Some employers are not reporting severe work-related injuries according to the US Occupational Safety and Health Administration (OSHA). Over 50% or more are not being reported.
Showing posts with label New Jersey. Show all posts
Showing posts with label New Jersey. Show all posts
Monday, March 21, 2016
Friday, March 18, 2016
NJ Judge Orders Psychotherapy Sessions In Conjunction With Pain Management
A NJ Workers' Compensation Judge Ordered the continuation of medical services to an injured worker who has been struggling for years because of chronic knee pain depression and anxiety despite the objection of the employer who sought to terminate care. The Judge Philip A. Tornetta, Administrative Supervisory Judge of Compensation, adopted an innovative approach in attempt to reduce or eliminated prescribed drugs including, "Oxycontin for her knee pain, Lexapro for depression and Xanax, which helps her sleep."
Tuesday, March 1, 2016
OSHA Fines NJ Contractor For Hanger Collapse at Newark Airport
OSHA fines CATCO Demolition Services $49K for the violation
Employer name: Catanzaro & Sons Enterprise, doing business as CATCO Demolition Services
10 Gregory Drive, Montville, New Jersey
10 Gregory Drive, Montville, New Jersey
Site: Newark Liberty International Airport, 14 Brewster Road, Newark, New Jersey
Citations issued: On Feb. 24, 2016, the U.S. Department of Labor Occupational Safety and Health Administration ’s Parsippany Area Office issued a citation for one willful violation.
Investigation findings: OSHA’s inspection began Sept. 9, 2015 after United Airlines Hanger No. 14 at Newark Liberty International Airport collapsed during demolition. Inspectors determined CATCO Demolition Services deviated from an approved demolition plan and made unapproved cuts to several I-beams, weakening the structural members of the hangar as employees worked inside the hangar. OSHA cited CATCO for this hazard.
The employer has 15 business days from receipt of the citation and proposed penalty to comply, request an informal conference with OSHA’s area director, or contest the findings before the Occupational Safety and Health Review Commission.
Proposed penalty: $49,000
Quote: “By not following the approved demolition plan, CATCO Demolition Services left its employees vulnerable to unnecessary risk,” said Kris Hoffman, director of OSHA’s Parsippany Area Office. “Employers must provide employees with a safe working environment; anything less than that is unacceptable.”
View the citations: http://www.osha.gov/ooc/citations/CatanzaroandSons_1091006.pdf*.
Wednesday, February 3, 2016
Fraud: Two South Jersey Corporations and Five of Their Officials Charged With Stealing Nearly $600,000
Acting NJ Attorney General John J. Hoffman and the Office of the Insurance Fraud Prosecutor (OIFP) announced today that two South Jersey corporations and five of their officials have been indicted in an alleged workers compensation fraud scheme that bilked nearly $600,000 from an insurance carrier.
Friday, September 25, 2015
Employees exposed to dangerous workplace hazards at Pennsauken aluminum services plant
A aluminum company fined $308K
OSHA's investigation found 44 safety violations, including one willful:
Employer name: Aluminum Shapes LLC, 9000 River Road, Delair, New Jersey.
Citations issued: On Sept. 21, 2015, the Occupational Safety and Health Administration cited the company for one willful, three repeat, 35 serious, and five other-than-serious violations.
Investigation findings: OSHA launched an investigation April 16, 2015, after being notified that an employee suffered a broken leg on March 24 while operating a crane and was hospitalized. The company failed to report the incident to the agency within 24 hours, as required.
The willful citation involved electrical equipment with damaged parts that could adversely affect the safe operation or mechanical strength of the equipment. In addition, pendant control boxes for a crane were damaged, malfunctioning and not clearly marked; damaged slings were not removed from service; and metal saws were not guarded to prevent employee exposure, resulting in the repeat citations. Unguarded floor openings, lack of machine guarding and confined space training were among the serious violations.
The other-than-serious violations included the employer's failure to report the hospitalization and an inadequate hazard communication program.
