Parisi & Gerlanc, Attorneys at LawParisi & Gerlanc, Attorneys at Law2024-01-30T05:23:50Zhttps://www.parisiandgerlanc.com/feed/atom/WordPress/wp-content/uploads/sites/1503923/2020/04/cropped-og-img-2018-02-17-10-51-29-1-32x32.jpgOn Behalf of Parisi & Gerlanc, Attorneys At Lawhttps://www.parisiandgerlanc.com/?p=510692023-12-27T21:56:58Z2023-12-27T21:56:58ZIf you have a teen who works part-time during the school year and/or as many hours as they can get during their school breaks, you need to understand (as do they) their rights in the workplace. They have the same rights as adult employees as well as further protections regarding how much they can work, depending on their specific age.
They also have the right to receive workers’ compensation benefits if they suffer a work-related injury or illness. Just about all New Jersey employers are required to have workers’ comp coverage.Even if their employer was violating New Jersey child labor laws in some way (for example, in the hours the teen was working or the type of work they were doing) when they were injured, the teen still qualifies for workers’ comp. In fact, they may be entitled to added benefits.
Why are teens more likely to be injured than older workers?
If your teen is working in a restaurant, store or movie theater, you might not consider their job risky. However, teens and young adults (under 25) have twice the rate of workplace injuries as their older co-workers, according to the U.S. Department of Labor. Why is that?They usually work part-time or seasonally, so they often don’t receive as much safety training as full-time employees (even though they should). Further, they’re generally not as experienced with equipment (even things like kitchen equipment in a restaurant) as full-time employees.They often offer or agree to do things that older workers resist -- like climbing on tall ladders, cleaning up spills or emptying the trash. They may be less willing to ask for help or even someone to “spot” them while they climb.
Be sure your teen knows their rights
Unfortunately, some employers take advantage of young workers who often don’t know their rights or who are afraid to assert them. Be sure they know they have the right to seek workers’ comp to cover medical treatment, replace some lost wages and more if they are injured or develop a medical condition due to their work. That’s true in most cases even if they were at fault.Employers can’t retaliate against them by firing them, cutting their hours (unless they can’t work due to their condition) or in any other way for seeking workers’ comp. If your teen is having difficulty applying for or getting the benefits to which they’re entitled, having legal guidance can help.]]>On Behalf of Parisi & Gerlanc, Attorneys At Lawhttps://www.parisiandgerlanc.com/?p=510672023-12-13T18:54:21Z2023-12-13T18:54:21ZNew Jerseyans know the wintertime drill - dress in layers, give yourself plenty of time to reach your destination, and to expect the high winds and heavy snowfall that come with a Nor’easter.
Still, no matter how prepared you may be, sometimes there is no preventing a slip and fall in the parking lot on your way into or from work. But you’re not on the clock, so can you receive workers’ compensation if your fall results in an injury?
New Jersey’s Workers’ Comp Laws
The winter weather can provide a wonderland that is a joy to behold. However, it’s accompanied by treacherous snow and ice that increases the risk of slips and falls. Such accidents can have severe implications involving bruises, fractures, and even severe concussions. Even someone wearing proper footwear can find themselves on an icy patch and unable to gain traction. Getting in and out of a vehicle can be especially hazardous if one foot is inside and the other hits an ice patch.Employers have a duty to provide their staff with a safe work environment, which extends to the parking lot outside the building. Employers are also required to carry workers’ compensation insurance that covers lost wages and medical expenses for employees who are injured on the job.
But what about injuries that occur off the clock?
The premises rule states that employees are covered when they arrive at the employer’s premises for work purposes. Therefore, an employee injured in a parking lot slip and fall while arriving or leaving work is eligible for workers' compensation benefits.]]>On Behalf of Parisi & Gerlanc, Attorneys At Lawhttps://www.parisiandgerlanc.com/?p=510662023-11-29T02:40:37Z2023-11-29T02:40:37ZYour particular injury is not covered
Unless you suffered the injury away from your workplace and on your own time, it is probably eligible for benefits. It does not typically matter what type of injury workers suffer if it is connected to the workplace or job tasks.
You can be fired for filing a claim
Although most employers may fire employees at will, they cannot do so in retaliation for filing a workers’ comp claim. If this happens in your case, you can probably still obtain your workers’ comp benefits and may also have grounds for a retaliation claim.
We’ll deny your claim if you file
New Jersey employers do not have the power to deny or approve workers’ compensation claims. Many employees do not fully understand their rights after a work injury. The Department of Labor and Workforce Development makes claims decisions.
Many workers’ compensation claims proceed smoothly, with the employer doing nothing to obstruct or interfere with the process. A legal opinion may offer clarity and guidance if you are having trouble obtaining your benefits.]]>On Behalf of Parisi & Gerlanc, Attorneys At Lawhttps://www.parisiandgerlanc.com/?p=510652023-11-10T15:55:49Z2023-11-10T15:55:49ZThe “going and coming rule” is a general doctrine that applies to workers’ comp cases. It helps to define when someone can qualify for workers’ compensation and when they may not. Specifically, this rule relates to car accidents.
