Bergen County, New Jersey Workers' Compensation Attorneys Blog

New Jersey worksite receives $130,500 in OSHA fines

2013-06-14T19:46:03Z

U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) cited two New Jersey companies for willful and repeat trenching hazards on a jobsite in New Jersey. The complaint dates from November 2012 and was the result of an "imminent danger complaint." This type of a complaint allows OSHA to inspect a worksite immediately if the working conditions are such that they could reasonably be expected to cause death or serious physical harm immediately or before the danger can be eliminated by normal enforcement proceedings.

At the Kearny, NJ site, workers were operating in an unprotected excavation 8 ft deep. This was determined by OSHA to be a willful violation, and resulted in a $28,000 penalty. Willful violations are "intentional, knowing or voluntary disregard for the law…or plain indifference to worker safety." In other words, the company either knows it is wrong and violates the law anyway or it simply doesn't care if workers are severely injured or killed by the practice. Construction accidents resulting from these type of violations are not accidents, but are instead accidents waiting to happen.

]]> The other company was cited for two repeat violations, which resulted $100,100 in penalties. This company had been cited for the same violation previously in 2008. The company had allowed workers into trenches that had not been inspected by a "competent person."

Trenches can be extremely deadly during a collapse, and strict regulations have been in place since the 1980s to prevent such accidents, meaning companies have few excuses for noncompliance.

If you work on a site that has imminent dangers call OSHAs hotline and if there are injuries, speak with an experienced construction accident attorney.

Source: OSHA News Release, "US Labor Department's OSHA fines two companies $130,500 for trenching hazards at Kearny, NJ, site," June 10, 2013

Its summer, OSHA warns of the dangers of heat

2013-06-05T21:54:05Z

With summer here, the Occupational Safety & Health Administration (OSHA) is again emphasizing the dangers of the summer heat for any workers who are exposed to high heat and humidity. While heat may affect workers in the South, OSHA's heat fatality map indicates at least three workers in New Jersey, New York and Pennsylvania have died due to heat stroke in the last four years.

It's not just construction and highway workers who are at risk, the New Jersey fatality was worker collecting garbage and the New York victim worked at a golf course. Heat stroke is preventable and no one wants their family to need to submit a workers' compensation claim for death benefits for such avoidable circumstance.

]]> OSHA warns that all workers exposed to conditions of high heat and humidity are at risk, especially those who have to wear heavy protective clothing, like firefighters. High dew points can be very dangerous, because the apparent temperature may be much higher than the air temperature. A high dew point means the body's ability to cool itself by sweating is greatly diminished, and the risk of heat stroke substantially increased.

The National Weather Service issues Excessive Heat Watch and Warnings in these conditions, and everyone who works outside or in buildings without air-conditioning should pay attention.

OSHA has also developed an app, available for iPhones, Android and Blackberry phones, that allows supervisors and workers to calculate the heat index for their worksite. It also calculates the risk level, and can provide reminders of the protective measures that need to be taken at that risk level.

Source: WEKU News, "New OSHA App meant to Keep Workers Cooler," Stu Johnson, June 3, 2013

spouse's workers' compensation benefits could double costs

2013-05-31T19:15:05Z

A bill has passed the New Jersey Legislature and could become law pending Governor Chris Christie's signature that would extend workers' compensation benefits to widows or widowers of police and emergency personnel. Given the financial conditions of many municipalities, there is concern on the economic impact such an extension would cause for many of these municipalities

The current workers' compensation law ends those benefits for a spouse of a deceased emergency personnel when they remarry. They receive a lump sum payout equal to about two-years of the workers' compensation they had been receiving.

]]> The new legislation would allow them to continue receiving those benefits until their own death. The Office of Legislative Services (OLS) has reported that current spouses who remain unmarried average about $1.85 million in benefits.

Some boroughs are concern with a significant increase in the cost of municipal workers' compensation premiums, with some suggestions being made that the $400 million in costs could double.

Part of the rationale for the bill is that many surviving spouses want to remarry for religious reasons, but cannot without risking the loss of their benefits. An argument has been made that it is unlikely that many will remarry because few have done so, but it is not the most compelling, as it is based on current conditions and existing numbers may be low because of the loss benefits the spouses would suffer if they remarried.

Others point out that surviving spouses already receive generous benefits and the additional workers' compensation benefit for life is unnecessary.