Proposed Penalties: $308,000
Quote: "The number of safety violations found at Aluminum Shapes' plant is completely unacceptable. This employer blatantly ignored known safety requirements, causing a preventable worker injury," said Robert Kulick, OSHA's regional administrator in New York. "This company is now paying a hefty price for its negligence. The hazards identified in the investigation should be immediately addressed to prevent future incidents and ensure worker safety."
View the citations: https://www.osha.gov/ooc/citations/Aluminum_Shapes_LLC_1059368_Sept_23_2015.pdf
Employer name: Aluminum Shapes LLC, 9000 River Road, Delair, New Jersey.
Citations issued: On Sept. 21, 2015, the Occupational Safety and Health Administration cited the company for one willful, three repeat, 35 serious, and five other-than-serious violations.
Investigation findings: OSHA launched an investigation April 16, 2015, after being notified that an employee suffered a broken leg on March 24 while operating a crane and was hospitalized. The company failed to report the incident to the agency within 24 hours, as required.
The willful citation involved electrical equipment with damaged parts that could adversely affect the safe operation or mechanical strength of the equipment. In addition, pendant control boxes for a crane were damaged, malfunctioning and not clearly marked; damaged slings were not removed from service; and metal saws were not guarded to prevent employee exposure, resulting in the repeat citations. Unguarded floor openings, lack of machine guarding and confined space training were among the serious violations.
The other-than-serious violations included the employer's failure to report the hospitalization and an inadequate hazard communication program.
Proposed Penalties: $308,000
Quote: "The number of safety violations found at Aluminum Shapes' plant is completely unacceptable. This employer blatantly ignored known safety requirements, causing a preventable worker injury," said Robert Kulick, OSHA's regional administrator in New York. "This company is now paying a hefty price for its negligence. The hazards identified in the investigation should be immediately addressed to prevent future incidents and ensure worker safety."
View the citations: https://www.osha.gov/ooc/citations/Aluminum_Shapes_LLC_1059368_Sept_23_2015.pdf
Saturday, October 25, 2014
Cuomo and Christie Order Strict Ebola Quarantines
 The governors of New York and New Jersey on Friday ordered quarantines for all people entering the country through two area airports if they had direct contact with Ebola patients in Guinea, Liberia and Sierra Leone. The announcement signaled an immediate shift in mood, since public officials had gone to great lengths to ease public anxiety after a New York City doctor received a diagnosis of Ebola on Thursday. A few hours later, New Jersey health officials said a nurse who had recently worked with Ebola patients in Africa and landed in Newark on Friday had developed a fever and was being placed in isolation at a hospital. The nurse, who was not identified, had been quarantined earlier in the day under the new policy, even before she had symptoms. Officials did not know Friday night whether or not she had the virus. The new measures go beyond what federal guidelines require and what infectious disease experts recommend. They were also taken without consulting the city’s health department, according to a senior city official. But both governors, Andrew M. Cuomo of New York and Chris Christie of New Jersey, portrayed them as a necessary step. “A voluntary Ebola quarantine is not enough,” Mr. Cuomo said. “This is too serious a public health situation.” In New York City, disease investigators continued their search for anyone who had come into contact with the city’s first Ebola patient, Dr. Craig Spencer, since Tuesday morning. Three people who... |
'We Suck' on Minimum Wage, U.S. Labor Chief Says; Christie Has 'Head in the Sand'
New Jersey Governor Chris Christie has “got his head in the sand” when it comes to the plight of minimum-wage earners in his state, U.S. Labor Secretary Tom Perez said.
“I’ve met with minimum-wage workers in New Jersey,” Perez said today at a Bloomberg News event in Washington. “I’ve met with folks who -- the only raise they got, they’re baggage handlers at Newark Airport, and the only raise they got was when the voters increased the minimum wage.”
President Barack Obama and his administration have been pushing Congress to raise the federal minimum wage to $10.10 an hour from $7.25. Most Republicans in Congress and many Republican governors, including Christie, oppose the increase. The Democratic-led Senate has tried and failed repeatedly to advance the issue, and House Speaker John Boehner has said his Republican-led chamber won’t consider it.
