With summer right around the corner, an important question warrants an answer – does the risk of personal injury actually increase with warmer weather? The answer appears to be yes, there can be heightened risk of personal injury during warmer weather months, particularly in the summer when temperatures soar and heat advisories are issued. Summer months have traditionally reflected an increase in the number of accidents, reported injuries, and personal injury claims. It is important to be aware of this risk of personal injury as you make summer plans. It is important to enjoy all that the summer season has to offer, but do so with care and caution.
Warmer Weather and Car Accidents in New Jersey
The number of reported car accidents, and associated personal injury claims, seem to increase during the summer months. For example, the National Highway Traffic Safety Administration (NHTSA) reports that between Memorial Day and Labor Day, auto accidents routinely spike across the country, including in New Jersey. Specifically, according to data compiled by NHTSA, approximately 29 percent more people die in car accidents during the summer when compared to the winter.
This increase in serious collisions is likely due to an array of factors, such as the summer months often featuring an increase in the number of motorists traversing busy roads and highways (e.g., summer vacation road trips, tourists unfamiliar with a particular area, etc.). There also tends to be more road construction in the summer as well as more teen drivers and more drinking and driving.
Bicycle accidents also tend to be common during the summer season. Bicycling can be a great way to enjoy the beautiful summer months and, generally speaking, tends to be more popular during the warmer weather months. More bicyclists on streets and roadways means a heightened risk of collisions with motorists. As a result, if you plan to be out on your bike this summer, be sure you are fitted with the proper safety gear, such as a helmet, and familiarize yourself with your biking route as well as the relevant laws applicable to bike riding.
Summertime also is a common time for other personal injury accidents including:
- Amusement park accidents
- Dog bites
- Electric scooter accidents
- Pedestrian accidents
- Pool accidents
Recoverable Damages in a New Jersey Personal Injury Claim
If you or a family member was seriously injured in a car accident, bicycle accident, or any other accident caused by the careless or reckless actions of another individual or company, then you likely have grounds to pursue financial restitution through a personal injury claim.
In New Jersey, personal injury claims typically involve the pursuit of three forms of recoverable damages: economic damages, non-economic damages, and punitive damages.
Economic damages, also known as special damages, are generally considered to be your quantifiable harms and losses that stem from the accident. Examples typically include:
- Medical expenses (both immediate and long-term)
- Lost wages
- Diminished earning capacity
- Property damage
In addition to economic damages, you may also be able to pursue non-economic damages. These are the harms and losses that are more difficult to calculate and are considered intangible. Examples of non-economic damages include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
A third category of damages that could be recoverable, depending on the circumstances of your claim, are punitive damages: Generally speaking, punitive damages are not intended to compensate you. Instead, they are levied in an effort to punish the defendant for particularly egregious behavior. A common example of when punitive damages could be pursued is if you were hit by a motorist who was heavily intoxicated and traveling well in excess of the posted speed limit.
Warmer Weather Leads to Increased Risk of Personal Injury or Accidents in the Workplace
Weather temperatures can heat up quickly in New Jersey, which presents a heightened risk of personal injury, including heat-related workplace injuries and illnesses during the warmer months. For example, the Occupational Safety and Health Administration (OSHA) has published warnings about heat-related accidents and illnesses that could potentially impact outdoor workers, including:
- Landscapers
- Road construction crews
- Home builders and painters
- Manufacturing and assembly workers
- Concession stand workers
High temperatures, primarily during the summer months, pose a safety risk since the high temps can fog up windows and safety goggles, making it hard for workers to see properly. Sweating can also make it more challenging to grasp handrails or objects, such as heavy tools, dangerous equipment or sharp objects. In addition, heat stress can lead to severe dehydration and illnesses such as heat exhaustion and heat stroke
Regarding heat-related illnesses, OSHA reports that such illnesses can occur in hot temperatures when the air is too humid to allow for evaporation of sweat. The body’s core temperature steadily increases, and may result in rapid heart rate, increased irritability and confusion, and fainting. Heat rashes and cramps may also develop. If the worker is not cooled down in a timely manner, it could potentially lead to heat stroke.
To protect workers during the warmer weather months and in hot environments, the Centers for Disease Control and Prevention (CDC) advises employers to train supervisors about the signs of heat-related illness and to take the steps needed to limit exposure and excessive exertion.
This may involve using high powered fans to increase air velocity as well as adding more workers to allow for more frequent breaks. Special tools and equipment used to minimize manual tasks, such as having to bend, lift, and stretch, are helpful, as is using heat acclimation programs to gradually build up a worker’s endurance.
Proactive steps workers can take to protect themselves from heat-related accidents and illnesses include:
- Drinking plenty of water and using sports drinks to replace electrolytes
- Taking breaks in cool locations
- Using a buddy system, to alert one another for danger signs
Workers’ Compensation Benefits
If you were badly injured on the job in New Jersey, you may be eligible to receive workers’ compensation benefits. Generally speaking, workers’ comp benefits can help cover the cost of your medical care and a portion of the wages that are lost due to a temporary or permanent disability.
In New Jersey, it is important to note that you need to file a formal workers’ comp claim within two years of the date of injury or the date of the last payment of compensation, whichever is later. If your injury is considered an occupational illness, then you must file the claim within two years from the date you first became aware of your condition and believe it was related to your job.
In addition to the two-year filing period, there are certain Employer Notice requirements under New Jersey’s workers’ compensation law. While you have up to two years to file a claim for benefits, you are obligated to notify your employer within 90 days of the injury to preserve your right to workers’ comp benefits.
Your employer may not be transparent about what benefits you may be eligible for, so it is important to get your potential workers’ comp case evaluated by a skilled and experienced New Jersey workers’ compensation lawyer to make sure you are receiving everything you are entitled to after a workplace accident or illness.
Have Questions? Speak to an Experienced Personal Injury Lawyer in New Jersey
If you or a loved one was seriously injured in an accident, whether it was a car accident or workplace accident, then you are likely feeling anxious and stressed about what to do next. You may also have important questions about your legal rights and options that deserve direct and fulsome answers. The experienced New Jersey personal injury lawyers with Bross and Frankel are here to help.
Our law firm is committed to helping people throughout New Jersey who were badly injured in various types of accidents. With decades of combined experience helping injured people throughout New Jersey, our team of knowledgeable and dedicated personal injury attorneys know how to get results. To learn more or to schedule a free, confidential consultation, contact us today at (856) 795-8880 or fill out our online contact form.
Want to learn more about the risk of personal injury and summertime accidents? Click here to join Elizabeth Berenato, Esq., a Certified Civil Trial Attorney at Bross & Frankel, P.A. for a special edition of Coffee with Joe. In this episode, Ms. Berenato is joined by Adam Kotlar, Esq. and Justin Cohen, Esq. of Kotlar, Hernandez & Cohen to discuss summer accidents. What do you do when you sustain an injury while on summer vacation? Click to watch and learn the answers!