have their claim denied, like any type of insurance. You will receive a notice form explaining the reason for the denial. Fortunately, you can appeal by filing online or in writing within 21 days of the mailing date on the notice. Consider legal assistance if you choose to appeal a decision.]]> On Behalf of Fedele & Honschke Attorneys at Law, LLC <![CDATA[An SCI can create lifetime costs]]> https://www.sfhlaw.com/?p=52387 2026-07-02T10:04:54Z 2026-07-02T10:04:54Z Many injuries create short-term costs. If you suffer a broken leg in a car accident, you are going to need transportation to the hospital, you may need surgery on the broken leg, and you are going to miss work while you recover. But with something as significant as a spinal cord injury, it is also important to think about the long-term costs. After all, an SCI can be a life-changing condition, and a permanent injury could have a dramatic impact on the financial damages you face in the future. You may never be able to return to work, for example, or you may have a reduced earning capacity. You may need in-home care or ongoing medical treatment to help you adjust to living with the SCI.

Potential projected costs

While it is true that every SCI case is unique, the Christopher & Dana Reeve Foundation has put together a list of average yearly costs for common spinal cord injuries:
  • High tetraplegia: $1,064,716 in the first year and $184,891 annually
  • Low tetraplegia: $769,351 in the first year and $113,423 annually
  • Paraplegia: $518,904 in the first year and $68,739 annually
  • Incomplete motor function: $347,484 in the first year and $42,206 annually
These are just estimates, so your specific costs could be even higher. There could be complications that necessitate future medical care, for example, or you may have been a high-income earner prior to the injury, so your projected future losses would be higher than they are for someone else. It is very important to consider all of the specifics of your case and know what steps to take to seek the compensation you deserve.  ]]> On Behalf of Fedele & Honschke Attorneys at Law, LLC <![CDATA[Lack of sleep can make drivers appear intoxicated]]> https://www.sfhlaw.com/?p=52386 2026-06-24T09:31:39Z 2026-06-24T09:31:39Z Many drivers report that they’ve gotten behind the wheel when they’re drowsy, but that doesn’t mean that it’s a safe activity. It’s imperative that all drivers ensure they’re properly rested. Drivers who go too long without sleep can suffer from effects that mimic impaired driving.  Drivers who haven’t slept in 20 hours have similar effects to someone who is legally drunk with a blood alcohol concentration (BAC) of .08%. Even going 18 hours without sleep is dangerous because driving abilities at that point mimic someone who has a BAC of .05%.

What are the effects of fatigued driving?

Lack of sleep can affect drivers in a variety of ways. They may start to experience slow reaction times or difficulty with motor skills that make it harder to keep a vehicle in the lane of travel. Some drivers start to have eyesight changes, such as blurry or double vision.  Another hazard of fatigued driving is the risk of microsleeps. These are short periods of sleep that can last a few seconds, but even those short periods are dangerous. For example, if a driver is going 55 miles per hour and dozes for five seconds, the vehicle goes the length of a football field without being properly controlled.  Even if you’re well rested when you get behind the wheel, there’s a chance that a fatigued driver on the road may slam into your vehicle. This can lead to significant injuries and property damage. You may opt to pursue a compensation claim to recover the financial damages from the crash. Your time to do this is limited, so be sure to act quickly. It may be beneficial to have someone on your side who can handle the legal matter while you take care of recovering from your injuries.   ]]> On Behalf of Fedele & Honschke Attorneys at Law, LLC <![CDATA[Lawmakers are admitting that roadside workers are too vulnerable]]> https://www.sfhlaw.com/?p=52363 2026-06-08T03:16:26Z 2026-06-08T03:16:26Z Roadside workers perform some of the most dangerous jobs in the country. Construction crews, utility workers, emergency responders, tow truck operators and maintenance personnel often work only a few feet away from fast-moving traffic. Despite warning signs, flashing lights and reduced-speed zones, roadside employees continue to suffer serious injuries and fatalities at alarming rates. In recent years, lawmakers have increasingly acknowledged that roadside workers face unique dangers that deserve greater attention. One example is the proposed Safer Roads for Those Who Serve Act (S. 4245), which reflects growing concern about the risks confronting people who work along highways and roadways every day.

What does this new bipartisan bill say?