“All the Democrats and the president want to talk about is minimum wage,” Christie, 52, told reporters today at a diner in Bordentown, New Jersey, where he was campaigning for congressional candidate Tom MacArthur, a Republican from Toms River. “The reason they want to do that is because they have not had the kind of growth in this country that we should be having in terms of wages and better jobs.”
New Jersey voters last November approved a constitutional amendment that will increase the...
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Chris Christie berated by U.S. Labor Secretary over minimum wage comments
| In this Sept. 14, 2014 file photo, protesters participate in a rally outside a McDonaldis on Chicago's south side as labor organizers escalate their campaign raise the minimum wage for employees to $15 an hour. As Democrats across the country make an election-year push to raise the minimum wage, they are also looking to motivate younger people, minorities and others in their base to go to the polls on Nov. 4th. The party has put questions on the ballot in five states asking voters whether the minimum wage should be increased. TRENTON — Speaking at a Bloomberg News event in Washington D.C. today, U.S. Secretary of Labor Tom Perez said Gov. Chris Christie has “got his head in the sand” when it comes to the nation's lowest-paid workers. Earlier this week, Christie made headlines by saying he was "tired" of hearing about the minimum wage as a mid-term election issue. According to a Bloomberg News report, Perez noted that when it comes to a national minimum wage, the U.S. is a dismal third-from-dead-last among the 34 nations in the Organization for Economic Cooperation and Development, which includes the U.S., the United Kingdom, most Western European nations, Scandinavia, Mexico and Australia. "I mean, we suck,” Perez said. Minimum wage in New Jersey is now $8.25, a base rate that was hiked just this year, after voters passed a legislatively-referred... |
Friday, August 29, 2014
OSHA Fines Frost King $90K for Workplace Hazards
Workers willfully exposed to amputation hazards at Paterson, New Jersey, manufacturing facility
Film Pak Extrusion facing more than $90K in OSHA penalties
Workers at Film Pak Extrusion LLC were exposed to amputation and other safety and health hazards according to an investigation by the U.S. Department of Labor's Occupational Safety and Health Administration. The company's Paterson manufacturing facility has been cited for one willful and 12 serious workplace violations related to the dangerous conditions. The company manufactures products under the name Frost King, a well-known, do-it-yourself brand of supplies for contractors distributed in stores like Home Depot and Lowes throughout the United States. OSHA initiated the inspection in February and is proposing $90,300 in penalties.
"Machines left without required guards can cause catastrophic injury to workers, including amputation and death. One slip can end a worker's life or livelihood, and employers can prevent that," said Lisa Levy, director of OSHA's Hasbrouck Heights Area Office. "Film Pak Extrusion has a responsibility to put worker safety first."
OSHA inspectors cited the company with a willful violation, with a $56,000 penalty, due to a lack of machine guarding. According to the Bureau of Labor Statistics, approximately 9,000 New Jersey workers were injured* in the manufacturing industry during 2011, the most recent year with available data. BLS reported 8,200 New Jersey manufacturing workers were injured in 2010. The rate of incidents grew from 3.2 cases per 100 workers in 2010* to 3.6 in 2011*. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
Carrying $34,300 in penalties, serious violations were cited for the following:
An obstructed exit route
Lack of a lockout/tagout program
Powered industrial trucks not inspected prior to use
Lack of a hearing conservation program
Failure to conduct audiometric testing
Failure to provide hearing protection and training on hearing protection and noise hazards
Failure to maintain washing facilities
A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
Film Pak Extrusion has 15 business days from receipt of its citations and proposed penalties to comply, meet informally with OSHA's area director, or contest the findings before the independent Occupational Safety & Health Review Commission.
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.