Source: South Jersey Times, "Workers' Compensation bill creates tension between municipalities and state legislators," Phil Davis, May 30, 2013

OSHA to extend deadline for crane operation certification

2013-05-23T15:03:01Z

The Occupational Safety and Health Administration (OSHA), has announced that it will propose to extend the compliance date for the crane operator certification requirement by three years to Nov. 10, 2017. While OSHA had issued a final standard for cranes and derricks in construction work in 2010, which would have required compliance with the certification standard by November of 2014, many in the industry have raised questions regarding the qualification/certification requirements.

Cranes and derricks are used in innumerable construction sites, from small units that may be used in residential construction to tower cranes on skyscrapers. The basic functions of cranes make them dangerous to their operators, other construction workers on a job site and in congested urban environments, residents and bystanders in the area.

The risks include electrocution by contact with power lines, the cranes tipping or overturning, falls and various types of mechanical failures. Most of those injured are not the operators, but the other workers in the area, including carpenters, ironworkers, and riggers. The injuries resulting from these crane accidents can result in complex injury cases, including workers' compensation claims.

]]> The goal of the OSHA regulations is to ensure that operators are qualified to operate the equipment. In April 2013, OSHA held meetings with various stakeholders on the certification/qualification issue.

Many questions were raised by the details of how to implement the standards, such as how specific the certification will have to be and if it will be seen as a floor or a ceiling. OSHA may issue a separate rulemaking later to address these concerns.

If you have been injured because of a crane accident, contact a workers' compensation attorney to clarify your rights to compensation.

Source: OSHA Trade News Release, "OSHA announces intent to extend compliance date for crane operator certification requirements," May 22, 2013

What is the true cost of food production?

2013-05-18T16:59:02Z

A recent report details the true cost of food in the United States and finds it is more expensive than most people think. Based on statistics from the federal government, the Center for Progressive Reform calculated that one farm worker dies every day of the year, working to produce the food we buy in the supermarket. Many of these farm workers may not be covered by workers' compensation laws, and they are excluded from federal labor laws.

And, of course, it is not just farm workers who are injured and die in food production. Industrial food plant workers, truck drivers and warehouse workers, who are all essential to the complex system of growing, processing, transporting and selling the wide variety of food sold in this country, all are subject to injuries or death from workplace accidents.

]]> The Occupational Safety and Health Administration (OSHA), responsible for maintaining a safe workplace for American workers is greatly over taxed and understaffed. The violations that their inspectors discover are probably the tip of the iceberg.

As the explosion of the West Fertilizer plant demonstrated, which had last seen an OSHA inspection in 1985, OSHA simply does not have the staff to adequately police the American workplace.

When a worker dies on the job, OSHA’s enforcement capability is limited. The maximum fined a company may receive from OSHA for a worker’s death is $7,500. In addition to the 4,000 workers who die in a year, tens of thousands are injured.

Many have workers' compensation available to help them with their recovery, but the process can be confusing and if you have been injured, speak with a workers’ compensation attorney for help with your claim.

Source: Peoples World, "Report: Food on American tables costs a life a day," Mark Gruenberg, April 25, 2013

Workers’ compensation for New Jersey emergency personnel

2013-05-10T17:44:00Z

One would think that a first responder injured or sickened at the workplace would not have to face obstacles when it comes to receiving benefits after being exposed to hazardous materials. However, in New Jersey emergency responders still need to provide proof that diseases they suffer have resulted from some hazardous event.

A new proposal made by a New Jersey legislative committee apparently has the purpose of changing this situation. The legislation would create a presumption that the illness of an emergency responder was work-related for worker’s compensation purposes, and that an employer would have to challenge this presumption before payments could be suspended.

]]> There have been complaints by carriers that this would result in more cost. For example, the presumption that particular types of cancer are work-related could double the amount of workers’ compensation benefits already paid out to these first responders. However, others have argued that there has been so great rise in payments when similar legislation has been passed in other states.

Though the assumption in workers’ compensation law has always been that employers will pay for work-related injuries or illnesses, there is still the requirement of proving up that the illness or injury was actually related to some circumstance at work. That’s why injured workers often require the assistance of an attorney that understands workers’ compensation law for the state in which they practice – in this case New Jersey.

We cannot assume that the new legislation will prevent employers from challenging workers’ compensation claims as each successful claim does result in an increase in the employer’s premiums. At the same time, emergency personnel should not be forced to wait when sickened by exposure to some substance at work.

Source: News Works, “N.J. may ease restrictions on workers’ comp for emergency personnel,” by Phil Gregory, May 9, 2013

Texas fertilizer plant explodes killing 14, injuring 160

2013-04-23T23:38:47Z

News concerning workers and accidents don't generate much interest in the news media, or from politicians. Last week's coverage of the explosion of the fertilizer factory in West, Texas is a good example. While the major networks were literally all atwitter over the manhunt to capture the Boston Marathon Bombers, the town of West was blown apart by the explosion of products on the site of the West Fertilizer Factory.

