New Jersey Injury Attorney Blog

It is quite common for employees to sustain injuries while driving during the course of their employment. Examples include individuals who actually drive for a living such as delivery truck drivers, bus drivers, taxi or limousine drivers or individuals who need to travel from location to location to visit clients. The employee involved in the accident will be entitled to Worker’s Compensation benefits in New Jersey regardless of fault. Such accident related injuries are compensable under New Jersey’s Worker’s Compensation Law. And, if the accident is the result of a third party’s fault, the injured worker may be entitled to pursue a third party claim in addition to the Worker’s Compensation cliam.

A prime example of this type of case was recently argued in the New Jersey Appellate Division Court case entitled Contreras v. The City of New Brunswick A-3431- 08T1. The Court’s decision was reached on February 18, 2010 and involved a New Brunswick Police Officer who was injured while in the course of his employment while on patrol and operating a vehicle in the City of New Brunswick. Another vehicle ran a stop sign and struck the officer’s vehicle. The officer sustained multiple injuries that include facial fractures and lacerations, a left biceps tendon tear and knee contusions as well. The facial injuries resulted in blurred vision. The officer filed a worker’s compensation claim with his employer and a third party claim against the operator of the vehicle that caused the accident. At issue in this case was the permanent nature of the injury and if the injury caused the officer to “suffer a lessening to a material degree of his working ability.” The Court ruled that the blurred vision and sensitivity to light has caused the officer to work more night shifts when there is less light that will strain his eyes. In addition, The Court ruled that the fractures to facial bones and eventual knee surgery materially decreased his working ability.

As is clear from this decision, there are many, many factors to consider when evaluating if a work injury is compensable. If you have been injured during the course of your employment, you may be entitled to Worker’s Compensation benefits. Contact an experienced New Jersey worker’s compensation attorney at the Princeton office of Lependorf & Silverstein, P.C. today for a free consultation. The Princeton Worker’s Compensation law firm of Lependorf & Silverstein, P.C. can put its Worker’s Compensation experience to work on your behalf. Contact an attorney at the Princeton office of Lependorf & Silverstein, P.C. today and learn the benefits available to you.

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Posted In: Auto Accidents , Workers Compensation

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An investigation was launched on February 8, 2010 for determining the cause of a recent explosion at a Middletown, Connecticut power plant that killed at least five people and injured a dozen or more others. Based on a northjersey.com story, the huge explosion of the under-construction power plant occurred on February 7, 2010 at 11:15 a.m. and was so massive that residents heard and felt the boom as far as 20 miles away. Approximately 50 to 60 people were in the area at the time of the blast, and while hospital officials have not released the conditions of all of those injured in the power plant explosion, the report mentioned that one pipefitter injured in the explosion suffered a broken leg and wounds ranged from minor to very serious.

Construction for the 620-megawatt power plant was almost complete prior to the explosion. It was being built to produce energy mainly using natural gas, which, according to the report, accounts for almost a fifth of the nation’s electricity. The Connecticut Fire Marshalls and Colorado members of the U.S. Chemical Safety Board, which investigates industrial chemical accidents, are currently working together in determining exactly what happened. The explosion took place while workers for the O&G Industries construction company were purging a gas line and clearing it of air.

Continue reading "Cause of CT Power Plant Explosion under Investigation" »

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Posted In: Chemical Exposure , Explosion Accident , On the Job Injury , Personal Injury , Premises Liability , Workers Compensation , Wrongful death

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A chemical plant worker in DuPont, West Virginia has died from exposure to phosgene that took place on January 23, 2010, according to a money.ca.msn.com article. The federal Occupation Health and Safety Administration stated that inspectors are examining a series of leaks that shut down the eastern Kanawha County plant and caused the employee to die. The plant was closed temporarily due to three leaks being reported; however, one leak went undetected for an entire week. The plant is currently reviewing operating procedures and there are no pressing plans to begin production.

Phosgene is a colorless gas that, as demonstrated in this particular incident, can be extremely dangerous because its odor may not be noticed and symptoms of exposure are usually gradual to appear. According to the Centers for Disease Control and Prevention, those who have been exposed to an unsafe amount of phosgene are typically observed by doctors for up to 48 hours since it may take that long for symptoms to develop or re-emerge. Some delayed effects of phosgene exposure may include difficulty breathing, low blood pressure, coughing up white to pink-colored fluid as a sign of pulmonary edema, or heart failure. While most individuals who survive phosgene exposure experience a full recovery, many of those affected develop emphysema and chronic bronchitis.

Continue reading "Worker Dies after Exposure to Poisonous Gas Phosgene from Chemical Plant Leaks" »

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Posted In: Chemical Exposure , Law & Information , On the Job Injury , Personal Injury , Premises Liability , Workers Compensation , Wrongful death

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A New Jersey Appellate Division Court ruled on January 13, 2010, in the case of Cooper, Sr. v. Barnickel Enterprises, A-1813-08T3, that an employee who has some “time to kill” during his workday and decides to drive a company truck to a local delicatessen about five miles from his place of employment for a cup of coffee is entitled to worker’s compensation benefits if he or she is involved in an accident during the trip to or from the delicatessen. In this case, an employee suffered multiple compound comminuted fractures to both legs and his left arm as a result of a motor vehicle accident on his way for the coffee. He was operating a company truck at the time of the accident. The injured worker had arrived for a meeting at a union hall in Winslow Township, New Jersey. The individuals with whom he was to meet were not available. The worker had some time to kill and decided to drive to a delicatessen five miles away.

The New Jersey Worker’s Compensation Court ruled in this case that the injured worker was in the course of his employment at the time of the accident and used both the “personal comfort” and the “special mission” doctrines to reach the ruling. The worker was deemed permanently and totally disabled due to his injuries and worker’s compensation benefits were awarded accordingly.