Film Pak Extrusion facing more than $90K in OSHA penalties
Workers at Film Pak Extrusion LLC were exposed to amputation and other safety and health hazards according to an investigation by the U.S. Department of Labor's Occupational Safety and Health Administration. The company's Paterson manufacturing facility has been cited for one willful and 12 serious workplace violations related to the dangerous conditions. The company manufactures products under the name Frost King, a well-known, do-it-yourself brand of supplies for contractors distributed in stores like Home Depot and Lowes throughout the United States. OSHA initiated the inspection in February and is proposing $90,300 in penalties.
"Machines left without required guards can cause catastrophic injury to workers, including amputation and death. One slip can end a worker's life or livelihood, and employers can prevent that," said Lisa Levy, director of OSHA's Hasbrouck Heights Area Office. "Film Pak Extrusion has a responsibility to put worker safety first."
OSHA inspectors cited the company with a willful violation, with a $56,000 penalty, due to a lack of machine guarding. According to the Bureau of Labor Statistics, approximately 9,000 New Jersey workers were injured* in the manufacturing industry during 2011, the most recent year with available data. BLS reported 8,200 New Jersey manufacturing workers were injured in 2010. The rate of incidents grew from 3.2 cases per 100 workers in 2010* to 3.6 in 2011*. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
Carrying $34,300 in penalties, serious violations were cited for the following:
An obstructed exit route
Lack of a lockout/tagout program
Powered industrial trucks not inspected prior to use
Lack of a hearing conservation program
Failure to conduct audiometric testing
Failure to provide hearing protection and training on hearing protection and noise hazards
Failure to maintain washing facilities
A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
Film Pak Extrusion has 15 business days from receipt of its citations and proposed penalties to comply, meet informally with OSHA's area director, or contest the findings before the independent Occupational Safety & Health Review Commission.
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.
….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 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 occupational accidents and illnesses.
Wednesday, August 27, 2014
Preventing Heart Attacks in Firefighters
| Every year nearly 100 firefighters die on the job and one half of those deaths are from fatal heart attacks. These statistics remain consistent year in and out. The very nature of the job automatically puts them at a higher risk. “Being a firefighter, you never know when the bell is gonna ring, when the alarm is gonna sound. We basically go from 0 to 100 like that,” said Rich Mikutsky, vice president of the Firefighters Mutual Benevolent Association (FMBA). Doctors say it’s hard to pinpoint exactly why firefighters have some of the highest rates. But those in the business have a few ideas. “There’s the obvious weight of our equipment, our tools, our Scott Pack, but then there’s the other part of it where we start and stop quickly, ya know, at anytime at night when we could be at full rest we may have to get up and be at full speed,” said Paterson firefighter Kyle Hughes. Extended exposure to traumatic stress, both mentally and physically, boosts inflammation in the body, increasing the risk. Continuous disruptions to the sleep-wake cycle can lead to lower metabolic rates linked directly to heart failure. “Yesterday we had a big fire in Clifton. It started around 1 p.m. and we had a number of guys that suffered heat exhaustion, smoke inhalation, had to be taken to the hospital and fortunately everyone was all right but I saw a couple of them last night around 8 o’clock and they were exhausted.... |
Friday, August 22, 2014
Why More, Not Fewer, People Might Start Getting Health Insurance Through Work
| In an earnings call last week, Walmart announced that its workers were signing up for health insurance en masse. The news was bad for the company’s shareholders, since the added $500 million it will cost to cover them will eat into expected profits. But it also means that many more low-income families have health insurance now than did last year. The change didn’t come because of a more generous company policy. Walmart has long offered health insurance to its full-time workers for relatively low premiums — about $18 every two weeks for its lowest-paid workers. It came because many more workers decided to take advantage of the offer. It’s early yet to be sure of a strong trend, but the Walmart experience mirrors evidence from early polls and the historical experience of Massachusetts, which enacted a law similar to the Affordable Care Act in 2006. More people may be signing up for employer-based coverage than did before. When we talk about the effect of the Affordable Care Act on health insurance, we often focus on people who were shut out of the market before, either because a prior illness made insurance inaccessible to them or because a high premium put coverage out of their financial reach. What Walmart’s experience reminds us is that there were also uninsured people who simply chose not to buy coverage before there was a law requiring them to do so. Now they may be changing their minds.This increase, if it is permanent, is going to cost... |
Saturday, August 2, 2014
Trucker charged with vehicular homicide after alleged cellphone use led to fatal crash in Carlstadt
Today's post is shared from northjersey.com
In what authorities say is one of the first cases of its kind, a tractor-trailer driver who caused a fatal accident in Carlstadt two months ago has been charged with vehicular homicide and lying to police about using a cellphone at the time, authorities said Friday.
