Employers don’t love watching their workman’s comp premiums go up. They don’t love holding a job for an injured worker. And insurance companies don’t love paying claims.
So there are dozens of little legal loopholes these entities can slip through.
You can avoid handing them the ability to slip through some of them by avoiding actions which give them an excuse. Here are some of the most common reasons workman’s comp benefits get suspended or denied. Avoid these actions to keep the flow of benefits coming.
1. Failing to report the injury to your employer.
While it seems counter intuitive, it’s important to report the injury to your employer. And you should do your best not to leave the scene of the accident until you’ve done it.
This establishes a few important facts.
- That you were on the job, and not, say, on break, when the injury occurred.
- That the employer is aware of the claim. The employer has no obligation otherwise.
- That you’re taking the process seriously.
- Tells you which doctor to go to, since in New Jersey the carrier or employer can tell you who to see.
Immediate reporting also avoids suspicion that you’re exaggerating the injury.
Obviously if you’re unconscious or being rushed to the hospital calling a supervisor and filling out a form won’t be at the top of your to do list. Just make sure to inform your employer as soon as you can, and add the written justification for the delay.
Don’t just …Read More
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 …Read More
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 …Read More
Employees in New Jersey suffer workplace injuries due to falls, trips, car accidents, and failure to wear protective eyewear. In fact, when you start to categorize the reasons and causes of workplace injury in New Jersey, there seem to be endless risks and hazards. However, some of the state’s most serious workplace injuries involve the use of machinery or equipment.
When one of these grave accidents occurs, both employees and employers will ask a number of questions. We have the answers. In this post, we cover some of the questions most frequently asked of a New Jersey workers’ compensation lawyer after a machinery accident. However, it is impossible to cover all the information you want or need here. If you have a complicated question or one particular to your workers’ compensation case, contact our New Jersey office now.
Question #1: How Common Are Accidents Involving Machinery or Equipment?
There are a substantial number of heavy machinery accidents in the United States each year. These accidents occur on construction sites, in hotels, restaurants, and bars, in factories or industrial facilities, and in laboratories. Most statistics place workplace injury by machinery or equipment in the top 10 list of the most common causes of injury.
As well, machinery and equipment injuries could be more common than most people realize. When statistics are reported, the types of workplace injury are often broken down more narrowly than simply “caused by equipment.” Rather, there are multiple ways a worker can be injured by equipment and …Read More
Slip and fall accidents are among the most common workplace accidents in NJ and across the U.S. Each year thousands of employees miss thousands of days at work because they have a broken arm, sprained neck, or another injury from falling at work.
Another important statistic about slip and fall accidents is that they occur in a variety of NJ workplaces and work environments. Offices, industrial warehouses, construction sites, and hospitals are all common locations for an employee to slip and fall. Other accidents occur in restaurants, hair salons, and schools.
Yet, slip and fall accidents are preventable. Very few employees are falling without reason and most slip and fall accidents occur because of a hazard in the workplace. Putting in place alternatives and safety features can reduce the hazards leading to slip and fall accidents. In particular, employers can work to address these five common hazards at work.
#1: Cables and Cords Across the Floors
Employees often don’t notice where their computer or printer is plugged in, until the cord to that power source becomes a hazard in the hallway or other areas of the workplace. In fact, cables and cords that go unnoticed or unsecured on the floor are one of the most common reasons for slip and fall accidents in the office.
However, it isn’t just law firms and business professionals that need to worry about this hazard. Extension cords, power cords, ropes, and other cables are common in warehouses, industrial facilities, and other workplaces …Read More
As a New Jersey workers’ compensation lawyer, the serious and severe workplace injuries receive the majority of time and attention in this blog. We discuss how to handle the medical costs associated with a workplace injury and what happens when your employer refuses to cover an expensive claim. However, minor injuries shouldn’t fly under the radar.
It’s important for workers in New Jersey to understand how to handle minor injuries. These injuries are subject to the same rule and regulations as a very serious injury and also entitled to the same recovery from New Jersey workers’ compensation insurance. Here are a few tips for handling a minor injury in the workplace.
