An employee's first day of work at a southern New Jersey manufacturing facility ended tragically when he suffered the amputation of three fingers while operating a press brake without required safety guards, similar to violations cited by federal safety investigators at the facility in 2010 and 2015.
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Monday, May 22, 2023
Wednesday, January 11, 2023
OSHA: America Airlines Fined for Retaliating Against Worker Who Reported Hazardous Fumes in Cabin
Federal safety and health investigators have determined that one of the nation's largest airlines retaliated against flight attendants who reported worker illnesses caused by toxic fumes entering aircraft cabins.
Wednesday, November 9, 2022
Work-Related Respiratory Disease Rate Soars
The decline in injury and illness cases was due to a drop in illness cases, with private industry employers reporting 365,200 nonfatal illnesses in 2021, down from 544,600 in 2020, a drop of 32.9 percent. This decrease was driven by a 37.1 percent decrease in employer-reported
respiratory illness cases in 2021 at 269,600, down from 428,700 in 2020. (See chart 2.) In 2019, there were 127,200 illness cases and 10,800 respiratory illness cases. Total reported injury cases increased by 6.3 percent to 2.2 million cases in 2021, up from 2.1 million cases in 2020. (See chart 1.)
The rate of injury cases increased in 2021, with private industry employers reporting a rate of 2.3 cases per 100 FTE workers compared to 2.2 cases in 2020. Over the same period, the rate of illness cases decreased from 55.9 cases per 10,000 full-time equivalent (FTE) workers to 37.7 cases. The decrease was driven by the drop in the respiratory illness rate, which fell from 44.0 cases per 10,000 FTE workers to 27.8 cases.
Occupational injuries and illnesses collected in the 2021 SOII include cases of COVID-19 when a worker was infected as a result of performing their work-related duties and met other recordkeeping criteria. COVID-19 is considered a respiratory illness under criteria established by the Occupational Safety and Health Administration (OSHA).
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.
Thursday, October 20, 2022
Paterson NJ Employers Face $518K in OSHA Fines
The U.S. Department of Labor has issued citations to three New Jersey contractors who willfully exposed employees to potentially lethal dangers by allowing them to work near energized power lines at a Paterson worksite.
Thursday, October 13, 2022
A Cautionary Note on Citing Unpublished Decisions
Attorneys should be careful about citing unpublished decisions to support their legal arguments. Overzealous advocacy of citing such decisions as an authority is frowned upon by the reviewing tribunals.
Tuesday, October 11, 2022
Rehabilitation, recognition and research needed for people living with long COVID
While most people who develop COVID-19 fully recover, it is estimated that 10–20% go on to develop what is now known as long COVID. This condition involves a variety of mid- and long-term symptoms such as fatigue, breathlessness and lack of mental focus. While the science behind long COVID is still unclear, a new WHO/Europe factsheet collects existing evidence on the condition and its often-debilitating effect on people’s lives.
Saturday, October 8, 2022
Occupational Exposure to Monkeypox
A recent report published by the US Centers for Disease Control and Prevention [CDC] provides evidence supporting the hypothesis that both health care workers’ [HCW] infections observed in this study were transmitted through fomite exposure with surfaces in the patient’s home, their own PPE, or outer surfaces of the specimen transport box.
Friday, October 7, 2022
New Fee Rules for Obtaining Medical Records
A new law has been enacted that amends the current law concerning the fees that may be charged for copies of medical and billing records by hospitals and by health care professionals licensed by the Board of Medical Examiners. Obtaining medical records in Workers’ Compensation actions is a standard claim and litigation procedure.
Wednesday, October 5, 2022
Temporary Workers Bill of Rights Passed by NJ Assembly
The New Jersey State Assembly concurred with Governor Pat Murphy's recommendations contained in his conditional veto of the temporary workers’ bill of rights bill. A1474 . The revised legislation was passed by the Assembly in a 41-20-3 vote. It was received in the NJ Senate and listed for a 2nd reading and concurrence.
Friday, September 30, 2022
NJ CRIB Submits Rate Decrease for 2023
The NJ Compensation and Rating Bureau (NJCRIB) submitted a filing to the Department of Banking and Insurance seeking a 4.7% decrease in the overall premium and rate level effective January 1, 2023.
