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Posts by Albert Talone

Can My Employer Fire Me for Trying to Claim Workman’s Comp?

Technically, New Jersey law strictly forbids your employer from firing you for filing a workman’s comp claim. It also forbids your employer from discriminating against you in other ways, as well.

Employers are certainly advised to be very careful about firing an employee who is out on a workman’s comp claim.

See also: How to Handle Minor Injuries in the New Jersey Workplace.

The law can’t keep your situation from becoming complicated.

For example, workman’s comp has to continue to cover you until you reach maximum medical improvement, whether your employer chooses to try to terminate you or not. This includes lost wage benefits.

Once you’ve reached maximum medical improvement the employer has a little wriggle room. For example, if you have work restrictions your employer may tell you they can’t accommodate those restrictions and terminate your employment at that point.

Many employers don’t terminate, but attempt to retaliate in other, more subtle ways. They may demote you, slash your hours, or cut your pay. They may also make groundless accusations or take other unwarranted disciplinary actions.

See also: Delay in Your Workman’s Compensation Claim, What Can You Do?

It’s a good idea to document everything that happens from the moment your claim begins.

It’s also a good idea to keep copies of any evaluations you receive, promotion records, and pay raise. They’ll serve as direct contradictions of any claims that you were a bad employee. And if you think you have grounds for a suit, you need to …

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Does New Jersey Workman’s Comp Cover Medical Marijuana?

If you are one of the 22,000 people in New Jersey who has been authorized to use medical marijuana to manage your pain, then this issue is bound to cause you some worry when you’re in the middle of a workman’s comp claim.

As it happens, this is an issue that’s been getting some resolution recently.

A Recent Case

In the 2018 case McNeary v. Freehold Township the Honorable Judge Lionel Simon ordered Mr. McNeary’s workman’s comp insurance company to cover the cost of his medical marijuana use so long as a doctor was willing to continue to provide evidence of his need for it.

In his ruling, Simon said that it was clear to him that the legislative intent of federal drug laws is to “curtail the use and distribution of illicit narcotics for the purposes of the overall general health.” He said he did not believe the New Jersey Medical Marijuana Act was in conflict with that goal, and was far more concerned about the possibility that Mr. McNeary would have to switch to opioids to manage his pain if he was denied reimbursement for the marijuana.

He pointed out it would be cheaper for the insurance company to pay that claim, too, though in this case the insurance company’s concern seemed to be less about the amount paid and more about whether they’d accrue liability in the face of Federal law which continues to criminalize marijuana use.

See also: Top Tips for Documenting Your NJ Injury in

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Can Temp Workers File Workman’s Comp Claims in New Jersey?

There are over 127,000 temporary workers in the state of New Jersey. And if you’re one of them, you may be surprised to learn you absolutely are entitled to workman’s comp if you get injured on an assignment.

There’s a reason not many people know. For one thing, some publications erroneously report temp workers aren’t entitled to workman’s comp. What they might mean is the third-party employer who owns the job site isn’t responsible for it. And temp employees don’t often get it, in part because employers are all-too-willing to lie about it.

Knowing your rights is the first step to protecting yourself.

You probably need workman’s comp even more than full-time employees do.

Workplace conditions can be more dangerous for temporary workers than for full-time employees. There are three reasons for this.

First, light industrial jobs dominate the industry, which means we’re already talking about warehouse and assembly jobs where injuries are more likely to occur. Of course, even offices can be unsafe workspaces under the right conditions.

Second, many staffing agency clients know it’s very easy to replace anyone who complains, and so try to save money by cutting corners on safety. For example, one third-party employer required temps to enter a freezer without insulated suits.

Finally, third-party employers don’t usually invest in proper training. And some try to make temp workers do work outside the scope of both their assignment and their expertise, such as working a forklift.

See also: What to Do When a Workplace

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Delay in Your Workers Compensation Claim: What You Can Do

If you suffer a workplace accident the consequences are immediate. After a workplace accident, you need medical attention and time off work – in the event of a serious accident, you need emergency care and weeks (or longer) to recover. These ramifications of an injury or illness are costly and there is every reason to worry about the financial consequences of a workplace accident.

In New Jersey, the state government has recognized the swift and cutting impact of a workplace accident and designed the process for a workers compensation claim to follow suit. An employee is entitled to temporary disability benefits when unable to work for seven days. The first workers compensation check should arrive within two weeks of reporting your workplace accident.