Generally speaking, workers are not covered by workers’ comp benefits during their commute. If a worker is simply driving from their house to the office or from their place of employment back to their home, and they get in a car accident and suffer injuries, they can’t seek workers’ comp benefits. This doesn’t mean they don’t have any options, as they may be able to seek compensation from the driver who caused the crash, but it’s a personal injury case and not a workers’ comp case.
Does this always apply?
No, there are some exceptions where this does not apply. If a person’s boss gives them a task that they have to complete during this commute, then they may qualify for workers’ comp benefits.For example, perhaps an employee normally commutes to work on their own and clocks in when they get there. One day, however, their boss calls them before work and tells them to make a pickup on the way into the office. They need more supplies for a project that is supposed to happen that day.If the employee goes and makes the pickup and then gets in an accident while driving to work, it may count as a workplace accident. They were performing the duties of their job by making the pickup, not just driving through their standard daily commute.A situation like this can sometimes get complicated, especially when employers and employees disagree about what counts as a work-related task. Those involved need to know about their legal options.]]>On Behalf of Parisi & Gerlanc, Attorneys At Lawhttps://www.parisiandgerlanc.com/?p=510622023-10-27T15:24:15Z2023-10-27T15:24:15ZWhat does the workplace injury data show?
Workers in industries ranging from retail to healthcare fall on the job and get hurt. People do not need to perform their jobs at a notable elevation or even have stairs to climb for a fall to force them to seek medical care and keep them from returning to their jobs promptly. Falls on the job are responsible for 16% of all workers' compensation claims and account for up to 26% of the costs generated by such claims.
Some employers seek to minimize fall risks by requiring special footwear. Others ignore the risk and may even demand that their workers rush on the job, which could very well increase their possibility of slipping and falling. Thankfully, workers don't need to prove fault to qualify for benefits in most cases.
If someone breaks a bone or hurts their brain, a fall on the job may qualify them for workers' compensation benefits. Ultimately, understanding that legal and financial protections are in place for their benefit in the event of workplace injuries (and seeking legal guidance accordingly) may give workers the courage to speak up after getting hurt on the job.]]>On Behalf of Parisi & Gerlanc, Attorneys At Lawhttps://www.parisiandgerlanc.com/?p=510612023-10-25T22:08:32Z2023-10-25T22:08:32Zlight duty” work, with or without additional reasonable accommodations. Light duty work is often presented as a helpful way to allow injured workers to transition back into the workforce while still healing.
3 common problems with light-duty work
Under the rules for workers’ compensation, you can’t decline the offer if your doctor releases you to do the work without losing your benefits, but light-duty work can have a lot of pitfalls. Some of the biggest problems injured workers encounter include:
“Light-duty” work that isn’t exactly light: Just because a job is less physically demanding than your usual work doesn’t make it light duty – and there’s no guarantee that you can do the job without hurting yourself further. For example, if you’re given a desk job instead of your usual manual labor work because of a back injury, eight hours a day in a hard chair can still cause you significant pain and aggravate your condition.
Jobs that you’re not qualified to do: If you have always done physical work with your hands, putting you on a desk job that’s beyond your skills and training isn’t fair – but employers sometimes do it anyhow. For example, if you’re given clerical work to do and told to fill out spreadsheets but you have no software training, that can feel like an impossible position.
Jobs that are clearly made up: it’s also not unusual for employers to invent light-duty job assignments that are incredibly tedious, like sorting loose screws into jars or taking paperclips out of documents before they’re shredded.
Oftentimes, these maneuvers are designed to frustrate an injured worker so that they feel pressured to either quit or return to their previous job sooner than they’re ready. If this happens to you, learning more about your options under the law can help you fight back.]]>On Behalf of Parisi & Gerlanc, Attorneys At Lawhttps://www.parisiandgerlanc.com/?p=510582023-10-13T19:11:54Z2023-10-13T19:11:54ZSlips, trips and falls
The most dangerous aspect of slips, trips and falls is that they can happen anywhere. Offices tend to be busy spaces both in terms of the number of people and equipment. It’s important that equipment is installed properly, with no trailing electrical wires. It’s also vital that employees are given adequate space to work in, as overcrowding can result in falls.
Eye injuries
Staring at a computer screen for most of the day may not sound dangerous, but it can be. Without adequate lighting and anti-glare technology, office workers can strain their eyes. Not only does this cause short-term discomfort, but it can cause long-term eye injuries.
Workers should be provided with up-to-date technology that protects their eyes as well as receiving routine rest breaks to recuperate.
Repetitive strain injuries
Repetitive strain injuries are another hazard that office workers face. These injuries, like carpal tunnel syndrome, occur when employees carry out the same motions day after day. With adequate rest breaks and flexible work schedules, this risk of carpal tunnel syndrome can be mitigated.