Continue reading "Worker's Compensation Benefits During Coffee Break" »

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Posted In: Law & Information , Personal Injury , Workers Compensation

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The Occupational Health and Safety Administration (OSHA) provides particular rules and regulations for employers and contractors to follow when teaching employees how to handle and work near flammable and combustible liquids. These safety standards are elaborate and should be enforced, monitored, and maintained to the best of employee and employer ability in order to prevent incidents of explosion or fire and subsequent burn injuries, lung damage, or other serious injury.

An explosion took place recently at a former gas station located on the corner of Vauxhall Road and Millburn Avenue. According to reports, a contractor was cutting tubular metal barriers with a gas-powered saw when sparks set off lingering gasoline vapors in underground tanks. The worker and two others were treated by fire department personnel at the scene of the explosion. The worker was transported to a local hospital with shock symptoms and possible internal injuries which were said to be non-life threatening. The two other hurt individuals suffered minor injuries.

The blast shattered storefront windows at two neighboring businesses, Center Cleaners and Livingston Mart, but no other injuries or structural damage to additional businesses or residents resulted as a consequence.

Continue reading "Gas Station Explosion Injures Construction Worker" »

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Posted In: Burn Injury , Explosion Accident , On the Job Injury , Personal Injury , Workers Compensation

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A 59-year-old New Jersey resident was recently killed in an accident at Prudhoe Bay’s North Gas Injection Pad in Alaska on November 18, 2009. According to the Anchorage Daily News, the North Slope worker was a BP contractor who worked for MISTRAS Group Inc., a Princeton Junction, N.J.-based outfit in charge of evaluating the structural integrity of energy and industrial infrastructure.

A BP spokesman said that when the fatal accident took place, the man was working on a pipeline inspection crew, marking locations to be examined in a future routine inspection down an elevated line on the gas injection pad. Even though at least one other worker was on the gas injection pad, the BP contractor was by himself at the time of the incident. It appears that the 59-year old worker’s pickup truck rolled up against him and the pipeline, pinning him despite there being no reason as to why or how the truck ended up in such a position. After the other worker along the injection pad found him, he called for help and a medical response team responded to the scene shortly thereafter, declaring the worker dead. The extent of his injuries was not discussed.

Continue reading "New Jersey Resident Killed On the Job in Alaska" »

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Posted In: On the Job Injury , Personal Injury , Workers Compensation , Wrongful death

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An electrical power plant in Marion, Texas owned by P.S.E.G., a New Jersey-based company, was the site of a high pressure accident which injured two workers on November 19, 2009. According to a woai.com article, this isn’t the first time a P.S.E.G. plant has been the site of an accident reflecting possible safety violations. Apparently in 2005, an employee died after falling from a bucket truck, and recently this summer, P.S.E.G. received a fine of over $7,000 for violating polices related to first aid, medical services, and failing to make available adequate eye and face protection for workers.

As far as the recent incident in Marion, a spokesperson for P.S.E.G. said that while crews were doing maintenance on a generator as a pressure test was being conducted, a small door (manway) blew off after compressed air inside was released. After the door was forcefully projected, it struck the two contract workers employed by Sulzer Ltd. The article mentioned that one of the workers was hit in his chest and the other man endured facial lacerations. Both men were reported to be conscious, able to move their limbs, and were taken to local hospitals. There is no doubt that an investigation will be conducted in order to determine the exact cause of this high pressure accident and who should be held accountable.

Continue reading "Two Workers Injured in Power Plant High Pressure Accident" »

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Posted In: On the Job Injury , Personal Injury , Workers Compensation

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A recent article from philly.com reported on a serious lift accident that resulted in the death of a 41-year-old aerial-lift operator, and caused three others to be injured. According to the article, one of the injured victims, a 75-year-old woman, filed suit on October 19, 2009 against Masonry Preservation Group, Inc., (MPG) of Merchantville, N.J., and First Presbyterian Church in Pennsylvania for the October 12, 2009 incident.

All injured victims were taken to local hospitals to receive treatment; however, the aerial-lift operator was pronounced dead at Hahnemann University Hospital. A witness to the accident reported that the lift operator using an aerial lift to fix loose masonry on First Presbyterian Church when the large wheel of the lift platform ran over a fiberglass and cement TV-cable box embedded in the sidewalk. Consequently, the heavy weight of the lift busted the cover of the cable box, significantly diminishing the lift’s stability, ultimately causing the lift to slowly fall. The falling lift collided with a streetlight, as well as a section of the roof of a nearby apartment building, and landed on a Verizon truck, all while the lift operator was still fastened to the bucket.

The 75-year-old woman who is pursuing litigation has been said to do so because she suffered a fractured vertebrae in her back, which is an injury that holds an unpredictable grasp on her future. The impact of the 125-foot boom that broke her left arm, crushed her elbow, and fractured her vertebrae, may cause permanent injury in the days to come. Her attorney stated, “from both a physical and emotional standpoint, her injures are substantial.”

Continue reading "Lift Accident Kills Operator, Injures Three" »

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Posted In: On the Job Injury , Personal Injury , Workers Compensation , Wrongful death

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A much debated issue surrounding workers’ compensation and weight loss surgery has raised many questions regarding what an employer should and should not be expected to pay when an employee is injured on the job. A ruling in Indiana last month by the state’s workers’ compensation board decided in a 4-3 decision that a cook’s employer will in fact have to pay for his lap-band weight loss surgery in addition to a back surgery. The injured worker’s employer argued that they should not have to pay for his weight loss surgery because he was already overweight before injuring his back at work. The lap-band surgery may cost the company $20,000 to $25,000.

The reason behind the board’s decision is that the 380-pound worker’s back operation will not actually serve its purpose of relieving serious pain unless he first has surgery to lower his weight. This is not a case of an employee trying to trick his employer into paying for weight loss surgery rather than paying for it himself. If the employee hadn’t been accidentally hit in the back by a freezer door while at work, he would not have suffered severe back pain requiring surgery in the first place.