What if this isn’t the case for your workers compensation claim? Some employees wait much longer for their workers compensation claim to begin reimbursement of medical costs or payment of lost wages. At the Law Offices of Albert J. Talone, we take a look at what causes these delays and an employee’s options for getting their workers compensation benefits on time.

Delays by the Insurance Company or Employer

The most common cause of delay to a workers compensation claim is the insurance company. Employers in New Jersey are required to carry workers compensation insurance. These insurance policies protect the employer from exceptional costs, in the event of a workplace injury, but also provide assurance to the employee that a workers compensation claim will …

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5 Facts About Fatigue as a Factor in NJ Workplace Injuries

NJ workplace injuries can result from carelessness, poor training, or repetitive activities. The nearly endless causes of employee accidents and injuries are often dependent on the type of work environment and duties of an employee. However, there is one cause of NJ workplace injuries that span offices, factories, construction sites, and hospitals, and that is fatigue.

In a hospital, where doctor and nurses are working ten, twelve, and fifteen-hour shifts, it is easy to recognize how fatigue plays a roll in NJ workplace injuries. But accidents arising from fatigue and sleepiness are also common in workplaces where the shifts are shorter and physical demands lower. Here are five ways fatigue is impacting a variety of workplaces in NJ.

#1: Fatigue Isn’t Always Tied to Sleep

We generally connect fatigue with a lack of sleep or rest, but studies have shown that this isn’t always the case when it comes to NJ workplace injuries. Fatigue can be caused by intense physical labor, long hours in front of a computer, an intense mental task, or even social interactions. Environmental factors, medical conditions, and physically demanding work are all underlying reasons for a tired employee.

As well, there is evidence to suggest that it is actually these aspects of the workplace that cause more accidents than sleepiness. Jobs are demanding more of employees outside traditional office hours and requiring a high-level of mental or physical dedication. As more is required of employees outside the office or salaries drive NJ employees to take …

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Fatal Workplace Accidents and Injuries Decrease

It can take anywhere from a couple months to half a year for workplace accidents and injuries statistics to work their way into the public sphere. In this case, workers’ compensation practitioners and businesses are just seeing the final numbers for 2017 and estimates for 2018 here in December. What do these new numbers tell us about workplace accidents in recent years?

Data from the United States Bureau of Labor Statistics shows that the number of fatal workplace accidents dropped from 2016 to 2017 and the approximate numbers for 2018 show another slight decrease this past year. Specifically, in 2017, the fatal injury rate was 3.5 fatalities per 100,000 full-time equivalent (FTE) workers in the United States. This number is down from 3.6 fatalities reported in 2016.

The data on fatal workplace accidents also tells us a lot more about injuries, illnesses, and infamously dangerous industries in the United States in the most recent years.

What Does the Drop in Workplace Fatalities Indicate?

The total number of workplace fatalities in 2017 is 5,147. This number represents all fatalities from all causes and across every industry in the United States for last year. The total fatalities account for slip and fall, electrocution, work-related car accidents, and even heart attacks occurring in the workplace. There were only 43 fewer fatal accidents in 2017 than in 2016.

While it is encouraging to see a slight drop in the number of workplace fatalities, this information doesn’t indicate much to a worker’s compensation or …

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Think Offices Are Safe Workspaces? Common Injuries in NJ Offices

If you look for a list of workspaces and professions with the most workplace injuries, you are unlikely to see jobs like account manager or sales representative make the list. These jobs are frequently done at an office and behind a desk. A seemingly safe workspace compared to construction sites and factory floors. Yet, there are several common injuries that still afflict traditional offices in NJ.

Similar to other workplaces in NJ, a substantial number of common injuries in the office can be easily avoided through training and proper procedure. A separate handful of office injuries are more difficult to tackle because these common injuries are inherent to the work and design of an office. What are the most common injuries in NJ offices and how can you avoid them? Read this post to find out.

#1: Ergonomic Injuries From Sitting and Typing

While the work in your office might not be monotonous, it is very likely your posture and position for completing this work is. Ergonomic injuries, also called repetitive stress injuries, repetitive motion injuries, or cumulative trauma injuries, are incredibly common in NJ offices. In fact, these musculoskeletal issues are the most common injuries in offices. Just as concerning, most people ignore the signs and symptoms of these injuries for a long time.