Among other measures, the proposed legislation would direct states to improve how they track crashes involving roadside personnel. Rather than grouping these incidents with broader traffic accident statistics, states would be required to collect more detailed information specifically related to highway worker injuries and fatalities. This distinction could help policymakers better understand the dangers facing roadside workers and identify patterns that contribute to preventable accidents. The proposal would also require states to take action when worker injury and fatality numbers increase. If safety data shows a troubling trend over two years, states would be obligated to develop and implement highway worker safety plans aimed at reducing future harm. In essence, the legislation recognizes that simply tracking accidents is not enough; meaningful safety improvements must follow when risks continue to rise. The need for greater protection is clear. Roadside workers often face distracted drivers, speeding vehicles, impaired motorists and poor visibility conditions. A driver glancing at a phone for only a few seconds may drift into a work zone with devastating consequences. Even when workers follow safety protocols carefully, they remain vulnerable to the mistakes of others. And while workers’ compensation benefits can help an injured worker, in an ideal world, no one would need these benefits in the first place. ]]> On Behalf of Fedele & Honschke Attorneys at Law, LLC <![CDATA[4 mistakes to avoid in a workers’ compensation case]]> https://www.sfhlaw.com/?p=52361 2026-05-30T02:12:55Z 2026-05-30T02:12:55Z 1. Delaying your report to your employer The sooner you inform your employer of a workplace accident, the better. Waiting too long can create complications that may affect your eligibility for benefits. Delayed reporting gives insurance carriers room to question whether the injury really occurred at work, which can work against you.

2. Failing to seek timely medical treatment

Postponing medical care is another crucial mistake. If you wait days or weeks before seeing a doctor, it becomes harder to link your injury directly to your job duties. It also makes it easier to downplay the severity of your injuries or argue that you made your condition worse by delaying treatment.

3. Giving inconsistent statements

Recorded statements to insurance adjusters can be used to challenge your credibility, especially if they change over time. Even small inconsistencies about how the injury happened or when symptoms began can be exploited to reduce or deny your claim. Social media posts can also undermine your case if they appear to contradict your reported limitations.

4. Not getting legal support

Handling a workers' compensation claim alone leaves you vulnerable to tactics designed to minimize what you receive or deny your claim altogether. Reaching out for early legal guidance can help you protect your interests and fight for the full benefits you deserve.]]> On Behalf of Fedele & Honschke Attorneys at Law, LLC <![CDATA[What role does surveillance footage play in liability claims?]]> https://www.sfhlaw.com/?p=52360 2026-05-21T15:15:32Z 2026-05-21T15:15:32Z Security video often shapes liability decisions Surveillance footage can provide an objective record in premises liability claims. It can show conditions that people may forget or describe differently. Videos can link the hazard, response and injury in one timeline. These recordings often play important roles in premises liability claims:
  • Showing the unsafe condition: Video footage may reveal liquid on a floor, uneven flooring or a broken handrail. This helps show that a dangerous condition existed before the injury.
  • Establishing how long the danger remained: A recording might show that a spill sat untouched while employees walked nearby. That timeline often matters because property owners generally need a fair chance to address hazards.
  • Confirming the lack of warnings: Footage can show if cones or signs were missing. It may also show if staff placed a warning only after the incident.
  • Supporting or challenging a person’s account: A camera may confirm that you walked normally, avoided distractions or did not ignore a visible warning. It can also create problems if it shows conduct that conflicts with witness statements.
  • Preserving facts when memories shift: Witnesses can leave the scene or remember details differently later. Recordings may give insurers and attorneys a fixed point of reference.
These functions often become essential when liability and fault are disputed after an accident. New Jersey follows a comparative negligence rule. This means compensation can decrease when an injured person shares responsibility for an accident.

Clear evidence can support better decisions

Security recordings can become one of the strongest forms of evidence in a premises liability claim. However, businesses may overwrite or erase recordings within a short period. Acting early can prevent the loss of details that may support your case. If you plan to sue for compensation, legal support can help preserve footage before a business deletes it. An attorney may send a preservation notice immediately to prevent the owner from altering the video. They can also compare it with witness statements and evaluate how liability rules apply.]]> On Behalf of Fedele & Honschke Attorneys at Law, LLC <![CDATA[What age group has the highest car accident rate?]]> https://www.sfhlaw.com/?p=52358 2026-05-15T19:36:47Z 2026-05-15T19:36:47Z While drivers in any age bracket can cause fatal car accidents, research suggests that the highest rate belongs to teenage drivers between 16 and 19. Their fatal crash rate is roughly three times higher than drivers who are at least 20 years old. This rate is calculated by looking at the number of fatal accidents drivers are involved in per mile driven. It is true that teenagers are a relatively small age bracket, so they are not going to make up the most total fatal accidents overall. But because they are driving less and covering fewer miles, it becomes clear that their accident risks are higher based on the per-mile rate.