According to the report, the president of the National Workrights Institute in Princeton, N.J. stated, "This kind of situation will happen again ... and employers are undoubtedly worried about that." It should be interesting to see whether or not employers demonstrate a noticeable hesitance in hiring workers with health problems that could potentially jeopardize their company’s finances if a work-related injury ensues.

Continue reading "Workers' Comp Extends to Weight Loss Surgery" »

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Posted In: On the Job Injury , Personal Injury , Workers Compensation

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A 26-year-old Edison man was killed on August 11, 2009 during a bridge construction accident in New Jersey. The man was hit on the head at the Conrail freight crossing on Blair Road in Avenel by a 1,500 pound steel plate that fell about five or six feet after slipping from its chains while being lowered by a back hoe. The man was found unconscious and bleeding at the bottom of a trench at the construction site and, though first responders performed CPR, was later pronounced dead at the hospital. An Occupational Safety and Health Administration official reported to the scene and it is unknown at this time as to why the steel plate’s chains came loose.

Construction workers have one of the most dangerous jobs in our country. According to the Bureau of Labor Statistics’ 2007 Census of Fatal Occupational Injuries, even though construction industry deaths are on the decline, the construction industry continues to be responsible for the most deaths sustained by employees in the private sector. Based on the report, the 5 percent drop in construction fatalities occurring from 2006 to 2007 (1,239 to 1,178) was about the same as the decrease for all fatal work injuries.

Continue reading "Woodbridge Township Construction Accident Kills Worker" »

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Posted In: Construction Accident , On the Job Injury , Personal Injury , Workers Compensation , Wrongful death

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A mycentraljersey.com article reported that a 35-year-old construction worker fell 30 feet from a Montgomery Township home as he was working on its roof. Investigators at scene said that the worker fell after trying to adjust scaffolding attached to the exterior of a second-story window. He was found lying on the ground on top of construction debris, and was conscious when emergency personnel arrived. The construction worker is said to be in stable condition, but fractured both his neck and femur during the fall. Further investigation into the construction accident in New Jersey is still being conducted by the Montgomery Township Detective Bureau and OSHA.

Construction site fall injuries can lead to paralysis, brain injury, spinal injury, and even death, especially when scaffolds, towers, tall buildings, roofs, or ladders are involved. Being injured in a construction accident not only inflicts catastrophic injuries that can take years to recover from, on top of the extreme amount of pain and suffering one feels during the accident, but creates financial burdens as well, particularly those costs brought on by the accident, such as medical bills and physical therapy fees that can pose difficult for victims and families to successfully manage.

Continue reading "Montgomery Township Construction Accident Injures Roof Worker" »

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Posted In: Construction Accident , On the Job Injury , Personal Injury , Workers Compensation

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It was reported in a phillyburbs.com article on Tuesday August 11, 2009 that an employee at Central Power & Light suffered serious burn injuries in New Jersey at a utility substation. A captain with the Plumsted Township Fire District and New Egypt Emergency Squad said the worker suffered burns on close to 50 percent of his body. Apparently, the employee was repairing electrical fixtures when the burns ensued, which more than likely resulted in electrical burns. However, it has not been made public as to how the worker’s injuries came about.

After being treated at the scene by firefighters and paramedics, the injured worker was transported in critical condition by helicopter to the burn center at Temple University Hospital in Philadelphia. No one else at the substation was injured or suffered any burns. The incident caused approximately 19,000 customers in North Hanover, Springfield, New Hanover, Plumsted, and Pemberton Township, to be without power for over an hour. An investigation by North Hanover police and Jersey Central is ongoing, according to officials.

Employers are required by law to create and maintain safe working environments, and are responsible for properly training employees on how to operate machinery, handle chemicals and toxins, and perform any other work-related tasks. Injuries on the job may result in minimal rehabilitation, or can require lifelong treatment, depending on the degree of the accident. If an employee sustains an injury while on the job, he or she may be able to file a workers’ compensation claim to receive monetary payment to help cover the costs of medical bills, recovery treatment, loss of wages, or other expenses associated with the on the job injury.

Continue reading "North Hanover Employee Suffers Serious Burn Injury" »

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Posted In: Burn Injury , On the Job Injury , Personal Injury , Workers Compensation

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The Associated Press in Camden reported that a July 8 on the job accident in New Jersey in a prominent chocolate-making facility led to the death of a worker knocked into a mixing vat by a blade used to separate products for making a variety of confectionary items.

According to reports, several co-workers attempted to put an immediate stop to the machinery, but were ultimately unsuccessful at saving the 29-year-old victim. The reports further stated that this individual was a temporary worker at the facility.

This story, which was picked up by sources like the New Jersey Herald Online, illustrates the complexities of unfortunate situations like these where safety equipment fails to minimize risk or provide solutions for an accident in a food production setting where “economy of scale” mixing and processing machinery introduces specific risks to an industrial area. The risks presented by this kind of equipment are common in many industrialized settings, including both farms and raw production facilities and processing plants. The pressure to move large amounts of products sometimes leads to a lack of focus on safety equipment and training where tragic results can occur.

Situations like these are sometimes further complicated by the outsourcing regularly done by large food production companies, and by the role of temporary or “unhired” workers in a plant or facility. The emergence of different tiers of worker status in a plant or industrial facility can mean that unraveling the specific responsibilities of the parent company, the subsidiary and the outside hiring firm can be complicated and require professional assistance by attorneys or others skilled in fact-finding.

Continue reading "Worker Killed On the Job After Falling into Vat of Chocolate" »

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Posted In: On the Job Injury , Personal Injury , Workers Compensation , Wrongful death

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The state of New Jersey’s Department of Health and Senior Services Department has unveiled a program, now a year in operation, to monitor what’s going on with worker injury and fatality. The Occupational Health and Surveillance Program is designed to get the word out to the relevant agencies and analysts about various types of workplace injuries in the state.