The risk factors for ergonomic injuries include awkward posture or sitting positions, continuous strain or stress on the neck, back, and shoulders from looking up or down at a screen, and extended periods of …

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Why Are So Many Employees Injured in Passenger Air Travel?

There are some jobs in New Jersey and the United States as a whole that appear inherently more dangerous than others. For example, the use of heavy machinery and heavy lifting in construction makes it an obvious workplace for employees injured by equipment, electric shocks, improper use of tools, and manual lifting or pushing.

Similarly, the dangers of working in a restaurant or other hospitality setting are readily apparent. There are slick floors, spilled beverages, and a lot of time standing. The longer a waitress or waiter is on a shift, the greater increase there is in employees injured by slips and falls. Finally, we can look to firefighters and police officers as brave individuals taking on a job with evident dangers. These first responders are thrown into chaotic and dangerous situations as part of their job description.

These Surprising Jobs Have a High Number of Injured Employees

On the other hand, there are some professions in New Jersey where the number of employees injured at work seems inconsistent with the job description. You may not think of nursing and in-home care as particularly dangerous careers, but in fact, healthcare professionals have one of the highest rates of injury in the United States according to the Occupational Safety and Health Administration (OSHA).

Another career that is high on the list of employees injured each year is taxi drivers and chauffeurs. These professional drivers don’t have some of the typical risks found in an office space of manufacturing facility …

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Slip and Fall in the Workplace, Now What?

Slip and fall accidents are some of the most common workers’ compensation claims in New Jersey. The frequency of slip and fall accidents is due to the wide variety of hazards that can lead to a slip and fall and the number of work environments where these accidents are likely to occur. From offices to warehouses, construction sites to hospitals, and even in restaurants and retail, there are hazards that can cause an employee to slip, trip, or fall.

Despite the regularity of a slip and fall accidents, few New Jersey workers are certain how to react or what to do after they take a tumble. At the Law Offices of Albert J. Talone, we handle several slip and fall workers’ compensation cases each year and can offer a solid set of first steps to any employee that is facing injury or time away from work after a slip, trip, or fall in the workplace.

Make an Assessment of Your Injuries

If you are seriously injured in a slip and fall accident, then your first reaction and responsibility are seeking medical attention. Whether you need a co-worker or manager to call emergency medical services, such as an ambulance, or request a ride to the nearest hospital, it is important to get treatment. Broken bones, fractures, deep lacerations, neck injuries, lower back pain, and head injuries are all reasons to seek immediate medical assistance.

In cases where your injuries from a slip and fall do not require urgent medical …

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Sweater Weather: What Are Common Cold Weather Workplace Injuries?

The seasons are shifting in New Jersey, and for now, the state is buzzing with autumn activities and pumpkin spice. But anyone familiar with the New Jersey fall knows that there are colder temperatures not far behind and so are the hazards of certain workplace injuries. What is now sweater weather and scary movies will soon turn to frosty mornings and cold temperatures.

In most parts of your life, it is wholly acceptable to ignore the approaching winter and cold weather, but not when it comes to preparation and planning for workplace injuries. There are entirely new hazards and concerns for the winter months, and the time to address these workplace risks is right now.

Whether you are an employee or employer this is the best time to start preparing for cold weather workplace injuries in New Jersey. Here are five of the common cold weather injuries and accidents you can take steps to avoid.

#1: Slips, Trips and Falls Increase Drastically

One common sign that winter is coming to the workplace is a gigantic leap in the number of slip and fall accidents that are reported to workers’ compensation insurance during the winter months. The cause of many slip and fall workplace injuries is probably obvious – frost, ice, and inclement weather – but these hazards are still overlooked by too many employers.

First, many employers put off their winter weather procedures, such as buying salt and bringing shovels out of storage, until the initial winter weather hits their …

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The Law Office of Albert J. Talone is a NJ Workers Compensation Law Firm committed to meeting the needs of every client. For more information - contact us today.

The Law Office Of Albert J. Talone
The Law Office Of Albert J. Talone is committed to providing for those with Workers Compensation cases throughout New Jersey.
302 N Washington Ave #101
Moorestown
New Jersey
08057
United States

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