Wednesday, September 28, 2022
Historic $7.75M Settlement of NJ Child Labor Law Violations with Chipotle Mexican Grill
New Jersey Department of Labor and Workforce Development (NJDOL) Commissioner Robert Asaro-Angelo and Attorney General Matt Platkin announced today that they have reached an agreement with Chipotle Mexican Grill to resolve alleged widespread and persistent violations of the state’s child labor laws. Under today’s groundbreaking settlement with NJDOL, the popular fast-food restaurant chain will pay $7.75 million, and has agreed to a far-reaching compliance plan for its 85 New Jersey locations aimed at putting an end to these practices.
Saturday, September 24, 2022
New Jersey Cannabis Regulatory Commission issues guidance for workplaces
The New Jersey Cannabis Regulatory Commission has issued guidance for workplaces as a first step toward formulating and approving standards for Workplace Impairment Recognition Expert certifications.
Friday, September 16, 2022
Establishing Causal Relationship: Long COVID Biomarkers
Identifiable biomarkers may provide objective evidence in proving a Long COVID claim. A recent report highlights developments in identifying the risk of Long COVID through immune profiling.
Thursday, September 15, 2022
US Supreme Court Asked to Review PREP Act Immunity
The US Supreme Court [SCOTUS] has been asked to review whether the PREP Act [The Public Readiness and Emergency Preparedness (PREP) Act of 2005, 42 U.S.C. §§ 247d-6d, 247d-6e] pre-empts a claim for willful misconduct,
Wednesday, September 14, 2022
Uber Pays $100M Fine in NJ Driver Misclassification Case
Uber Technologies Inc. and a subsidiary have submitted a $100 million payment to the New Jersey Department of Labor and Workforce Development’s (NJDOL’s) Unemployment Trust Fund after an audit found the ride-share companies improperly classified hundreds of thousands of drivers as independent contractors, depriving them of crucial safety-net benefits such as unemployment, temporary disability, and family leave insurance, and failed to make required contributions toward unemployment, temporary disability, and workforce development.
Tuesday, September 13, 2022
CMS Expands Options for Defense Submissions for CRCP
Commercial Repayment Center Portal (CRCP) Defense Submission Frequently Asked Questions
Recently a change was made to the portal that allows CRCP users to associate defenses to the individual claims included in recovery demands. This more granular response to demands, where Group Health Plans (GHPs) specify the basis of defense submissions, allows for more efficient and accurate reviews of the submitted defenses. What follows are answers to frequently asked questions received by the Commercial Repayment Center (CRC) in regard to this change. Additional details on the functionality are available in Version 3.2 of the CRCP User Guide, which is available in the “Reference Materials” section of the CRCP.
Monday, September 12, 2022
Dual Employment and the Proposed NLRB Joint-Employer Standard
Workers’ compensation claims may be pursued against two companies if there is found to be joint employment. While case law defines employment status, the US National Labor Relations Board has issued a proposed Rule to substantiate a dual employer status.
Wednesday, September 7, 2022
NJ Workers’ Compensation Benefit Rates Increase in 2023
The New Jersey Department of Labor and Workforce Development (NJDOL) announced increases in the maximum benefit rates for Workers’ Compensation for the calendar year 2023.
Monday, September 5, 2022
Top 10 Workplace Safety and Health Violations
The following is a list of the top 10 most frequently cited standards following inspections of worksites by federal OSHA for all industries. OSHA publishes the list to alert employers about these commonly cited standards so they can take steps to find and fix recognized hazards addressed in these and other standards before OSHA shows up. Far too many preventable injuries, illnesses, and deaths occur in the workplace that are related to these top 10 cited standards.
Sunday, September 4, 2022
Use of Opioid Settlement Funds in NJ
As part of the Murphy Administration’s ongoing efforts to help New Jerseyans impacted by the opioid crisis, and in recognition of Overdose Awareness Day, Governor Phil Murphy announced additional steps the Administration is taking in New Jersey. Through a new online portal and Executive Order No. 305, the Governor has established two methods through which members of the public and relevant stakeholders can provide their input on the best use of the opioid settlement funds that New Jersey is receiving.