Here’s how it works according to the New Jersey Health Department’s detailed website. The program collects data on injuries directly from the hospitals by accessing demographics from hospital staff with proper release procedures. Then analysts identify where the main problems seem to be coming from, and work with local employers to create safety solutions that will effectively bring down the number of on the job injuries in New Jersey.

The program also conducts educational initiatives and gives information to the press and to public awareness agencies. In addition, the surveillance program produces news resources to keep the public eye on what is a critical problem, not just in New Jersey, but everywhere—the proliferation of volatile materials and possible illnesses in the workplace.

Some of the conditions that the OHSP has identified as priorities include silicosis, exposure to heavy metals, and “workplace asthma.” Workplace asthma is a condition brought on by exposure to some compounds in a workplace, and professionals are trying to determine exactly what substances are leading to asthma in a large population.

Continue reading "New Jersey Government Looks at Worker Injuries" »

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Posted In: Law & Information , On the Job Injury , Personal Injury , Workers Compensation

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An Asbury Park officer has been hospitalized for several days after sustaining serious injuries as a result of being hit by a car while on duty. The Officer suffered broken bones and has been listed in fair condition at Jersey Shore University Medical Center in Neptune, according to a report.

The Pennsylvania driver involved in the car accident in New Jersey has been charged with offenses including assault by auto and driving under the influence. The 23 year old driver and his three passengers had been in Asbury Park to see a concert.

The injured Officer and another officer were at the scene of an accident at Memorial Drive and Springwood Avenue. A vehicle drove onto the accident scene and the Officer repeatedly tried to stop this vehicle but the car hit the officer. The car sustained extensive windshield and roof damage in the crash.

The hurt Officer and his family would be wise to contact a skilled New Jersey automobile accident attorney. There are multiple facets to his case. Most importantly, the officer has a worker’s compensation claim as well as a third party case.

Continue reading "Asbury Park Cop Hospitalized after Being Struck by Car" »

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Posted In: Auto Accidents , Personal Injury , Workers Compensation

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Three workers suffered on-the-job injuries in New Jersey in Hackensack when the aluminum ladder they were adjusting contacted a power line outside a building. According to an Associated Press news report, a chiropractor who was driving by stopped to help one of the workers whose heart had stopped. The worker resumed breathing after the chiropractor gave him chest compressions for about 90 seconds. All three workers are in stable condition although they suffered burns to their hands and feet.

According to the U.S. Bureau of Labor Statistics, there were 5.7 million injuries and illnesses reported in private industry workplaces during the year 2000. These on-the-job injuries can be minor or major, ranging from accidents involving burns, falls and electrocution. Many of these incidents can also be fatal.

Injured New Jersey workers are usually covered by worker's compensation insurance, which the state's business are required to carry under New Jersey law. New Jersey worker's compensation ensures that employees who are injured on the job are given the necessary care and money they need to maintain their lifestyles without fear of financial failure in case of a serious on-the-job injury.

Continue reading "New Jersey On-the-job Accident Injures Three Workers" »

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Posted In: On the Job Injury , Personal Injury , Workers Compensation

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A New Jersey Appellate Division panel of Judges reversed a lower court’s ruling on June 24, 2009 involving Worker’s Compensation benefits that stemmed from a late night brawl outside a bar in Atlantic City. In this case, an employee was attending a required banquet, sponsored by her employer, in Atlantic City. Following the banquet a group of employees went to the Toga Bar. At the bar, the employee introduced her boss to a potential customer. During the trial, the employee testified that she wanted to leave the bar to go to bed, but that her immediate supervisor advised her that she must stay. A little while later the employee and her boss stepped out of the bar but continued to discuss company business. At this point, outside the bar, the employee’s boss became involved in an altercation with a third person. During the course of this fight the employee was struck and sustained an injury. She applied for worker’s compensation benefits claiming she was injured on the job.

The initial workers compensation court denied her claim. The court reasoned that she was not entitled to benefits because her activities were “merely social.” The court further reasoned that the activities that took place both inside and outside of the Toga Bar were not within the scope of her employment. The Appellate Division, however, reversed the lower court’s decision and awarded workers compensation benefits to the injured employee. The Appellate Division reasoned that while her injuries were the result of a social activity, this social activity was required by her boss and was within the scope of her employment. The Court seemed persuaded by the employee’s testimony that she wanted to leave the bar because it was late and that her supervisor told her “if I have to be here so do you.” Also, there were prospective customers at the bar and when the injury took place, the employee and her boss were discussing company matters.

The facts in this case are different from the typical fact pattern in which a group of employees decide to meet for drinks after work and an injury occurs. The fact that this social activity was required, that business was conducted at the bar, and that when the employee asked her boss if she could leave he told her she had to stay, is what ultimately swayed the Appellate Division panel. If you have been injured during the course of your employment, you may be entitled to workers compensation benefits. Contact an attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein to discuss your legal rights. A Princeton, New Jersey workers compensation attorney at the law firm of Lependorf & Silverstein can advise you of your rights. Contact us today.

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A driver sustained serious injuries after two school buses collided in a New Jersey bus accident, according to an Associated Press news report. Some students also suffered minor injuries in this crash. Authorities say the driver of a Delsea Regional High School bus, which was not carrying any students, ran a stop sign and crashed into a bus carrying students from St. Augustine Prep School in Buena Vista and Our Lady of Mercy Academy in Franklin Township. Merisa Tolentino, a 37-year-old woman who was driving the private bus, suffered head, neck and back injuries and was taken to an area hospital.

Not following traffic rules -- such as stopping at stop signs, waiting at a red light or yielding to pedestrians -- is usually treated as negligence on the part of the driver. If you have been injured as a result of someone else's negligence, then you may be entitled to compensation for your injuries and related expenses that include cost of hospitalization, medical costs, future treatment and loss of wages if you had to miss work because of your injuries and/or hospitalization.