The blast killed 14, leveled many nearby buildings, left dozens homeless and more than 160 injured. Yet for all that, it received very limited coverage, and it is highly unlikely politicians from Texas, or any state, will be standing on the floor of Congress decrying the lack of effective regulation. For the dead and injured, workers' compensation and personal injury, attorneys will be the only chance they have of receiving any compensation or being made whole.

]]> Industrial accidents are largely ignored in the U.S. The author of an editorial in the Washington Post points out that in "In 2011, 4,609 Americans were killed in workplace accidents while only 17 Americans died at the hands of terrorists." Yet we will spend billions fighting a war on terror, which poses virtually no risk to the average American.

At the same time, politically motivated agendas, like the sequestration, will further degrade the ability of regulatory agencies to enforce the health and safety laws in the workplace, and members of Congress will move to further cut budgets, and place working Americans at risk of injury and death.

Workers are injured and killed on the job every day, and while little noticed nor long remembered in the media, we proud to help ordinary workers and their families obtain compensation and some small measure of justice.

Source: Washington Post, "The Texas fertilizer plant explosion cannot be forgotten," Mike Elk, April 23, 2013

Will your doctor be consulting an algorithm on your workers' compensation claim?

2013-04-18T23:56:53Z

On the job, injuries that result in workers' compensation claims often are painful. Back injuries, falls and broken bones typically leave workers with potentially long-lasting pain control needs. At the same time, insurers are becoming increasingly vigilant over claims that become what they consider as too expensive. While this is frequently couched in terms of concern over workers health and as a way of preventing prescription drug addictions from developing, it is as much a way of controlling the increasing costs of workers' compensation claims.

The Wall Street Journal reports on the growth of a number of companies that specialize in analyzing doctors and their patients and flagging those that are out of alignment with their proprietary actuarial programs that forecast the expected duration of a drug treatment. If a patient is receiving a longer treatment for their workers' compensation injury, the companies will contact the doctor and provide them with a treatment "roadmap" using evidence-based guidelines.

]]> Of course, some doctors are worried that this "business model" is just one more way to cut corners on ligament patient needs. The problem is that you can often get to the answer you want by asking the "right" questions. Their "analytic" software can easily be designed to always opt for the shortest, least elaborate and therefore cheapest course of treatment as being "best."

Like any other mechanical tool, they can either assist doctors and help them see some issues they may have missed, like potential prescription drug addiction. More worryingly, they could also be a means for insurance companies to harass doctors and coerce them into providing their workers' compensation patients with less treatment and less help. With insurance companies, one always is concerned that less is less.

Source: The Wall Street Journal, "When Your M.D. Is an Algorithm," Timothy W. Martin, April 11, 2013

Counterfeit workers' compensation insurance scheme uncovered

2013-04-10T16:41:54Z

Workers' compensation insurance is designed to promote two agendas. It allows injured workers to quickly obtain compensation for injuries that occur on the job, without needing to resort to the often slow and time consuming personal injury process. This ensures they receive the medical treatment they need in a timely manner and helps them return to work sooner.

Workers' compensation also provides a benefit to businesses, protecting them from potentially catastrophic lawsuits, say if a worker were killed on the job due to negligence by their employer. They also benefit by having their employees recover from their injuries and return to work. Workers' compensation helps both parties, by lowering costs for employers and making compensation readily available to workers.

]]> Out of California comes the unsettling report that three individuals created a series of sham companies and sold hundreds of fraudulent workers' compensation insurance certificates to businesses.

The insurance commissioner stated, "The greed and deception of these three individuals is egregious. This illegal activity not only left honest businesses unprotected, but also put the health and recovery of legitimately injured workers in jeopardy."

They were arrested and face multiple charges of theft, fraud and forgery. This fraud is troubling because an injured worker could be left uncompensated, since their employer did not have a genuine workers' compensation insurance policy. The employer also could be forced to defend a negligence lawsuit brought by an uninsured worker.

Fraud within the workers' compensation insurance system damages all legitimate businesses, whose rates increase to cover the added expense of the fraud, and places workers at risk by leaving them uninsured.

Source: California Department of Insurance, "Counterfeit workers' compensation insurance leave injured workers without benefits," April 5, 2013

OSHA issues citations for fall involving worker who suffered broken neck

2013-04-05T14:50:20Z

Another New Jersey roofing company has been cited by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for violations involving fall hazards, including one incident where a roofer fell and suffered a broken neck in October 2012. The Ridgefield, New Jersey based roofing company was charged with six violations at a job site in Moonachie.

