New Jersey Workplace Injury Lawyers Share How to Effectively Use Evidence and Testimony in a NJ Workplace Injury Case
Jersey Justice Podcast Episode 3 Show Notes: New Jersey Workplace Injury Lawyers Share How to Effectively Use Evidence and Testimony in a NJ Workplace Injury Case
In episode 3 of Jersey Justice Podcast, Gerald and Mark share how to effectively use evidence and testimony in a New Jersey workplace injury case.
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Jersey Justice Podcast Episode 3 Show Notes: New Jersey Workplace Injury Lawyers Share How to Effectively Use Evidence and Testimony in a NJ Workplace Injury Case
Uncovering Key Evidence In New Jersey Injury Cases: OSHA, Notice of Claims, & More
In this episode, civil law attorneys Gerald H. Clark and Mark W. Morris, discuss the pre-suit investigation and evidence-gathering process for personal and workplace injuries in New Jersey.
They explain it is important to quickly gather evidence because surveillance video, witness memories, and other evidence can be lost or forgotten over time. They also discuss the role of the Occupational Safety and Health Administration (OSHA) in workplace injury investigations, the importance of giving notice of the claim and sending an evidence preservation letter.
Gather and Preserve Evidence as Soon as Possible!
They emphasized the importance of gathering and preserving evidence as soon as possible. They discussed the role of OSHA. OSHA is a federal agency of the United States Department of Labor that enforces safety rules and regulations and investigates hazardous workplace conditions. It has offices throughout the United States and New Jersey.
OSHA’s Funding Levels Play a Factor in Their Response to a Workplace Injury
OSHA’s level of response to a workplace injury often depends on the funding levels it receives from Congress. If an injury is severe enough, the police will call an OSHA investigator to take photos, interview witnesses, and determine if a violation has occurred.
If there has been a violation, the employer will usually be fined, though the money goes to OSHA and not the employee. These investigations are helpful to attorneys representing workplace injury cases, as they can access OSHA photos, statements, and reports.
New Jersey workplace injury lawyers Gerald and Mark also discussed the importance of OSHA in investigations for construction injury cases. OSHA is limited in its ability to investigate every job site, so it is important for attorneys to take steps to ensure evidence is preserved. An investigator can be sent out to do what OSHA would do, such as take pictures and gather evidence.
The Importance of Filing a Notice of Claim in New Jersey
Jerry shared that it can be helpful to file a notice of claim so there is proof of the incident or accident.
Anyone can contact OSHA and report a safety violation anonymously. Jerry and Mark also discussed how OSHA can issue a stop work order on a job if there is an imminent hazard to a worker. Filing a notice of claim and reporting violations to OSHA are essential to protect injured workers.
Jersey Justice Episode 3 Timestamps: New Jersey Workplace Injury Lawyers Share How to Effectively Use Evidence and Testimony in a NJ Workplace Injury Case
0:00:00
“Investigating and Gathering Evidence for Workplace Injuries in New Jersey: A Discussion with Gerald Clark and Mark Morris”
0:02:20
OSHA Overview and Investigation Process
0:04:50
Investigating Construction Injury Cases: The Role of OSHA and Evidence Preservation
0:06:35
Notice of Claim Requirements and OSHA Reporting Procedures
0:08:04
Subject: Construction Case Investigation Resources
0:10:24
Investigating Onsite Accidents: Tips for Gathering Evidence and Proving Construct Notice
0:15:13
Investigating Fraudulent Discovery Responses in Construction Injury Case
0:17:41
Discussion of Insurance Companies’ Tactics in Construction Injury Cases
0:20:57
“The Benefits of Patience and Education in Construction Injury Claims”
0:22:46
Best Practices for Preparing Cases for Trial: The Benefits of Taking the Time to Get it Right.
0:24:38
Investigating and Settling Personal Injury Claims