If you were on the job at the time of your injury, then you are entitled to NJ workers compensation benefits from your employer. If the negligent party was also on the job at the time of the crash, then that individual's employer could also be held liable for your injuries and loss. Knowledgeable and experienced New Jersey auto accident lawyers will be able to explain these issues and guide you through a complicated legal process after a personal injury accident.

Please call our skilled Princeton personal injury lawyers at Lependorf & Silverstein for a free consultation and case evaluation. We will fight for your legal rights and make sure you are fairly compensation for your injuries and loss.

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Posted In: Auto Accidents , Bus accident , Personal Injury , Workers Compensation

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A 53-year-old railroad employee, who was repairing damage from an earlier accident in Middletown died after he was hit by a truck. According to this news report in the Bucks County Courier Times, the man was killed at Big Oak and Township Line roads when a tractor-trailer carrying Keebler cookie products struck him while making a sharp right turn. The worker was apparently crouched down to repair the wiring to the train crossing lights when the large truck made a right turn and struck him.

Local officials told the newspaper that this intersection has been the scene of many accidents. The worker was reportedly wearing all the proper safety clothing including his white helmet. There were also orange cones in the area to warn motorists about the work in progress. Authorities say the driver of the tractor trailer saw the worker, but had not realized that he had hit him. He stopped immediately. The worker died from massive chest and leg injuries.

If you are injured while on the job, you will be entitled to New Jersey workers compensation benefits. If a worker suffers fatal injuries, his family will be eligible to receive workers compensation benefits. However, these benefits are hardly enough to compensate a family for the loss of their primary wage earner.

It is important for the families of deceased workers to contact an experienced New Jersey wrongful death lawyer with a successful track record of handling workers compensation issues and third party claims. In some cases, a third party (other than an employer), can be held liable.

A skilled New Jersey personal injury attorney from Lependorf & Silverstein can help you through this complex legal process and help you secure the compensation you rightfully deserve. Call us today for a free consultation.

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Posted In: Auto Accidents , On the Job Injury , Personal Injury , Truck Accidents , Workers Compensation , Wrongful death

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An ironworker at the Sept. 11 memorial construction site in New York was hospitalized with hip and arm injuries after he fell 20 feet while at work, according to this Associated Press news report. Guido Castro was apparently on a break when he slipped on metal decking and fell one level. Castro was wearing a safety harness, but it was not hooked because he was taking a break. Castro suffered shoulder, hip and arm injuries. The Port Authority of New York and New Jersey is investigation this on the job injury.

Every year, thousands of construction workers are killed or seriously injured while working at various construction sites. In New York and New Jersey, where high-rise construction goes on all the time, fatalities and injuries from falls are extremely common. These construction workers face a terrible risk of injury or death every single day they wear their hard hats and go to work. New Jersey construction accidents occur even though state and federal regulations require owners, general contractors and sub-contractors to implement a variety of safety measures.

Construction workers who are injured on the job would be well-served to seek skilled legal representation to make sure their legal rights are protected and to ensure that they have someone on their side protecting their financial interests. Injured workers in New Jersey are covered by state workers compensation benefits, but that is hardly enough to compensate these workers for the types of injuries they suffer. There is potential for more compensation, especially where there is negligence on the part of a third party – and often, that is the case. The skilled New Jersey workers compensation attorneys at Lependorf & Silverstein are experienced in work related accidents and personal injury claims. We can help you receive New Jersey workers compensation benefits as well as reimbursement for pain and suffering, medical expenses, and future loss of wages. Call us today for a free consultation.

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Posted In: On the Job Injury , Personal Injury , Workers Compensation

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An interesting legal question was recently decided by the New Jersey Supreme Court involving an auto accident that took place in New York on September 11, 2001. While we all remember exactly where we were and what we were doing on the morning of September 11, 2001, another accident also took place on this day in New York. On this fateful day, A New Jersey contractor was performing work on a job site on Long Island. Because of the terrorist incident, most bridges and tunnels were closed. This prevented employees who were working at this jobsite from returning to their homes in New Jersey. Therefore, a supervisor instructed a group of his employees to leave the construction site, go for an early dinner, and then return to the construction site to continue working.

A van filled with employees left for the early dinner and while on the way back to the jobsite from a diner, the van was involved in a head on collision, seriously injuring one of the van’s occupants. The Supreme Court of New Jersey had to determine if the injured employee was injured in the course of his employment and thus entitled to worker’s compensation benefits.

Critical to this case is the fact that the employees were directed by the on-site supervisor of the project to leave the work area for dinner. Also critical is the fact that the supervisor directed the employees to return to work following dinner at which time they would be paid overtime. Although accidents such as these, where the employee is not engaged in the direct performance of his or her job duties, typically are not compensable, the Supreme Court awarded worker’s compensation benefits to this employee because this employee was following his direct supervisor’s orders and the job day was not complete.

If you have been injured at work, or if you have been injured during the work day but not at work, you still may be eligible for worker’s compensation benefits. These cases are very fact specific and every fact pattern is different. Contact an attorney at the Princeton, New Jersey worker’s compensation law firm of Lependorf & Silverstein to discuss the specific details of your case. The Princeton, New Jersey worker’s compensation law firm of Lependorf & Silverstein can answer your questions and advise you of your legal rights. Call for a free consultation regarding your rights today!

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The New Jersey Worker’s Compensation Act has a provision that prohibits an employee from suing an employer if that employee is injured during the course of his or her employment. This provision is commonly referred to as the “exclusive remedy provision.” There are, however, certain exceptions to the exclusive remedy provision where an injured employee can bring a claim against his employer. One such exception is the “intentional wrong” exception.