Henry Flores, 55, was making phone calls and operating the touch screen on his smartphone when his 1996 Kenworth truck slammed into the back of a vehicle slowing down for traffic in the southbound lanes on the New Jersey Turnpike just before 5 p.m. on June 9, authorities said. They said the crash led to a chain collision involving several vehicles.
Motorist Jeffrey Humphrey, 43, of Harrison — a musician and an audio engineer who had two daughters — was killed in the crash, and several others were injured, authorities said.
State Police said that Flores was arrested Thursday at his residence in Union City. However, Bergen County Prosecutor John Molinelli said Flores has been living in Netcong.
A little less than three months before the accident, Flores was ticketed on March 22 for driving while using a cellphone in Union City, according to state Motor Vehicle Commission records. His record shows a total of 19 driving violations, five in New Jersey, including operating while suspended, speeding, careless driving, and unsafe operation of a motor vehicle.
...
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In what authorities say is one of the first cases of its kind, a tractor-trailer driver who caused a fatal accident in Carlstadt two months ago has been charged with vehicular homicide and lying to police about using a cellphone at the time, authorities said Friday.
Henry Flores, 55, was making phone calls and operating the touch screen on his smartphone when his 1996 Kenworth truck slammed into the back of a vehicle slowing down for traffic in the southbound lanes on the New Jersey Turnpike just before 5 p.m. on June 9, authorities said. They said the crash led to a chain collision involving several vehicles.
Motorist Jeffrey Humphrey, 43, of Harrison — a musician and an audio engineer who had two daughters — was killed in the crash, and several others were injured, authorities said.
State Police said that Flores was arrested Thursday at his residence in Union City. However, Bergen County Prosecutor John Molinelli said Flores has been living in Netcong.
A little less than three months before the accident, Flores was ticketed on March 22 for driving while using a cellphone in Union City, according to state Motor Vehicle Commission records. His record shows a total of 19 driving violations, five in New Jersey, including operating while suspended, speeding, careless driving, and unsafe operation of a motor vehicle.
...
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Thursday, July 31, 2014
N.J. family denied workers' comp after mother died following 10 hours behind desk, high court rules
| The state Supreme Court today ruled that the husband of an AT&T manager who died from a blood clot after sitting at her desk for more than 10 hours one night is not entitled to workers' compensation benefits, overturning a decision by a lower court. Cathleen Renner, a mother of three, died in 2007 at age 47 from a clot in her lung about an hour after she finished working a sedentary, overnight shift at the computer in her home office in Edison, the ruling said. In 2011, a state appellate court upheld a lower judge's decision that Renner's condition — known as a pulmonary embolism — was caused by her work and that her husband, James, was entitled to benefits under New Jersey's workers' compensation law. Experts said the case of was the first of its kind that they can recall. But the Supreme Court voted 5-0 today to reverse that ruling, saying there wasn't enough evidence to prove Renner's work was to blame. "Cathleen read, took telephone calls, sent and received, emails, had conferences with her superiors and co-workers, and made decisions," wrote Judge Ariel A. Rodriguez, who is temporarily sitting on the court to fill a vacancy. "These responsibilities did not require her to remain in a seated position for long, uninterrupted stretches of time." Marty Richter, a spokesman... |
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 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 occupational accidents and illnesses.