The fines of for the violations were $57,300. According to an OSHA news release, the company was cited for four serious violations, which are issued when there is hazard that the employer should be aware of and it presents workers with a "substantial probability that death or serious physical harm" could occur. These types of injuries often result in a workers' compensation claim.

]]> The serious violations included lack of fall protection and training for the roofers, lack of an available fire extinguisher and a failure to protect workers from holes in roof. The last violation appears to have been the cause of the fall that left the roofer with a broken neck.

The repeat violations involved a lack of ladder training and failure to have a ladder extend the necessary 3-feet about the landing surface to ensure workers safety. As the name implies, the company had been previously cited for this same violation in 2011.

Falls present great risks to workers. And the physics of a fall explain why. During a 2-second fall, a worker accelerates to 64.4 feet/sec, or 43.6 mph. OSHA has an active campaign to raise awareness of fall danger and prevent worker injuries. If you have suffered an injury from a fall, contact a workers' compensation attorney for assistance in submitting your claim.

Source: WorkersCompensation.com, "NJ Roofer Suffers Broken Neck in Fall," March 20, 2013

Stop work orders and failure to insure for workers' compensation insurance in New Jersey

2013-03-29T00:53:02Z

In New Jersey, it is important that all employers have workers' compensation coverage, whether through an insurance provider or are approved for self-insurance. Workers' compensation insurance is required of all employers, even those from out-of-state who are working on jobsites in New Jersey. Employers will sometime attempt to misclassify workers as independent contractors to avoid responsibility for the necessary workers' compensation insurance.

News from Connecticut tells how their Department of Labor's Division of Wage and Workplace Standards had to issue "stop work" orders to companies who violated the state's workers' compensation rules by misclassifying workers on numerous construction sites.

]]> Companies attempt to obtain a competitive advantage by not carrying the proper insurance, avoiding unemployment taxes and improper payroll reporting, which may allow them to underbid other companies, who obey the law and adequately protect their employees with the appropriate workers' compensation insurance.

Connecticut can assess a $300 per day penalty for companies violating these laws. In New Jersey, the penalty can be more severe. If it is a willful, it may be charged as a crime. It also carries a penalty up to $5,000 for the first ten days and up to $5,000 for each additional ten-day period.

If the business is a corporation, the penalties can be assessed personally against the officers and failure to insure penalties cannot be discharged in a bankruptcy. And this is if no one is injured on the job.

If there are injured workers, the owner/officers of the employer can be personally liable for all medical expenses, temporary disability and permanent disability or dependency benefits of the injured worker. New Jersey may also levy civil penalties against owner/officers of the employer.

If you are aware of any employer who misclassified workers or failed to insure, report them to the New Jersey Office of Special Compensation Funds.

Source: WorkersCompensation.com, "CT DOL Issues Stop Work Orders To 27 Companies; Investigates Misclassification," March 27, 2013

Construction worker trapped in mud in New York subway tunnel

2013-03-23T04:53:40Z

Construction work is remarkably dangerous in New Jersey and everywhere in the U.S., from heavy machinery moving on job sites, to cranes lifting concrete and steel beams high in air, to workers in trenches, pits and tunnels being at constant risk of cave-ins, collapses and flooding. Workers are injured and sometimes killed in a variety of accidents on a daily basis across the country.

Occupational Safety & Health Administration (OSHA) reports that of the 4,114 workers killed on the job from 2011, 721 or 17.5% were construction-related. The most dangerous aspect of construction work, as measured by fatalities, is the risk of falling. The other three causes, that together OSHA calls the "Fatal Four," were electrocutions, being struck by object, and being caught-in/between something. These four worksite dangers account for nearly 60 percent of all workplace fatalities.

]]> But, of course, the remaining 40 percent of risks are just as deadly, but occur less frequently. The story from New York of the construction worker, who was trapped for hours in mud 75 feet deep in a subway tunnel, highlights dangers you may never think about. These risks could leave one severely injured and needing to file a workers' compensation claim to help during your recovery.

The man in the subway tunnel faced a surprising number of dangers during his ordeal. Being sucked into the mud and suffocated was the greatest risk, but hypothermia and being crushed by the mud. He could have suffered numerous non-obvious injuries over the four hours he was trapped.

If you are injured on the job, be certain to report the incident immediately and contact a workers' compensation attorney if you need help with the claim.