The intentional wrong exception to the exclusive remedy provision was examined by the Supreme Court of New Jersey in the case of Crippen v. Central Jersey Concrete Pipe Company, 176 N.J. 397. In this case, an employee fell from a six foot high, unsecured ladder into a sand hopper and suffocated to death. The plaintiff argued that since the defendant failed to correct Occupational Safety and Health Administration (OSHA) violations and made fraudulent misrepresentations to OSHA officials that certain unsafe working conditions had been abated, this constituted intentional wrong and the claim should survive as an exclusive remedy exception.

The New Jersey Supreme Court agreed with the plaintiff and allowed the deceased’s estate to proceed against his former employer. The Court reasoned that “a jury reasonably could conclude that the defendant had knowledge that its actions were substantially certain to result in the injury or death of one of its employees.” The Court also explained that when examining substantial certainty, a totality of the circumstances needs to be considered.

The ability to file a New Jersey personal injury claim against an employer outside the scope of Worker’s Compensation is very fact specific. Just because you have been injured on the job, it does not necessarily mean that you are prohibited from making a non-worker’s compensation claim.

The Crippen case is an example of how important it is to gather as much evidence as soon after the injury as possible to begin to build the strength of your claim. Please contact an experienced New Jersey worker’s compensation attorney at the law firm of Lependorf & Silverstein for a free consultation regarding your rights. Often, recoveries can be much greater if the plaintiff has his or her choice of venue. Contact an attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein to discuss your options. It is important to contact us as soon as possible after you have been injured.

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A Hudson County jury has awarded Newark resident Silvano Santos $6 million as compensation for severe wrist injuries in a New Jersey construction accident four years ago, the Jersey Journal reports. The construction accident happened on January 12, 2005 when Santos slipped on ice and fell from a second story platform through an open hole that was cut for stairs on to a cement ground floor. The guard rail that had apparently been placed around the hole had been removed to build a wall, but there was no alternative safety device such as a harness, which is required by the federal Occupational Safety and Health Administration (OSHA) regulations.

Santos suffered a shattered right wrist and is still unable to bend his wrist or hold anything heavy. He also suffers sever daily pain, his attorneys say. Santos was unable to work for four months after the accident. Now he is left with a significant permanent disability to the right hand and wrist.

Santos worked for the now-defunct New Way Construction that was hired by subcontractor All-Tech Inc. to do carpentry work at the site. The general contractor, Baker Residential, and All-Tech were eventually held liable for the accident and Santos' injuries. OSHA officials said they had no record of the construction accident in New Jersey. A local official also said that the accident was never reported, as required, to the Secaucus Construction Code Enforcement Department.

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It is quite common for employees to sustain injuries while engaged in social or recreational activities. An example of a social and recreational injury is when an employee plays on a company sponsored softball team and is injured while sliding into second base during a game. The injured employee is playing on a team sponsored by his employer and the team is comprised solely of employees from the same company – co-workers. This injury is not covered under New Jersey’s Worker’s Compensation Law. The applicable statute only affords benefits if the employee is injured during a recreational or social activity and “such recreational or social activities are a regular incident of employment and produces a benefit to the employer beyond improvement of employee health and morale.”

The 2004 New Jersey Supreme Court case entitled Lozano v. Frank DeLuca Construction 178 N.J. 518 (2004) outlines the factors a Court must weigh when making a determination that an otherwise recreational or social activity can be considered within the scope of employment. The Lozano decision requires that the activity must compel, either directly or implicitly, participation or attendance by the employee. Among those factors to be considered are, “whether the employer directly solicits the employee’s participation in the activity, whether the activity occurs on the employer’s premises, during work hours, and in the presence of supervisors, executives, clients or the like; and whether the employees refusal to attend or participate the employee to the risk of reduced wages or loss of employment.”

As is clear from the Lozano decision, there are many, many factors to consider when evaluating if a social and recreational work injury is compensable. If you have been injured during a social or recreational activity with fellow employees, you may be entitled to Worker’s Compensation benefits. Contact an experienced New Jersey worker’s compensation attorney at the Princeton office of Lependorf & Silverstein, P.C. today for a free consultation.

The Princeton, New Jersey Worker’s Compensation law firm of Lependorf & Silverstein, P.C. can put its New Jersey Worker’s Compensation experience to work on your behalf. Contact an attorney at the Princeton office of Lependorf & Silverstein, P.C. today and learn the benefits available to you.

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Going And Coming Rule

When the state of New Jersey originally adopted its Worker’s Compensation Act in 1911, the Act did not contain a definition of employment. Over the last one hundred years or so New Jersey Worker’s Compensation courts have attempted to define employment. Specifically, these courts have sought to determine when a typical workday begins and when a typical workday ends. This determination is critical in assessing if an injury is work related or if it is not work related. Over the years, what is known as the “going and coming” rule has evolved. Generally, the rule is that employees are not eligible to receive workers compensation benefits if they are injured during routine travel to and from work. This is because routine travel to and from work adds no benefit to an employer, and exposes the employee to no unusual risk that is specific to his or her job.

Importantly, certain exceptions to the “going and coming” have developed over the years. The two most common exceptions are known as the “special mission” exception and the “travel time” exception. The special mission exception provides injured workers with worker’s compensation benefits if the injury occurs when the employee is required to be away from his or her conventional place of employment and is actually engaged in the direct performance of employment duties. The travel time exception provides injured workers with worker’s compensation benefits if the injury occurs when the employee is paid for travel time to and from a distant job site, or if the employee is using an employer authorized vehicle for travel time to and from a distant job site.

Obviously, there have been many, many cases over the years with fact patterns that attempt to fall within the going and coming rule exceptions. If you have been injured either going to or coming from work you may be entitled to worker’s compensation benefits. Contact an attorney at the Princeton, New Jersey worker’s compensation law firm of Lependorf & Silverstein, P.C. for a free consultation regarding your rights. Just because your company’s worker’s compensation insurance carrier denies your claim does not necessarily mean you are not entitled to benefits. Contact an experienced New Jersey worker’s compensation attorney at the Princeton office of Lependorf & Silverstein, P.C. today.