Monday, July 7, 2014
Sugar Plant Removed Safety Device 13 Days before Temp Worker’s Death
 This tragic story is shared from .propublica.org and was done in collaboration with Univision. Inside the sugar plant in Fairless Hills, Pa., nobody could find Janio Salinas, a 50-year-old temp worker from just over the New Jersey border. Throughout the morning, Salinas and a handful of other workers had been bagging mounds of sugar for a company that supplies the makers of Snapple drinks and Ben & Jerry's ice cream. But sugar clumps kept clogging the massive hopper, forcing the workers to climb inside with shovels to help the granules flow out the funnel-like hole at the bottom. Coming back from lunch that day in February 2013, one employee said he had seen Salinas digging in the sugar. But when he looked back, Salinas was gone. All that remained was a shovel buried up to its handle. Then, peering through a small gap in the bottom of the hopper, someone noticed what appeared to blue jeans. It was Salinas. He had been buried alive in sugar. As harrowing as the accident was, federal safety investigators recently discovered something perhaps even more disturbing: A safety device that would have prevented Salinas' death had been removed just 13 days before the accident because a manager believed it was slowing down production. After a series of gruesome accidents involving untrained temp workers, the U.S. Occupational Safety and Health Administration (OSHA) has stepped up its enforcement of rules affecting temp workers. In recent cases, OSHA has held companies and temp agencies jointly responsible for training, and it... |
Sunday, July 6, 2014
Intersex fish found in Pennsylvania rivers spur search for chemicals
 Shocking finding about the association of chemical pollution and the sex of fish. Today's post is shared from latimes.com Pennsylvania's Department of Environmental Protection has begun an extensive sampling of chemical contaminants in response to the discovery of intersex fish in three of the state's rivers, a department spokeswoman said. Male fish carrying eggs were found in the Susquehanna, Delaware and Ohio river basins, a sign that the water may be tainted with chemicals, the U.S. Geological Survey found in research released Monday. Amanda Witman, a DEP spokeswoman, said the agency is testing two tributaries of the Susquehanna River: Juniata River and Swatara Creek. The USGS research said that two fish species, smallmouth bass and white sucker, were exhibiting intersex characteristics due to exposure to endocrine-disrupting chemicals — hormones and hormone-mimicking chemicals that caused the male fish to produce eggs. "The sources of estrogenic chemicals are most likely complex mixtures from both agricultural sources, such as animal wastes, pesticides and herbicides, and human sources from wastewater treatment plant effluent and other sewage discharges," said Vicki Blazer, a fish biologist and lead author of the USGS study.  Estrogenic chemicals disrupt the endocrine system, which regulates the release of hormones such as estrogen and testosterone. This interferes with the fish's ability to reproduce. Some of the compounds and contaminants found were new, and researchers had to develop new laboratory test procedures... |
Wednesday, July 2, 2014
NJ Senate Passes Law To Help Injured Workers
The NJ Senate took an historic step on Monday by passing legislation to assist injured workers navigate the workers' system and to level the playing field after decades of the erosion. By passing passing S374 the NJ Senate encourages attorneys to represent workers who suffered accidents and diseases arising out of their employment.
The century old NJ workers' compensation system was built on the premise of providing speedy and remedial benefits to workers who are injured as a result of an occupational injury or exposure. The system was theoretically a "promise" made by employers to provide an easier, quicker and faster administrative benefit program without the need to proceed with a claim in the litigious, expensive and complicated civil justice system.
The system was established to be a self-executing administrative system. It was to operate in an informal setting without the need for lawyers and litigation.
Unfortunately, over the decades, things became more complicated and complex. Denial and delay became a prevailing theme.
Exposures not envisioned in the original 1911 Act, ie. silicosis (and later asbestosis) were brought into the program to shield insurance carriers and employers from limitless compensatory and punitive damages from toxic exposure claims. This is revealed historically through New Jersey litigation, ie. "The Summer Simpson Papers," see Austin v Johns-Manville, corporate conspiracy.
