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(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Friday, September 14, 2012

Child Labor

"John Howell, an Indianapolis newsboy..."Photo by Lewis Hine, 1908 Aug. http://hdl.loc.gov/loc.pnp/nclc.03225
The US Library of Congress has just posted digital images o child labor that are in it s collection. Workers' Compensation benefits are but one instance that enforce penalties when child labor laws are not followed.

Family Responsibilities Discrimination - When An Employer Says No

An aging workforce creates many new problems including the responsibilities to take care of even older family members. Employers can can be harsh as they restrict such employee's request to care for aging family members.

A recent article in the NY Times discusses the issue of "Family Responsibilities Discrimination" as seniors try to step up to the plate to assist the very old family members in acute and chronic situations.

"Workers trying to care for their parents face greater challenges. “Child care is difficult because it’s so unrelenting,” Dr. Williams said. “Elder care is difficult because it’s so sudden.” Moreover, no one can predict how long those responsibilities will continue, and the costs can dwarf those of child care."


Click here to read When Work Makes You Choose (NY Times) and the Hastings Law School Project and AARP's efforts to assist legally those who has discriminated against in their view.

Read more about the "aging workforce"

Jul 07, 2012
Safety in the workplace is now a growing concern as US aging workforce expands. It has been frequently reported that the expansion of this dimension of the labor sector has generated an increase in serious accidents and .
Aug 03, 2012
"The aging of the U.S. population, the increasing share of females in the workforce, and, in recent years, the high unemployment rate are the primary factors explaining the rising costs of Social Security Disability Insurance." ...
Dec 05, 2009
Safety in the workplace is now a growing concern as US aging workforce expands. It has been frequently reported that the expansion of this dimension of the labor sector has generated an increase in serious accidents and ...
Oct 31, 2011
Statistics also reveal that the aging workforce is continuing to fall apart physically and file for Social Security Disability Insurance in lieu of workers' compensation at a greater rate than ever.. Even though more attention is now ...

NJ Legislature to Discuss Workers Compensation Reforms


The NJ Legislature will be discussing potential major changes to the NJ Workers' Compensation Act during Senate Labor Committee hearings next week. 

The Senate Labor Committee will meet on Thursday, September 20, 2012 at 10:00 AM in Committee Room 6, First Floor, State House Annex, TrentonNew Jersey.

The following bills will be considered:

S-1630
Bateman/Oroho
Prohibits payment of temporary disability benefits to incarcerated individuals.

S-1898
O'Toole/Allen
Prohibits requirement to provide information for access to account on social networking website by employer.

S-1915
Sweeney/Whelan
Prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications device by employers.

S-1916
Sweeney
A-2879
Burzichelli/Greenwald/
Ramos/Conaway/Caride
Prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications devices by institutions of higher education.

S-1926
Greenstein
Bans charging workers' compensation claimants for medical expenses, gives Division of Workers' Compensation sole jurisdiction over work-related medical claims. (Binding arbitration)

S-2022
Madden
A-2652 (1R)
Eustace/Singleton/Egan/
Benson/Coughlin
Bans charging workers' compensation claimants for medical expenses, gives Division of Workers' Compensation sole jurisdiction over work-related medical claims.

SCR-123
Scutari
Memorializes Congress and the President to enact the "Team USA Made in America Act of 2012."

A-2878 (1R)
Burzichelli/Greenwald/
Ramos/Conaway/Caride
Prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications device by employers.

Read more about medical billing

May 11, 2012
By John H. Geaney and Jon L. Gelman "Medical expenses in contested workers' compensation cases are now a significant and troublesome issue resulting in uncertainty, delay and potential future liability. Th recent NJ ...
May 11, 2012
By John H. Geaney and Jon L. Gelman "Medical expenses in contested workers' compensation cases are now a significant and troublesome issue resulting in uncertainty, delay and potential future liability. Th recent NJ ...
May 11, 2012
May 11, 2012
By John H. Geaney and Jon L. Gelman "Medical expenses in contested workers' compensation cases are now a significant and troublesome issue resulting in uncertainty, delay and potential future liability. Th recent NJ orkers' Compensation: Collecting Unpaid Medical Bills in Workers ...
Feb 17, 2012
Medical bills now account for almost 70% of the total of workers' compensation benefits paid, and the collection of those unpaid medical bills has exploded into a cottage business creating enormous procedural and ...

Aug 02, 2012
In 2007, Stancil filed a motion in the compensation court seeking an order compelling ACE to pay outstanding medical bills. During a hearing on the motion, the compensation judge commented that ACE had a history of failing...

