NJ Workers Compensation Advice
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 …
Read MoreWhy 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 …
Read MoreSlip 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 …
Read MoreReceiving Medical Bills, But Entitled to NJ Workers Compensation? What Should You Pay?
Filing and receiving NJ workers compensation benefits is a process. You have to inform your employer of the injury, seek medical attention, and then you file a claim. This claim process could be incredibly straightforward and smooth, with the support of your employer. On the other hand, receiving the NJ workers compensation you deserve might be a frustrating legal battle.
Under the second scenario, it is very common for the medical attention you received to become medical bills that are due and payable. Your doctor, the hospital, or emergency services likely provide somewhere between 30 and 90 days for you to pay your bills. This timeframe isn’t always sufficient to cover the expenses with workers compensation benefits if there is a dispute or disagreement over the claim.
What should you do about seeking medical treatment and paying medical bills as you await approval of NJ workers compensation benefits?
Should You Seek Medical Assistance Immediately?
Many employees wonder if they should seek medical assistance immediately after an NJ workplace injury, or wait until they have confirmation of their NJ workers compensation claim. In all instances, you should obtain the medical treatment you need. This includes accepting emergency services, such as an ambulance or on-site treatment, and seeking out physical therapy or rehabilitation treatment, when recommended by a doctor.
Your choice of medical treatment could be important for approval of your NJ workers compensation claim, but this should never impede on your need for immediate care. If you are seriously injured in …
Read MoreWhat Workplace Injuries Are Common Among Manufacturing Employees?
Over the past few months, our team at the Law Offices of Albert J. Talone has explored the most common workplace injuries in the most injury prone professions. We’ve covered the top injuries on construction sites, in restaurants, and even in healthcare professions. Now, we turn to workplace injuries that are frequent in manufacturing and product development.
As a whole, the United States, including New Jersey, is moving away from labor-intensive manufacturing environments. It is not only more cost-efficient to use machines for much of the work, but also safer. Truly, these trends in manufacturing plants and facilities have significantly decreased the overall number of workplace injuries in manufacturing, and more specifically cut the number of serious injuries and fatalities.
Yet, employees in manufacturing facilities, product development site, and test facilities are injured on a regular basis in New Jersey. We explore what type of manufacturing presents the greatest likelihood of injury and what workplace injuries a manufacturing employee should be cognizant to avoid.
Different Manufacturing, Different Number of Injuries
Not all manufacturing facilities present the same type or degree of risk for a workplace injury. The U.S. Department of Labor tracks each and every injury that is filed as a workers’ compensation claim in New Jersey and throughout the U.S. As part of this process, a division of the Department of Labor, the Occupational Health and Safety Administration (OSHA), collects and catalogs information about the severity of the injury, how it occurred, and what work …
Read MoreTop Tips for a Remote Employee After a New Jersey Work Injury
The New Jersey law on workers’ compensation is purposefully broad. The state legislature wanted to be certain that employers and insurance companies covered the workplace injuries of each and every employee without loopholes or technicalities disqualifying an eligible worker. However, these laws were also designed for traditional places of work, and today’s employment landscape is far from traditional.
The digital age is changing how we connect, interact, and work. More people are requesting and accepting remote employment. This includes people that work from home, set up shop in a co-working or shared space, telecommute, and even live as digital nomads. In fact, the number of Americans working in a remote or telecommuting position now tops 40%.
We addressed how and when the workers’ compensation laws applied to a New Jersey work injury that occurred in these work setups in an earlier blog post. Now, we want to address the top tips a remote employee should take to ensure he or she receives workers’ compensation.
Tip #1: Make the Cause of Your New Jersey Work Injury Clear
Remote employees enjoy a lot of freedom. For some people, this is the freedom to work anywhere, while others appreciate the freedom of flexible work hours. This flexibility and decreased structure can present some problems if a remote employee suffers a New Jersey work injury while on a break or engaged in a non-work activity.
Just because you are hurt between the hours of 9:00 am and 5:00 pm doesn’t make you …
Read MoreThe Biggest Mistakes Employees Make After a New Jersey Work Injury
The workers’ compensation cases and settlements that result from a New Jersey work injury typically take place in administrative proceedings before the Department of Labor and Workforce Development, not courtrooms. Despite the different venue, NJ workers’ compensation cases must follow certain processes to be successful. Often, these processes cause problems for New Jersey employees that are unaware of the rules.
In this post, we’ll cover some of the biggest mistakes employees make after a New Jersey work injury, and provide information on what you can do differently.