Additionally, new and expensive treatment modalities/protocols, pharmaceutical regimens and wage equality, as well as other factors, increased costs to the compensation system.
The need increased over the decades for injured workers to have legal knowledgeable legal representation. The NJ Supreme Court recognized that need and established an attorney certification program.
In an effort to limit costs and exposures employers and their insurance carriers have attempted to make changes in the name of "reform" that calls for the reduction and/or elimination of legal representation by attorneys. Obviously if legal fees are eliminated then an injured worker has difficulty in finding a lawyer. Both the State of Florida and the State of California have utilized this tactic.
Senate Bill No. 374 is step forward to help injured workers and their families. While workers' compensation is a consequence of unsafe working conditions, the enactment of this law will hopefully add an economic incentive for employers to maintain safer working conditions. That will be a positive reform to the end of reducing workers' compensation costs overall.
The legislation passed by the NJ Senate will assist injured workers in gaining legal representation and reverses a tide to eliminate attorneys from the process. For decades employers and their insurance carriers have only made voluntary offers and tenders of disability payments after the appearance of an attorney on behalf of an injured worker in a matter. No legal fees were earned and attorneys barely got paid to handle the claim going forward.
Currently, legal fees are subject to the discretion of the Compensation Judge and are capped at 20% of the award, excluding voluntary (bona fide) tender and offers.
This legislation benefits injured workers and is an attempt to level the playing field. This legislation should be supported.
"The Senate Judiciary Committee reports favorably and with
committee amendments Senate Bill No. 374.
This bill, as amended, requires that in cases in which a workers’
compensation petitioner has received compensation from an insurance
company prior to any judgment or award, the reasonable allowance for
attorney fees will be based upon the sum of the amount of
compensation received by the petitioner prior to any judgment, but
after the establishment of an attorney-client relationship pursuant to a
written agreement, and the amount of the judgment or award in excess
of the amount of compensation already received by the petitioner.
Currently, in cases in which a petitioner has received compensation
prior to a judgment or award, a reasonable attorney fee is based upon
only that part of the judgment or award that is in excess of the amount
of compensation already received by the petitioner.
This bill was pre-filed for introduction in the 2014-2015 session
pending technical review. As reported, the bill includes the changes
required by technical review, which has been performed. "
The century old NJ workers' compensation system was built on the premise of providing speedy and remedial benefits to workers who are injured as a result of an occupational injury or exposure. The system was theoretically a "promise" made by employers to provide an easier, quicker and faster administrative benefit program without the need to proceed with a claim in the litigious, expensive and complicated civil justice system.
The system was established to be a self-executing administrative system. It was to operate in an informal setting without the need for lawyers and litigation.
Unfortunately, over the decades, things became more complicated and complex. Denial and delay became a prevailing theme.
Exposures not envisioned in the original 1911 Act, ie. silicosis (and later asbestosis) were brought into the program to shield insurance carriers and employers from limitless compensatory and punitive damages from toxic exposure claims. This is revealed historically through New Jersey litigation, ie. "The Summer Simpson Papers," see Austin v Johns-Manville, corporate conspiracy.
Additionally, new and expensive treatment modalities/protocols, pharmaceutical regimens and wage equality, as well as other factors, increased costs to the compensation system.
The need increased over the decades for injured workers to have legal knowledgeable legal representation. The NJ Supreme Court recognized that need and established an attorney certification program.
In an effort to limit costs and exposures employers and their insurance carriers have attempted to make changes in the name of "reform" that calls for the reduction and/or elimination of legal representation by attorneys. Obviously if legal fees are eliminated then an injured worker has difficulty in finding a lawyer. Both the State of Florida and the State of California have utilized this tactic.
Senate Bill No. 374 is step forward to help injured workers and their families. While workers' compensation is a consequence of unsafe working conditions, the enactment of this law will hopefully add an economic incentive for employers to maintain safer working conditions. That will be a positive reform to the end of reducing workers' compensation costs overall.
….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 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 occupational accidents and illnesses.