Apr 09, 2009
Medical Bills of Smokers Reported to be Less Than Expected. It has been recently reported that smokers may actually cost society less for medical treatment than non-smokers. The CDC has reported that since smokers die on...

Jul 23, 2009
The number of disputes concerning the payment/reimbursement of medical bills have increased in workers' compensation claims in New Jersey. The State has proposed converting the Informal Hearing procedure into a new ...

Related articles

OSHA Cites Employers for Exposing Workers to Asbestos - $148,000

The seal of the United States Department of Labor
The seal of the United States Department of Labor (Photo credit: Wikipedia)

Proposed penalties total more than $148,000 for hazards at San Antonio work site
The U.S. Department of Labor's Occupational Safety and Health Administration has cited seven construction companies – three Miami-based contractors and four San Antonio-based subcontractors – with 45 serious and one other-than-serious violation for exposing workers to asbestos hazards at a San Antonio construction work site. Proposed penalties total $148,000.

"Asbestos is an extremely hazardous material that can potentially cause lifelong, irreversible health conditions," said John Hermanson, OSHA's regional administrator in Dallas. "It is imperative that OSHA's safety and health standards be followed to avoid accidents, injuries and illnesses."

In response to a referral by the Texas Department of State Health Services, OSHA's San Antonio Area Office initiated a safety and health inspection in March at the Reserves at Pecan Valley apartment complex located on East Southcross Boulevard. Inspectors found that workers were remodeling apartments without the use of proper clothing and respiratory equipment that would protect them from exposure to asbestos.

Specifically, the violations include failing to abate asbestos hazards and ensure that employees work in regulated areas, perform air monitoring for asbestos exposure, use the required engineering controls to prevent exposure, require the use of proper respiratory and personal protective equipment, train workers on the hazards of working with asbestos and ensure that an asbestos assessment is performed by a qualified person. A serious violation occurs when there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

The Miami-based contractors have been cited for a total of 14 violations: Newport Property Ventures LLC has been issued citations carrying $36,100 in fines for eight serious and one other than serious violation; Newport Property Construction LLC has been fined $12,600 for two serious violations and Jamesboys Inc. has been issued citations carrying $18,900 in fines for three serious violations.

The San Antonio subcontractors have been cited for a total of 32 violations: Alex Vega doing business as Alco Painting & Remodeling has been issued citations carrying $28,200 in fines for 11 serious violations; Luis Lozada has been issued citations with $20,400 in fines for eight serious violations; Frank Gonzalez has been issued citations with $9,600 in fines for four serious violations; and Clemente Covarrubias, doing business as Knock It Out, has been issued citations with $22,200 in fines for nine serious violations.

Detailed information on asbestos hazards and safeguards is available at http://www.osha.gov/SLTC/asbestos/index.html andhttp://www.osha.gov/SLTC/asbestos/construction.html.

The citations can be viewed at http://www.osha.gov/ooc/citations/alco-painting-283535-0906-12.pdf*
http://www.osha.gov/ooc/citations/alco-painting-472878-0906-12.pdf*
http://www.osha.gov/ooc/citations/clemente-covarrubias-447453-0906-12.pdf*
http://www.osha.gov/ooc/citations/frank-gonzales-447317-0906-12.pdf*
http://www.osha.gov/ooc/citations/james-boy-315630913-0906-12.pdf*
http://www.osha.gov/ooc/citations/luis-lozada-447973-0906-12.pdf*
http://www.osha.gov/ooc/citations/newport-prop-constr-283336-0906-12.pdf*
http://www.osha.gov/ooc/citations/newport-prop-ventures-329062-0906-12.pdf*
http://www.osha.gov/ooc/citations/newport-prop-ventures-448114-0906-12.pdf*.

The companies have 15 business days from receipt of their citations and penalties to comply, request an informal conference with OSHA's area director in San Antonio, or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the San Antonio office at 210-472-5040.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
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For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

More about "Asbestos"
Sep 04, 2012
The Canadian Journal of Medicine had also endorsed a ban on Canadian asbestos production. "Canada's government must put an end to this death-dealing charade. Canada must immediately drop its opposition to placing .
Jul 20, 2012
An increased risk of developing asbestos related disease, including mesothelioma, was identified in a recent study. Asbestos exposure has caused an epidemic of claims for workers' compensation benefits in the United ...
Jun 22, 2012
NJ Attorney General Jeffrey S. Chiesa announced that two men and the demolition company they operated have been indicted by a state grand jury on charges that they unlawfully removed asbestos from the former Zurbrugg...
Aug 06, 2012
The US Geological Survey has reported that US consumption of asbestos fiber increased 13% in 2011. Asbestos is a known carcinogen and the cause of mesothelioma, a rare and fatal cancer. The US has yet to ban asbestos ...