Source: New York Daily News, "'The mud just grabbed me and wouldn't release me': Rescued Second Ave. subway worker who spent four hours in cold upper East Side muck recovering," Barry Paddock , Larry Mcshane and Shane Dixon Kavanaugh, March 21, 2013

3D training simulator program released for forklift operators

2013-03-15T15:46:30Z

Simulators have been used for decades for training commercial and military pilots. These machines were once extremely expensive, requiring a tremendously sophisticated installation that was used in such applications as training pilots on complex, multi-million dollar jets, where savings on jet fuel and the risk of loss of aircraft, made them cost effective.

As computers and virtual reality technology has decreased in price, simulations for other purposes have become available. A company that was a spinoff of the University of Buffalo has announced that they have developed a 3D virtual reality simulator for forklift operators. The training system will help companies train operators with "hands on" experience, but without the risk of damage to machinery, product and workers' compensation claims for injured forklift operators.

]]> Forklifts can be dangerous in many applications, from warehouses to construction jobsites. In recent years, OSHA reports that annually more than 80 workers die from forklift accidents and almost 35,000 suffer serious injuries.

The simulation software allows workers to be trained in a variety of uses of forklifts without any risk to man and machine. The software, which uses a combination of video gaming technology with actual steering wheel, joystick and pedals to provide workers with the experience of operating a forklift in a virtual warehouse.

The training allows a worker to gain mastery of the handling of the machine and lifting various loads in different warehouse settings. The company indicates that the training program using the software runs about three to four hours. The program is reasonably priced, and should easily pay for itself by providing better training and reducing worker injuries and workers' compensation costs.

Source: OHSonline.com, "Virtual Reality Training Program Created for Forklift Operators," Mar. 11, 2013

Construction worker injured on job site by falling concrete in Jersey City

2013-03-08T00:05:20Z

Construction site are risky places to work. Massive machinery, weighing tens of thousands of pounds, hydraulic arms capable of exerting incredible pressure, sharp blades, drills, cranes lifting all manner of beams, panels and equipment, all of which can cause horrific injures and kill workers when something goes wrong. This is one reason workers' compensation is available for these workers.

This week in Jersey City, a construction worker was injured and required surgery for his injuries, when a concrete slab fell on him as he worked under the Pulaski Skyway. The man was positioned on a lift bucket when the concrete hit him. He was apparently wedged between some beams after the accident, but he was extract before the emergency medical technicians (EMT) arrived at the accident site.

]]> The news story did not describe how the accident happened, nor did it say what the injuries were or how extensive they were. No matter how it occurred, should be eligible for workers' compensation benefits for the injuries he suffered.

It is important to note that workers' compensation benefits cover the employee/employer relationship. If in this case, the falling concrete was caused by the negligence of another contractor or entity working on the site; it may be possible to file a "third-party" lawsuit against that sub-contractor or company.

A third-party suit is similar to a normal personal injury tort case. If you have questions about your accident and if it may allow a third-party case, you should speak with an experience workers compensation attorney. They can review your facts and help determine if you may have an additional source of compensation.

Source: The Jersey Journal, "Worker injured by falling concrete under Pulaski Skyway undergoes surgery," Ron Zeitlinger, March 6, 2013

Falls in warehouse leaves worker injured

2013-03-02T01:58:26Z

Workers in New Jersey and the rest of the nation probably know that falls present a significant risk for some jobs. They may think that ironworkers and roofers are at risk, and anyone who works on a ladder or scaffold. Nevertheless, they may underestimate the risk for other workers in many other workplace settings.

A story from Orangeburg, NY, may serve as a good reminder that roofers are not the only people at risk from falls and in need of workers' compensation for the resulting injuries. A warehouse worker fell 20 feet onto a concrete floor. He worked in the warehouse driving a forklift, but apparently climbed on the racking and lost his footing on the pallet racks and fell.

]]> Predictably, in occupations like residential constructions, falls are the single greatest source of fatal workplace injuries, and in 2010 caused 255 fatal accidents and over 10,000 injured workers.

For roofers and the construction industry, the Occupational Safety and Health Administration (OSHA) require that fall protection be employed in applications where workers are higher than six feet off the ground. While this worker was probably well intentioned, perhaps moving something on the rack to make room for a pallet, his accident highlights the risk posed by climbing on racks or other high places without proper equipment.

And falls can produce serious injuries for workers, even walking on a smooth surface that has any liquid or other slippery material on it; if you fall and strike the back of your head on a hard surface, you may find yourself speaking with a workers' compensation attorney about your long-term care and therapy to learn how to operate a motorized wheelchair.

Source: Lohud.com, "Cops: Worker suffers head injury after falling 20 feet at Orangeburg warehouse," Steve Lieberman, Feb. 12, 2013