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Hackensack Workers' Compensation Law Blog

Temporary work—full protection

As a temporary worker in New Jersey, because you may spend a limited amount of time on any given job, employers may be tempted to forgo some of the safety training and protection you should receive. We at Parisi & Gerlanc understand that, regardless of the terms of your employment, you have the right to a safe workplace.

According to the U.S. Occupational Safety and Health Administration, each employer and the staffing agency that assigns you to the job are responsible for preventing a workplace injury from happening to you. The staffing agency has several duties that are designed to keep you safe. There must be an understanding of what hazards may be present at a workplace before you are assigned to the job. OSHA does not waive the responsibility of the agency because there was no knowledge of the dangers. The agency is required to contact the employer to make sure that any hazards are addressed and safety precautions are taken before sending you there.

A desk job could raise your risk of death

People in New Jersey may be aware of the discomfort that comes from sitting at a desk in front of a computer all day. Even with an ergonomic computer keyboard and desk chair, an office worker may be at risk for injuries and long-term complications if other factors are not considered and compensated for. According to the Washington Post, a person who sits all day has a higher chance of heart disease, muscle and bone disorders, poor brain function and some types of cancer, in addition to spinal damage.

Proper posture may help, but gluteal, hip and abdominal muscles are not used while a person is sitting, and this allows them to degenerate. Without strength in these regions, stability, mobility and range of motion are impaired. Circulation in the legs is also negatively affected by long sessions in a chair, and this can lead to blood clots. When clots develop in the lower limbs, these may travel up the veins to the heart and lungs, putting a person at risk for stroke or heart attack.

What is the Second Injury Fund?

As you may have discovered when you started receiving workers’ compensation benefits in New Jersey, there is a limit on how long these payments will last. If you have suffered an injury that has made it impossible to work, you may be concerned about what you will do when your employer’s workers’ compensation insurance no longer has to pay.

According to the State of New Jersey’s Department of Labor and Workforce Development, you may qualify for continuing payments from another source if you already had a disability when you began the job. These benefits come from the Second Injury Fund, which was set up for people in circumstances like yours.

New Jersey work-related health problems

Even the most seemingly benign workplace in Bergen County may put a worker in harm’s way. Whether someone lifts heavy loads or sits at a desk, for example, the spine is at risk for serious issues. The U.S. Department of Labor gathers the statistics for all workplace-related illnesses and injuries via an employer reporting system. By taking a look at the most recent numbers for New Jersey, researchers can analyze the safety of various industries, and develop improvements to prevent further harm.

In the private sector, illnesses only accounted for 4.4 percent of the recorded issues employees suffered, and 32 percent of the 3,100 cases involved breathing conditions, skin problems and hearing loss. Roughly 68,800 sustained injuries on the job. Including both categories, there were 40,900 workers who missed work for days, were restricted from performing their normal job duties or required a transfer to a new job. More than 31,000 suffered less severe issues that were significant enough to be reported, but did not lead to restriction or transfer, and the employees did not miss days of work.

Protecting yourself from a lifting injury

If you work in a Bergen County warehouse, you are probably required to lift anywhere from 50 to 100 pounds on a regular basis. This kind of repetitive work can take its toll and one of the most common injuries we see here at Parisi & Gerlanc Attorneys at Law are those related to lifting. While not all work injuries can be prevented, there are certain things that you and your employer can do to reduce your risk.

The Occupational Safety and Health Administration points out that the warehouse should be sufficiently lit. While this seems like common sense, it can be easy for warehouse managers to overlook a lightbulb that is not burning at its full capacity. If a job is a one-time assignment in the far corner of the building, you or others may dismiss the fact that it is a bit dark there. However, you should always bring any lighting deficiency to the attention of your supervisor or bring in additional lighting to make sure the work is done safely.

What you post on social media could hurt your workers’ comp claim

For many people in New Jersey, social media sites like Facebook, Twitter and MySpace are part of their daily routine. These sites enable people to post photos and messages about their activities, but they can also be used to deny a workers’ compensation claim.

For example, one woman posted videos of herself competing at a beauty pageant on YouTube, according to Insurance Journal. However, at the same time, she was collecting workers’ compensation for an injury to her foot. She claimed that she was unable to wear a shoe on that foot, move it or place any weight on it. The videos though, show her walking in high heels without any problem. Consequently, she charged with committing fraud.

Are you suffering from PTSD due to workplace trauma?

Violence, excessive bullying or harassment, or a natural disaster that occurs at your workplace in Bergen County can be a traumatic event that affects you emotionally and mentally. Perhaps you are struggling to concentrate on daily tasks or you find yourself reliving the experience over and over again. You may be suffering with post-traumatic stress disorder.

The National Institute of Mental Health states that men are less prone to have PTSD than women, but it can occur in either sex, regardless of age. If you do have it, you may also be suffering with another mental health issue such as anxiety or depression. This is common with the disorder, as well as abusing substances like drugs or alcohol. If you have been experiencing symptoms for more than a month, your doctor will probably determine that you have PTSD. To make the final determination though, your doctor needs to rule out other possible factors such as a medical illness.

Scaffold collapse blamed for work accident in water tower

Any workplace environment in Bergen County can become the scene of an accident, but there are some jobs that are considered more dangerous than others. The U.S. Department of Labor points out that construction workers often suffer serious injuries and the No. 1 cause is falls. This is not surprising since workers in this industry often perform tasks while standing on scaffolds several feet above the ground. If the platform they are using has any defects within it, the results could be disastrous.

This was the case for one man who was working across the river in another state. Apparently, he and another worker were in the process of painting the inside of a water tower, which rises almost 200 feet from the ground. The man incurred injuries to his back, neck and head when he fell a distance of almost 40 feet. It is unknown how serious the injuries were but first responders stated that he was conscious and alert throughout the rescue. He was immediately transported to a local hospital by air.

Returning to work after a workplace injury or illness

As part of a workers' compensation claim, it is common for workers to take a leave of absence from work as they recover from the illness or injury. According to the New Jersey Department of Labor and Workforce Development, in order to be eligible for temporary disability benefits under workers' compensation, the injury or illness must keep an individual out for at least seven days. This count need not be a consecutive number of days and includes holidays and weekends.

For those who have a less severe injury or illness, returning to work will not be an issue. However, many find issues as they return to work while still recovering from an injury or illness. In some cases, a doctor might clear a person to light duty work rather than their full workload. If an employer is unable to provide work that fits within the medical clearance, then the employee is entitled to temporary disability befits until the individual fully heals or reaches the maximum possible point of recovery. The individual must continue to receive medical care from an authorized professional for this to happen.

Preventing slip and fall accidents in the workplace

Although every possible cause of an accident cannot be foreseen, employers typically take care to create a safe environment to reduce the number of injuries that occur. There are some common scenarios for which companies can implement practices to reduce some of the most frequent causes of accidents and injuries in New Jersey, such as slip and fall accidents.

Despite programs in place to prevent falls, many companies continue to have unsafe practices that have kept the number of workplace accidents steady, according to the Centers for Disease Control and Prevention. There are several contributing factors that could lead to falls. Some of the most common are due to issues with surfaces on which workers walk or work. This might be that they are unstable, cluttered or slippery. Poor safety with ladders and openings in the floor and wall also contribute to the problem.