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A worker aboard a commercial fishing boat died after his leg was caught in a winch while fishing about 5 miles off the coast of Manasquan. Billy Melgrum, 53, died while working on board the 65-foot Lydia J, a commercial vessel. According to this news report, the Coast Guard had received a call from a crew member aboard the Lydia J, reporting that Melgrum had injured both legs and needed immediate medical attention.

A New Jersey State Police rescue boat crew arrived and performed CPR on Melgrum, but he did not survive. An investigation into this tragic on-the-job wrongful death is ongoing, the report said.

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On January 6, 2009, A New Jersey Appellate Division panel of Judges affirmed a New Jersey Division of Worker’s Compensation Department of Labor Claim that was brought by an injured worker against his former employer, Amalfe Brothers Tire Service. The injured worker was employed as an auto mechanic from 1983 until 2004. On May 1, 2000, while installing calipers on the brakes of a company vehicle, a co-worker accidentally depressed the brake pedal. This caused brake fluid to squirt into the injured employee’s left eye. The employee reported this injury to his manager. The employee attempted to wash the fluid out of his eye in the bathroom with water. On his way home he stopped at a drug store and purchased eye wash to help flush out the eye.

Over time the employee’s vision became blurry and he saw flashes. Ultimately, despite surgery, a diagnosis of an inferior retinal detachment secondary to a giant retinal tear was diagnosed. Vision in the eye is 20/200 with no hope for improvement. This loss of vision as a result of this New Jersey on the job injury has left this man essentially blind in one eye.

Due to the vision loss, the injured employee required psychiatric care. A diagnosis of post-traumatic stress accompanied the loss of vision. After taking testimony from the injured employee, the Worker’s Compensation Judge concluded that the petitioner was 63.33 % disabled and awarded him $143,640.00. Amalfe Brothers Tire Service appealed this decision. The appeal was denied. The Appellate Division panel was satisfied that the judge’s findings were appropriate.

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Ada Marlib, 82, was killed in a Monroe Township auto accident on October 27, 2008 when her car struck a street sweeper and then crashed into another sport utility vehicle. According to a news report, the accident occurred on Perrineville Road north of School House Road. Marlib was pronounced dead at the scene.

She was reportedly traveling north on Perrineville when she struck the back of the street sweeper. Her car then went into the southbound lanes and crashed into an oncoming Ford Explorer driven by 72-year-old Seymour Behm, also of Monroe. The driver of the street sweeper, 46-year-old Michael Vinvenzi of Tom River, was uninjured. Behm reportedly escaped the New Jersey SUV accident with minor injuries.

According to statistics from the National Highway Transportation Safety Administration (NHTSA), there were 722 fatal car accidents in New Jersey in 2006, including 31 fatalities in Newark and nine in Jersey City. That denotes a 3 percent increase over the year before.

If you have been seriously injured or have lost a loved one in a New Jersey car crash because of someone else’s negligence, you have the right to hold the negligent parties liable for their actions. Auto accidents can cause severe damage and expenses to innocent victims who deserve justice and deserve rightful compensation for what they have suffered. Victims and/or their families are entitled to compensation for medical bills or funeral costs; damage repair costs, physical injuries, wrongful death pain or suffering. To schedule a free case evaluation, please call a Princeton auto accident attorney at Lependorf & Silverstein today.

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A 32-year-old man from Nazareth, Pennsylvania, was killed in a fatal New Jersey workplace accident in Totowa after his dump truck rear-ended a car, which was traveling behind a slow-moving lawn tractor owned by the New Jersey Department of Transportation, police officials said. According to this news report, Robert Berger was driving west on the highway when his dump truck went up a hill and rear-ended a Grand Marquis whose driver, 88-year-old Edward Muldoon, had braked to avoid hitting the tractor.

Berger was killed in the crash. Muldoon suffered a back injury and the driver of the tractor, 47-year-old Ronald Kichko, was taken to the hospital with eye and head injuries, the report said.

Investigators will likely look into why the lawn tractor was traveling so slowly down a hill where motorists behind would have no indication of the slow-moving vehicle. If the driver of the tractor is held responsible for causing this fatal crash, both he and his employer – in this case, the New Jersey Department of Transportation – could be held liable for the accident, injuries and fatality.

The victims in this case would be well-advised to contact an experienced and knowledgeable New Jersey truck accident attorney who will help protect their rights help them secure the compensation they rightfully deserve. Auto accidents, especially those involving multiple parties and governmental agencies, can be complex and challenging. If you or someone you love has been severely injured or killed in a New Jersey auto accident, please call Lependorf & Silverstein to pursue and protect your legal rights.

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A man was killed while working in Princeton Township when a tree fell on him during the afternoon of October 21, 2008, the New Jersey Star-Ledger reports. According to police familiar with the investigation, the victim, who has not been identified, was working for a tree service company in the 900 block of Lawrenceville Road (Route 206) in Mercer County.

The on-the-job injury accident reportedly occurred when the man was standing on the ground and working on a tree, when a second large tree, about 15 feet away suddenly uprooted and fell on him. The fallen tree, officials say, was 35 feet tall and 16 inches in diameter. It was a freak accident, which was not caused by weather conditions, officials say.

This is a tragic, on-the-job accident. The worker’s family will no doubt be entitled to worker’s compensation death benefits through his employer. Worker’s compensation benefits are set up by employers to help those injured on the job or families of workers who are killed in a work-related accident. The family members of the deceased are entitled to these benefits regardless of fault. Unfortunately these benefits are hardly sufficient to compensate a family fairly for the loss of a loved one. Moreover, filing worker’s compensation claims can be complicated and confusing, especially if you face resistance from your employer or your spouse’s employer.