This risk may increase over the summer

For other drivers, it is important to be aware that you have to share the road with teenage drivers who may cause serious accidents. Over the summer, when those drivers no longer have to go to high school or college, there may be more of them on the road. This increases the risks for everyone else, along with the teen drivers themselves. Defensive driving becomes important, as you should keep a close eye on the traffic around you. Pay attention to traffic patterns and the way others around you operate their vehicles, trying to anticipate their mistakes. Just knowing that you face a significant amount of risk from others, even if you do not personally make any driving mistakes, can help keep you safe. That said, there is always an inherent risk that you could be injured in an accident another driver causes. If you are, then you need to know about all of your rights to financial compensation.  ]]> On Behalf of Fedele & Honschke Attorneys at Law, LLC <![CDATA[What injured workers should know about returning to light duty]]> https://www.sfhlaw.com/?p=52352 2026-05-01T20:32:46Z 2026-05-01T20:32:46Z Workers who are injured on the job often need time away to recover. When they’re ready to return, they may not be able to resume their full responsibilities right away. In many cases, that means coming back on light duty. Understanding what that involves and what your rights are can help make the transition smoother. Light duty generally means that an employee is temporarily unable to perform certain job tasks due to medical restrictions. These limitations often involve activities such as lifting, standing, bending, climbing, reaching, walking, or driving. In some cases, a worker’s schedule may also be reduced. The goal of light duty is to support recovery by preventing further injury while allowing the employee to return to work as soon as it is reasonably safe.

Restrictions must be clear

One of the most important aspects of a light-duty return is having clear medical restrictions. The restrictions that are present when the person returns to work must be clear. A vague doctor’s note can create confusion, but a detailed note makes everything clear. For example, “no heavy lifting” doesn’t give much information, but “no lifting over 10 pounds” provides clear expectations.  Once an employee returns to work with light-duty restrictions, the employer may offer a temporary assignment that fits the needs. The person should still have duties, but those duties should match the medical limits that are provided by the doctor.  It’s possible that the modified job may not pay at the same rate as the previous job. Partial wage benefits may apply in these situations, depending on the policy and the facts of the claim. The same is true if an employer can’t assign the worker to a job that has suitable light duties.  Navigating the workers’ compensation system can be complicated. It can be beneficial for injured employees to work with someone familiar with these matters.  ]]> On Behalf of Fedele & Honschke Attorneys at Law, LLC <![CDATA[Why do drivers tailgate?]]> https://www.sfhlaw.com/?p=52333 2026-04-09T09:58:50Z 2026-04-09T09:58:50Z Many drivers have reported being tailgated. Unfortunately, this negligent behavior often happens on the road. Therefore, your chances of being tailgated are extremely high.  Tailgating is widely known as a dangerous behavior. So, why would a driver fail to maintain a safe following distance when they know the dangers of their behavior? Here is why:

Emotional, cognitive and perceptual factors

Several emotional, cognitive and perceptual factors contribute to tailgating. These include:
  • Impatience - When a driver is in a hurry or frustrated because they think the driver ahead is too slow, they may tailgate to encourage them to speed up.
  • Overconfidence - Some drivers are overconfident in their reaction times. They believe they are so skilled that they can react safely in seconds if the car ahead slows down or stops. But, in most cases, this does not always happen.
  • Distraction - A driver who is not paying attention to their driving, for instance, they are looking at their phone or outside, may not notice how close they are getting to the car ahead.
  • Habitual tailgating - Some drivers misjudge the following distance and, in turn, keep tailgating other road users. For example, an inexperienced driver who does not know how to apply the three-second rule may unknowingly follow you too closely.
  • Drunk driving - A drunk driver has impaired depth perception, poor coordination, and overconfidence, which can make it impossible for them to maintain a safe following distance.
  • Protecting the gap - In busy, multi-lane roads, some drivers reduce the safe following distance to as low as one second to prevent other cars from merging into that space. They do this to avoid losing their perceived "time" or position in traffic.
Understanding why some drivers engage in tailgating can help you know how to respond safely. If you have been injured in an accident caused by a tailgater, you can hold them accountable to receive the compensation you deserve.  ]]>