#1: Failing to Report the Injury in a Timely Manner
Many workers wait weeks or months to tell an employer about a New Jersey work injury. This delay can cause complications for a resulting workers’ compensation claim.
To follow best practices and advice from a workers’ compensation lawyer, a New Jersey employee should report a workplace accident and resulting injuries immediately after the incident occurs. However, this isn’t always practical or possible. A manager may not be available, the injury could require immediate medical attention, or onset of the injury is delayed. In such circumstances, an employee should report a New Jersey work injury as soon as possible.
#2: Not Reporting the Extent or Severity of Injuries
After an injury, many NJ employees are worried they will lose their job, be demoted at work, or even lose the respect of co-workers and managers. In an effort to protect their employment and pride, employees conceal the extent or severity of their injuries. When …
Read MoreThese 5 Types of Workers Aren’t Covered by NJ Workers Compensation
The Internet and increased mobility are changing the way many businesses are structured. It wouldn’t be surprising if an office of 30 in New Jersey only had five or six employees that actually lived and worked in the area. As these business structures and the physical demands on employees change, the NJ workers compensation laws have tried to keep pace.
Yet, in certain instances, employees now fall outside the bounds of NJ workers compensation. Are you one of these employees?
#1: Remote Employees Working Outside New Jersey
Remote work is changing the landscape of America’s workforce. More people are working from home or coffee shops. Five years ago, these were the rogue workers of corporate America, but no longer. Today, many reputable and established businesses allow employees to work on a remote basis, and several NJ companies even allow employees to work out-of-state.
These remote employees may not be entitled to NJ workers compensation. Under the current law, an NJ employer is required to provide workers’ compensation benefits to an employee that works in the state or signed their employment agreement in the state. If you are an employee from Ohio, that lives, works, signed your employment agreement outside New Jersey, and has no physical contact with New Jersey – you aren’t covered by NJ workers compensation.
#2: Employees Covered by a Federal Program
One of the narrow exceptions to NJ workers compensation applies to those employees covered by a federal program. For the most part, this is limited to …
Read MoreReporting a Workplace Injury: Timing, Tips & What You Need to Know
If you sustain a workplace injury, a first step is reporting the incident and injury to your supervisor, manager, or boss. Despite the necessity of this conversation, it’s intimidating for many New Jersey workers to walk into a human resources department or supervisor’s office and discuss an accident. However, these conversations are beneficial for both the employer and employee and could ultimately save your job down the road.
This list of timing information, tips, and what you need to know about workers’ compensation laws in New Jersey can help make notifying your boss of a workplace injury much easier.
#1: When Should You Notify Your Employer?
The best possible time to notify your employer about a workplace injury is immediately after it occurs. Early reporting prevents a number of problems or complications later on. For example, if you fail to report an injury or possible injury, then your employer could question how and when the injury occurred and if it even occurred at work.
As well, reporting also allows your employer to begin a workers’ compensation claim with the insurance provider. In New Jersey, your employer and the insurance company are allowed to choose the doctor or specialist you see for medical treatment. In order for a provider to be selected, you need to have the proper paperwork in place with the insurance company.
#2: Can My Boss Fire Me for Reporting an Injury?
Many employees fear that reporting an injury, particularly one that will require time off work, will …
Read MoreHurt at the Office Holiday Party, Can You File for Workers’ Compensation?
Throughout the holiday season, and even into the New Year, employers show their appreciation for employees by hosting a company holiday party. These events are intended as celebrations and joyful affairs for the company’s employees. Sometimes gifts are exchanged or dinner is provided. Other employers turn their conference room into a winter wonderland, and some rent an event space. One of the biggest decisions is whether or not to include alcohol as part of the party.
The festive environment not only increases employee morale and commitment but also encourages co-workers to step away from work and form personal relationships. These parties can be essential to retention and company culture. However, each year in New Jersey several employees leave the office holiday party with injuries.
Common Injuries at the Office Holiday Party
The office holiday party provides the perfect environment for certain injuries. These parties almost always involve food and drink, which is spilled and sloshed throughout the night. Unlike a normal workday, other employees are far less likely to clean up these spills. Slick or wet floors lead to slips and falls. It isn’t unusual for a few employees to leave with bumps, bruises, or even broken bones from a slippery floor. These spills are even more dangerous when out on the dance floor, where employees are already prone to lower back injuries and other strains.
As well, holiday celebrations also include extra decorations. Even if the holiday party is hosted at the office, employers will rent or buy …
Read More