If you or someone you love needs assistance with such cases, please call Lependorf & Silverstein for a free consultation. Our experienced Princeton worker’s compensation lawyers have successfully represented many injured workers and families. Call us today for a free case evaluation.

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Francis Longo, 47, of Mercerville, N.J., a construction worker, fell off the Trenton-Morrisville Toll Bridge in Morrisville, suffering injuries. According to this news report, Longo fell on the northbound lanes of Route 1 and landed on the construction platform about 6 feet below, officials said. Longo, who was a steelworker at the bridge site, fell as he was pouring concrete.

Longo was transported to an area hospital where he was treated for his New Jersey construction accident injuries, which are not said to be life-threatening. Longo reportedly suffered bruises and cuts to his hand. He was employed by Conti Construction of South Plainfield, N.J. Longo is indeed fortunate that he did not suffer catastrophic or fatal injuries during his fall.

Every year thousands of construction workers are killed or seriously injured while working at construction sites. These accidents continue to occur despite state and federal regulations as well as existing industrial standards, which require company owners, general contractors and sub-contractors to implement a wide range of safety measures.

Construction workers who are injured on the job will be well-served to seek legal representation to protect their rights and secure the compensation they need to attend to their medical needs and the needs of their family. Our New Jersey construction accident lawyers at Lependorf & Silverstein have extensive experience helping injured clients receive workers compensation benefits and recover damages for any suffering or losses they have endured because of their construction accident. Call us today for a free consultation to discuss your case and find out how we can help protect your legal rights.

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A Camden County, NJ jury recently awarded $250,000 in compensatory damages and $1 million in punitive damages to an employee of a bridal store who had alleged that she was fired because she complained of racial discrimination at work. The plaintiff, an African-American woman, alleged that customers were routinely not assigned to her due to her race, which made it difficult to reach her sales quotas. The Plaintiff presented evidence to the jury that numerous African-American employees had been disciplined for failing to make quotas, while no white employee had ever been fired.

The interesting part of this case was that the jury found that there was no discrimination by the store. However, the jury did find that the store fired her in retaliation for her complaints. Compensatory damages included compensation for emotional distress, and punitive damages were awarded because the store management participated in the retaliation.

Victims of racial or sexual harassment in the workplace should understand that discriminatory conduct by their employers is wrong, and there are legal remedies for such conduct. In the eyes of the law, it is also wrong for an employer to terminate, demote, or otherwise negatively impact an employee who complains about harassment or discrimination.

If you have been sexually harassed, or treated differently because of your race, gender, age, ethnicity, or sexual orientation, contact Attorney Peter B. Paris at Lependorf & Silverstein today. Mr. Paris is an aggressive and experienced New Jersey personal injury attorney who will fight for the justice you deserve.

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At long last, the New Jersey Supreme Court has finally decided that repeated, abusive, offensive, and degrading comments about a person’s religious faith or identity in the workplace can provide the basis for a successful hostile work environment lawsuit.

In Cutler v. Dorn, a Jewish police officer, Jason Cutler, was repeatedly subjected to taunts and ridicule from supervisors and co-workers that were based on his Jewish faith and ancestry. For example, Officer Cutler endured words like “those dirty Jews!” and offensive references to his apparent lack of a “big Jew nose.” Co-workers would work their discrimination into conversations in which they would say, for example, “Jews are good with numbers” and “Jews make all the money.” While the Appellate Court deemed these taunts to be mere “teasing,” the Supreme Court issued a strong opinion rejecting that description and found that “[a]ntagonistic, degrading, or demeaning conduct in the workplace that is directed at, or about, one’s religious faith, or ancestry, can be discriminatory and can amount to an unlawful hostile environment.”

If you have been subjected to repeated insults at work regarding your religious faith or heritage, you have a right to stand up for yourself. If you have been fired or quit your job because of such harassment, you may very well be entitled to compensation.

Contact the New Jersey personal injury attorneys at Lependorf & Silverstein to help you defend yourself and protect your rights.

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Federal officials are investigating a Plainfield Township workplace accident which killed 60-year-old William H. Edwards, a Monroe County man. According to a news report in The Express Times, Edwards suffered from head trauma after a machine he was working on at RPM Recycling gave way and broke landing on his head. Edwards reportedly died on the scene.

Although township police call it an “unfortunate accident,” federal officials from the Occupational Safety and Health Administration, who were notified soon after the accident as per procedure, are investigating the fatal accident. According to the report, another worker was helping Edwards mount a sorting tray on a steel recycling machine when a weld broke causing the tray to hit Edwards on the head. The other worker escaped without any injuries.

OSHA has begun its investigation and will have six months to determine the cause and circumstances of the workers comp accident. According to a department spokeswoman, investigators will also examine whether federal occupational safety and health laws were violated.

The federal investigators are likely to look into different aspects of this incident. They may inspect the machinery or equipment at the recycling plant to see if they are being properly maintained and serviced. They may look into whether the factory managers knew that this particular machinery was malfunctioning and/or if it had malfunctioned in the past. Investigators could also look into whether the worker in question and others had adequate training to operate the equipment or machine in question.

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Senator Paul Sarlo (D-Bergen) announced yesterday that the Senate Labor Committee will convene on May 5th to discuss problems with New Jersey’s $1.8 Billion worker’s compensation system, according to a published report in the New Jersey Star Ledger.

It was a series of reports in The Star-Ledger that prompted the special hearings. Those reports showed how bureaucratic delays, politics and poor state oversight have left thousands of injured workers waiting years for the relief promised by the New Jersey Workers’ Compensation system. The Star-Ledger series also found thousands of workers whose compensation benefits were delayed for years while insurers or state attorneys wrangled over the terms of their settlements or authorized medical treatment.

“It’s appropriate to take a close look at the workers’ compensation system to see whether it can be made more efficient,” said Sarlo. “The recent media focus on the system gives us a chance to see if we can make it a better, fairer program so nobody falls through the cracks.”

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