Job Stress A Risk For Heart Attack

Map of Heart Disease Death Rates in US White M...
Map of Heart Disease Death Rates in US White Males from 2000-2004 (Photo credit: Wikipedia)
Lancent reports that stress at work posses and increased risk for a heart attack. Workers' Compensation benefits are payable if work-related stress is a material cause of a heart condition.

"30 214 (15%) of 197 473 participants reported job strain. In 1·49 million person-years at risk (mean follow-up 7·5 years [SD 1·7]), we recorded 2358 events of incident coronary heart disease. After adjustment for sex and age, the hazard ratio for job strain versus no job strain was 1·23 (95% CI 1·10—1·37). This effect estimate was higher in published (1·43, 1·15—1·77) than unpublished (1·16, 1·02—1·32) studies. Hazard ratios were likewise raised in analyses addressing reverse causality by exclusion of events of coronary heart disease that occurred in the first 3 years (1·31, 1·15—1·48) and 5 years (1·30, 1·13—1·50) of follow-up. We noted an association between job strain and coronary heart disease for sex, age groups, socioeconomic strata, and region, and after adjustments for socioeconomic status, and lifestyle and conventional risk factors. The population attributable risk for job strain was 3·4%."

....

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

Read more about "heart disease" and working conditions
Sep 11, 2012
"More than 80 million people in the United States have some form of cardiovascular disease (CVD)—for example, coronary heart disease, stroke, high blood pressure, or heart failure—and millions of others are at increased...
Apr 06, 2012
The occupational exposure to asbestos fiber has now been linked to fatal heart disease. A recent report associates asbestos exposure at work to a higher risk of dying from cardiovascular disease. Cardiovascular disease ...
Jan 30, 2012
In the general population, high BMI generally correlates with high body fat, and we know that high body fat is a risk factor for death (mortality) and heart disease. Is the same true for elite athletes, for whom high BMI may relate ...
May 19, 2010
New studies just published establish the causal relationship of overtime work with an increased risk of heart disease resulting in a greater risk of cardiovascular death, nonfatal myocardial infarction and angina. Workers who ...

Thursday, September 13, 2012

NJ Maximum Disability to Increase 2% to $826.00 Per Week

NJ's workers' compensation disability rates are scheduled to increase in 2013 to a maximum rate of $826.00 per week. The NJ workers' compensation rate is mandated by statute and the the increase from $810. per week paid in 2012 is adjusted based upon the States' Average Weekly Wage (SAWW). The 1979 amendments to the act adjusted the then $40.00 maximum rate based upon the SAWW formulate to keep payments inline with actual salaries.

Click here to read the NJ Register Notice

....
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.


More about temporary disability
Aug 13, 2012
An employer cannot stop paying workers' compensation benefits merely because the injured worker was awarded Social Security Disability benefits. In fact, the premature termination of temporary disability benefits was ...
Jul 27, 2012
If an employee is not absent from work, temporary compensation benefits are not payable. An employee may be entitled to multiple periods of temporary disability benefits as a result of a particular injury. When there is a ...
Jan 29, 2012
Universally workers' compensation temporary disability benefits are set calculating wages at the time of the accident. If an employer miscalculates an employee's wages then the payment of temporary disability benefits paid...
Jul 06, 2010
"The compensation judge correctly ordered continued temporary disability benefits from November 9, 2006 through February 17, 2007, "the period of time when [Schock] was unable to proceed with an authorized anterior ...


California Worker Coalition Objects to Recent Workers Compensation Legislation

Injured workers are voicing opposition to recently passed legislation in California to enact austerity measures to save the California workers' compensation from rising costs and expenses. The injured workers group is voicing concern about 3 major issues:

1. Stop Attacking Injured Workers
2. For Full Healthcare Rights and No More Insurance/Employer Control Of Workers Compensation
4. Stop Cost Shifting By The Insurance Industry and Employers

More about California and Workers' Compensation
Sep 01, 2012
Tonight the California Legislature took an axe to its ailing workers' compensation system, as part of major election year austerity measures. Targeting both medical and legal costs of operating the program, at the ...
Aug 15, 2012
Rumors spread like wildfire this week as alleged secret back-room dealing continued in an effort to reform the failing California workers compensation system, yet again. The great trade-off of 2012 appears to be a major move...
May 31, 2012
A groundbreaking settlement between California's Attorney General and manufacturers of Brazilian Blowout hair smoothing products that contain a cancer-causing chemical will help protect salon workers and consumers, ...
May 29, 2012
Applicant firms (as they are called in California) have not seen much if any attrition since 2004,when the Terminator reforms were instigated, and several have actually expanded taking up the slack of the less dedicated firms.