Whether you work in an office or a construction site, you’re entitled to safety. If you’ve been injured on the job, you may be entitled to workers’ compensation. Seek legal guidance to find out more about the options open to you.]]>On Behalf of Parisi & Gerlanc, Attorneys At Lawhttps://www.parisiandgerlanc.com/?p=510562023-10-04T03:07:49Z2023-10-04T03:07:49ZThere are potential job-related hazards associated with every profession. Construction workers frequently suffer harm as a result of falls, while nurses experience back injuries at a shocking rate due to the need to lift patients.
These sources of harm are relatively obvious, given the job duties of the affected professionals. Yet, some work-related hazards aren’t always immediately apparent. This is one of the many reasons why it’s important to keep up with news related to job safety within your chosen profession. What you could learn may both surprise you and inspire you to be extra cautious when encountering certain hazards.
What passengers are blowing into the air: A stark example
Another reason why it’s so important to understand the hazards that affect one’s profession is that, in gaining this understanding, workers can take more proactive approaches when they may be entitled to workers’ compensation benefits. For example, a public transit worker wouldn’t ordinarily assume that, if they were developing a lung condition or signs of toxic exposure, their job might be to blame, yet a new study suggests that they shouldn’t dismiss this possibility out of hand. The study, conducted by multiple transit agencies in the Pacific Northwest, determined that illicit drug use by bus and train passengers is affecting the health and well-being of transit operators. Specifically, air and surface exposure to methamphetamine is potentially affecting their mental and physical given the fact that it was present in all air samples and 98% of surface samples. Exposure to fentanyl residue is also particularly concerning. It isn’t always obvious that someone’s health challenges may be connected to their employment. However, carefully scrutinizing one’s job environment and activities can help individuals determine whether even seemingly unconnected health symptoms might be employment-related and, therefore, likely to result in a favorable workers’ compensation benefits award. ]]>On Behalf of Parisi & Gerlanc, Attorneys At Lawhttps://www.parisiandgerlanc.com/?p=510542023-09-18T15:20:26Z2023-09-18T15:20:26Zworkplace accidents and hazards.
To understand the most prevalent accidents they face, it’s crucial first to grasp the context in which they operate. Firefighters operate in environments fraught with hazards. From towering infernos to chemical spills, their workplace is a dangerous one.
Fires and burns
One of the most obvious risks faced by firefighters is the fire itself. The intense heat and flames pose an immediate threat, leading to burns and smoke inhalation. These accidents can be devastating, often requiring long-term medical attention.
Structural collapses
Fighting fires in buildings can lead to structural instability. Collapses, while not as frequent, are very dangerous when they occur. Firefighters must constantly evaluate the structural integrity of a building to avoid being trapped or injured.
Chemical exposure
In industrial or hazardous materials incidents, firefighters may come into contact with harmful chemicals. This exposure can lead to chemical burns, respiratory issues and long-term health problems.
Traffic accidents
Firefighters often respond to emergencies on the road. High-speed travel, adverse weather conditions and the situation’s urgency can result in traffic accidents. These incidents can cause injuries and fatalities, adding to firefighters’ overall risks.
Slips, trips and falls
Among the most common workplace accidents for firefighters are slips, trips and falls. These can occur due to various factors, including uneven terrain at emergency scenes and scattered equipment. Firefighters are often required to navigate treacherous conditions quickly, increasing the likelihood of accidents.
Firefighters face a multitude of workplace hazards in their noble profession. That’s why these first responders should pursue workers’ compensation benefits and seek legal guidance when necessary.]]>On Behalf of Parisi & Gerlanc, Attorneys At Lawhttps://www.parisiandgerlanc.com/?p=510522023-08-28T19:15:28Z2023-08-28T19:15:28ZSuffering from an injury while working can be disastrous. Many employees fear that their injuries may make them ineligible to continue working, which could greatly hurt their lives. Injured workers should be aware that their injuries may make them eligible for workers’ compensation benefits. Workers’ comp could give employees lost wage compensation and health benefits, such as physical therapy and medical treatment.
Injured workers should be aware that their benefits can be denied. This could create a major issue if it isn’t resolved quickly. There are a few reasons injured employees may have their workers’ comp denied:
1. They failed to make a report to the employer
Employees suffering from work-related injuries should reach out to their employers immediately to start the workers’ comp process. Their employer is responsible for filing paperwork allowing employees to receive their workers’ comp benefits. If an employee waits too long to report their injuries, the employer may suspect that the injuries didn’t happen while the employee was working.
2. They didn’t seek out the right medical provider
Furthermore, injured workers should have a medical report of their injuries. The doctor or medical professional treating an employee’s work-related injuries may be selected by the company or their insurer. An employee who seeks out a doctor who isn’t certified to handle workplace injuries may be responsible for handling all the treatment expenses.
3. They weren't injured on the job
As mentioned above, workers’ compensation can be denied if the injuries were not work-related. For example, a forklift accident during work hours could make an employee eligible for benefits. But, tripping and falling at home during off hours would not.Filing for workers’ comp can be difficult without the legal right help. Injured workers should be aware of what they need to do if their workers’ compensation benefits are denied and how legal assistance can be useful. ]]>