Report All Workplace Injuries to Your Employer
Did you know that nearly half of all workplace injuries go unreported in the United States? The Occupational Safety and Health Administration (OSHA) estimates that nearly half of all serious injuries are unreported and very few workers inform their employers of minor injuries. Even in industries where the number of workplace injuries is high, a substantial number of minor injuries go unreported.
Not telling your employer about a minor injury is problematic. First, you must inform an employer of an injury to initiate the insurance and healthcare process. Whether you visit the emergency room or later require additional care for an injury, you can’t recover the medical costs without telling your employer about the injury.
Second, you are required to inform your employer of an injury within a specified amount of …Read More
When you hear the words “workers’ compensation” and “workplace injury” a car accident might not be the first thing that comes to mind. Often, we associate NJ workers compensation with back injuries from lifting heavy inventory, a fracture from slipping on a warehouse floor or misusing equipment on a construction site.
However, a number of professions involve travel by car or another motor vehicle – truck drivers and delivery people being two immediate examples. It’s possible that car accident injuries sustained during these work activities are covered by NJ workers’ compensation and entitled to compensation for medical expenses, lost wages, and other losses.
What Workplace Injuries Are Covered by Workers’ Compensation?
Each state determines the laws and regulations that govern workers’ compensation in that particular state. In New Jersey, the Workers’ Compensation Law found in Title 34, Chapter 15, Articles 1 to 10 of the New Jersey Revised Statutes provides the eligibility requirements, employer obligations, and exceptions to NJ workers’ compensation.
Included in the statute is the standard for when an accident results in a workplace injury and the employee eligible for workers’ compensation benefits. In New Jersey, the eligibility standard is those accidents, “arising out of and in the course of his employment.” If car accident injuries are going to qualify an employee for workers’ compensation, they must be sustained because of or during the course of employment.
When Is a Car Accident in the Course of Employment?
Car accident injuries are eligible for workers’ compensation when the collision …Read More
Offices are generally safe and secure places to work in New Jersey. Unlike construction sites and industrial warehouses, you don’t usually encounter heavy machinery or the need for strenuous manual labor, and unlike nursing or other medical professions there is limited lifting, pushing and pulling. Yet, the U.S. Bureau for Labor Statistics estimated that in the finance and insurance industries, professions that typically operate out of traditional office space, one in every 100 employees were injured at work last year.
These workplace injuries spanned a surprising range of type and severity. Yet, just as nursing is particularly prone to neck and back injuries, and falls are common to working in construction – certain workplace injuries are more common than others in offices. Office managers, human resources, and upper management can save considerable costs and improve the working environment by proactively addressing the most frequent office injuries.
#1: Slips, Trips & Falls
Across industries, slips, trips and falls account for more workplace injuries than any other cause. These unfortunate accidents require employees to take significant time off work and are a major source of workers’ compensation claims in New Jersey. This includes claims that come from office workers, who are actually 2.5 more likely to slip or trip at work than workers in any other environment or industry.
Unsuspecting office employees are victims of hidden and overlooked trip and fall hazards every day. For instance, a huge number of office employees trip on cords, cables and wiring that are stretched across …Read More
Most Frequent Construction Injuries on New Jersey Job Sites
Workplace injuries can occur in any environment or location. There are nearly four million nonfatal work injuries in the United States every year, and they happened across all industries, locations, and level of severity. Even employees who work in office buildings and spend most of the workday at a desk are susceptible to repetitive motion injuries, trips, falls, and electric shock.
One industry with an inordinate number of injuries is construction. Construction workers in New Jersey are exposed to some obvious, and serious, risks. Job sites require the use of heavy equipment and machinery. Employees must manage working from heights and using ladders. Heavy, bulky objects and materials must be transported, often through human labor.
These risks, and others place construction sites squarely at the top of many reports that look at dangerous work environments.
What Is Being Done to Prevent Construction Injuries?
In New Jersey, state and federal regulations and recommendations try to address the safety concerns on construction sites. The Occupational Safety and Health Administration (OSHA) releases standards for construction sites across the country. There are best practices, requirements to wear personal protection equipment, and strict company polices.
Accidents still happen in the state. These can occur because of a failure to follow proper procedure, mishandling of materials, inappropriate operation of equipment, lack of training, and employee fatigue – just as examples. The most common injuries are serious, and construction still has more employee deaths than any other …Read More