Saturday, June 14, 2014
Amazon Being Investigated for Worker’s Death at U.S. Warehouse
The Associated Press reported that the deceased is Jody Rhoads, a 52-year-old woman who was killed when machinery she was operating to move pallets crashed into shelving and pinned her.
“Our thoughts and prayers go out to Jody’s family and loved ones,” an Amazon spokeswoman said. “We are actively working with OSHA to investigate this tragedy.”
Separately, OSHA yesterday issued its findings on the investigation into the work conditions surrounding the death of 57-year-old Ronald Smith, who died in December after being crushed my machinery at a New Jersey sorting facility owned by Amazon but operated by a separate company.
Five companies were cited for violations related to Smith’s death, but Amazon wasn’t one of them. One was Genco, the logistics company hired by Amazon to manage the facility as well as four staffing agencies, including one called Abacus that employed Smith. The four staffing agencies each face penalties of $6,000 — yes, only $6,000 — for “failure to perform a hazard assessment of the facility before assigning employees to determine if hazards existed.”
Genco is also facing a $6,000 penalty for failing to confirm that...
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Monday, April 28, 2014
US EPA Seeks Input About Lead Contamination in Public and Commercial Buildings
The U.S. Environmental Protection Agency (EPA) is inviting small businesses to participate as consultants for a Small Business Advocacy Review (SBAR) Panel as the agency considers steps to reduce lead based paint exposure from the renovation, repair, and painting of public and commercial buildings as required by section 402(c)(3) of the Toxic Substances Control Act (TSCA).
The SBAR Panel is being established pursuant to the Regulatory Flexibility Act, and will include representatives from the Small Business Administration (SBA), the Office of Management and Budget (OMB), and EPA. The Panel will ask a selected group of Small Entity Representatives (SERs) to provide advice and recommendations on behalf of their company, community, or organization to inform the Panel on impacts of a proposed rule on small entities involved in the renovation, repair, and painting of public and commercial buildings. SER panelists may participate via telephone or webinar, as well as in person.
EPA seeks self-nominations directly from the small businesses, small governments and small organizations that may be subject to the rule requirements to facilitate the selection of SERs. An entity is eligible to be a SER if it will be directly subject to the particular proposed regulation under development and meets one of the SBA’s definitions http://www.sba.gov/content/table-small-business-size-standards
to qualify as a small entity.
EPA encourages the actual owners or operators of small businesses, community officials, and representatives of non-profit organizations to participate in this process. However, a person from a trade association that exclusively or primarily represents potentially regulated small entities may also serve as a SER.
Self-nominations may be submitted through the link below and must be received by May 9, 2014.
To nominate yourself, visit: How can I get Involved: http://www.epa.gov/rfa/lead-pncb.html
The SBAR Panel is being established pursuant to the Regulatory Flexibility Act, and will include representatives from the Small Business Administration (SBA), the Office of Management and Budget (OMB), and EPA. The Panel will ask a selected group of Small Entity Representatives (SERs) to provide advice and recommendations on behalf of their company, community, or organization to inform the Panel on impacts of a proposed rule on small entities involved in the renovation, repair, and painting of public and commercial buildings. SER panelists may participate via telephone or webinar, as well as in person.
EPA seeks self-nominations directly from the small businesses, small governments and small organizations that may be subject to the rule requirements to facilitate the selection of SERs. An entity is eligible to be a SER if it will be directly subject to the particular proposed regulation under development and meets one of the SBA’s definitions http://www.sba.gov/content/table-small-business-size-standards
to qualify as a small entity.
EPA encourages the actual owners or operators of small businesses, community officials, and representatives of non-profit organizations to participate in this process. However, a person from a trade association that exclusively or primarily represents potentially regulated small entities may also serve as a SER.
Self-nominations may be submitted through the link below and must be received by May 9, 2014.
To nominate yourself, visit: How can I get Involved: http://www.epa.gov/rfa/lead-pncb.html
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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 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 occupational accidents and illnesses.
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