NJ Workers Compensation
Top Tips for Documenting Your NJ Injury in the Workplace
Following an NJ injury in the workplace, the injured employee is required to follow certain processes and procedures. For example, NJ law mandates that every workplace injury is reported to the management or the human resources department at your employer within 14 days of the accident or discovery of the injury. Informing your employer doesn’t need to be writing and a verbal report suffices under the law, but it is in your best interest to document this exchange.
In addition to reporting your injury, what other information and events should be documented during your NJ workers’ compensation case?
The Events Leading to an NJ Injury in the Workplace
Eventually, your employer, the insurance company, an NJ workers’ compensation lawyer, and possibly the NJ Division of Workers’ Compensation will want to hear how the workplace accident occurred. You’ll want your recollection of the events to be clear and fresh in your mind when you relay them to these different parties, but these conversations and a hearing will not occur immediately.
Rather, you should document the exact events leading to an NJ injury in the workplace soon after it occurs. This documentation not only serves as your reminder when speaking with an employer or insurance company but can also be incredibly helpful to an NJ workers’ compensation lawyer that may take your case.
Documenting Medical Attention and Appointments
Most workplace injuries in NJ require some form of medical attention to treatment. A medical practitioner should even assess the cuts, bruises, and …
Read MoreWhat Role Does Employee Fatigue Play in New Jersey Workplace Injuries?
New Jersey workplace injuries occur for a variety of reasons. Sometimes an employee isn’t properly trained on equipment and in other instances the machinery or equipment malfunctions. There are accidents and the accidental spreading of illness. Chemicals, electrical issues, and improperly placed or stored inventory can all lead to New Jersey workplace injuries. However, even among the plethora of reasons for employee injuries, fatigue causes an unusually high number of these accidents.
Why Is America So Tired?
More than ever people in the United States are working two or more jobs to make ends meet and pay their bills. Over the past 15 years, there’s been a steady rise in the number of Americans reporting a second part-time job or even an additional full-time position. As of late 2017, an estimated 7.6 million Americans were working two or more jobs, which was an increase of .2% over the previous reporting year.
This increase in U.S. employees with multiple jobs is having a cooling impact on the U.S. economy, but there’s more. Many of these workers are finding their extra hours in positions with a high risk of workplace injuries, and it is suspected that working two jobs is only making these numbers climb higher.
Of the individuals working multiple jobs in New Jersey, a substantial percentage are exhausted and burnout – leading to a higher overall number of New Jersey workplace injuries due to fatigue.
How Frequent Are New Jersey Workplace Injuries from Fatigue?
All reports tell us that …
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 MoreFive Steps to Receiving New Jersey Workers Compensation Benefits
The New Jersey Department of Labor and Workforce Development handles every New Jersey workers compensation claim. Regardless of the severity of your injury, the industry of your employer, or complexity of your claim, your case will eventually pass before the same department.
However, there are certain steps you must take to make a valid claim, and the process isn’t always as straightforward or simple as you may imagine. Our team at the Law Offices of Albert J. Talone takes you through the five steps to filing a New Jersey workers compensation claim, but simultaneously encourage any injured employee to contact our office for assistance with one or all of these steps.
#1: Report Your Injury to a Supervisor
The first action you must take after a workplace injury in New Jersey is to inform your employer. Under New Jersey workers compensation law, an employee is required to provide notice of a workplace injury before filing a claim with the Department of Labor and Workforce Development.
You are expected to provide notice to your employer within 14 days of an injury, but the sooner you report the injury the better. If you fail to report a workplace injury within 90 days of such injury or onset of illness, then you may lose your right to New Jersey workers compensation benefits.
#2: Obtain a Medical Report and Evaluation
In most New Jersey workers compensation claims, the most important aspect is recovering costs for medical treatment. If you required emergency care, a …
Read MoreWhy the High Number of Workplace Injuries in Hospitality?
It may surprise you to learn that hospitality is one of the most injury-prone professions in the United States (a list of other industries with an unexpected number of workplace injuries can be found here). The U.S. Bureau of Labor Statistics reports that for every 100 full-time workers in hospitality 3.4 are injured or fall ill each year because of a workplace accident. Of those injured or ill, over half require time off work to recover.
The total number of workplaces injuries in hospitality is higher than in manufacturing, warehouses, and other industrial work.
Given there are several million people working in the hospitality industry, at hotels, restaurants, bars, and in tourism, the days off from a workplace injury amount to a lot of missed hours and uncovered shifts. What are the risks and hazards in the hospitality industry? Why does this industry experience a high number of workplace injuries each year?
Manual Handling or Pushing, Pulling, and Lifting
Throughout the hospitality industry employees are required to lift, push, and pull heavy inventory and objects. The result is that nearly 50% of all workplace injuries in the hotel industry, and similar numbers in bar and restaurant work come from manual handling.
When busing tables, you need to lift heavy bins of plates, cups, and silverware. Likewise, wait staff carries heavy trays from the kitchen to table many times a day. If you are working in housekeeping, you constantly life mattresses, push heavy cleaning carts and move furniture. Think bartenders have …
Read More5 Careers with a Surprising Number of Workplace Injuries
It comes as no surprise that certain professions have a high number of workplace injuries. For example, construction sites, nursing, and warehouse work all require a great deal of manual labor and manipulation of heavy objects. It follows that back, neck, and shoulder injuries happen on a regular basis in these jobs.
Other jobs involve the use of heavy equipment. Likewise, these careers are prone to a high number of injuries on the job. For example, working on an assembly line or in factory production is more likely to result in an injury than accounting in an office.
Lastly, there is an entire subset of professions and workplaces that people are always surprised to hear have a high number of employee injuries. We will cover five careers with a surprising number of workplace injuries, and discuss why these jobs are prone to accident.
#1: Hairdressers and Beauticians
Working as a beautician or hairdresser is surprisingly dangerous. Last year working as a beautician was named one of the most accident-prone jobs in the entire United Kingdom, and here in New Jersey, a shocking number of hairdressers are hurt each year. What is more surprising than the number of hairdressers hurt every year? Injuries to hairdressers and beauticians happen for a wide variety of reasons.
Of course, the most common workplace injury for a hairdresser is a cut or snip from scissors or a razor. These tools are used daily in the profession, and while handled with skill, sudden movements by …
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 MoreQuestion of Retaliation for Workers Compensation Decided in Favor of New Jersey Firefighter
Between 2010 and 2011, New Jersey firefighter Carl E. Larson filed two separate workers compensation claims for two separate work-related injuries. It took until February 2013, but the Paterson City Council in Passaic County eventually approved both of these claims. The total in workers compensation came to over $105,000.
In many instances, the approval of the applicable municipal legislature would bring closure to a workers compensation case, but soon after the approval of compensation and benefits, Larson needed to take two days off work, unrelated to injuries or workers compensation. This short leave initiated a chain of events that eventually led to Larson’s retirement from the city’s fire department.
As stated in his subsequent lawsuit, this was a retirement that Larson didn’t seek or desire – and in fact, was allegedly forced upon him by the department as retaliation for workers compensation claims in New Jersey.
Circumstances for Retaliation for Workers Compensation
In his original complaint against the City of Paterson alleged that the city’s fire department forced him to retire as retaliation for the two workers compensation claims filed years earlier. The facts that surrounded the claim made by former fire captain, Larson, include evidence that after two days of non-injury related leave, he was told to remain off-duty until he completed for a fitness of duty examination. Then, upon his insistence that he was prepared for such examination, the department would neither facilitate such test nor allow him to return to work.
A few weeks into this …
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