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

Monday, November 12, 2012

NJ Provides Workers' Compensation For Hurricane Recovery Employees

West Long Branch, N.J., Nov. 9, 2012 --In West Long Branch, electrical repair trucks stand ready in the night to be utilized during the next shift to continue the huge job of restoring power to the thousands in the state still without. FEMA is working with state and local agencies to expedite the return of normalcy after the devastation of Hurricane Sandy. Photo by Sharon Karr/FEMA
As Hurricane Sandy recovery workers descend on NJ by land, sea and airlift, by the thousands, energized and fueled by caffeine, to work long and tiring hours, to do treacherous and hazardous tasks, they need to understand that they maybe covered under the New Jersey Workers' Compensation Act for potential benefits.

 The NJ Workers' Compensation Act is clear, if the accident occurs in the State of NJ then then the injured worker is covered and entitled to benefits. THe benefits are: temporary disability, medical treatment and permanent disability. 

 Injured workers must comply with certain notice provision and should consult an attorney at law for guidance.

 "In addition to the many thousands of utility workers, more than 280 troopers from eight states deployed last weekend to New Jersey to provide security at checkpoints and patrols in Monmouth County from the Bayshore area to Brielle, and in Ocean County on the barrier islands from Point Pleasant Beach to Long Beach Island."
 Click Here to Read: "Sandy recovery becomes national mission as countless workers come to N.J.'s aid" (nj.com)
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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).  

Read More About Hurricane Sandy
Workers' Compensation: Hurricane Sandy Relief: US Resources
Nov 06, 2012
Safety is a primary issue when you're recovering from a disaster. Follow these tips to help ensure your safety and cope with the disaster. If you aren't able to return home, states, tribes, localities, and the Red Cross continue to ...
http://workers-compensation.blogspot.com/
Workers' Compensation: NJ Hurricane Sandy Resources: Food ...
Nov 05, 2012
NJ Hurricane Sandy Resources: Food, Water, Fuel, Hotels and Pharmacies. The NJ Regional Operational Intelligence Center has now posted a list of resources for victims suffering from Hurricane Sandy. FOOD Type Address ...
http://workers-compensation.blogspot.com/
Deadly Asbestos Exposure Threat Left by Hurricane Sandy
Nov 04, 2012
The path of destruction to buildings caused by hurricane Sandy has created a potential threat of deadly asbestos exposure. Many structures destroyed and damaged by the storm contained asbestos fiber and those were ...
http://workers-compensation.blogspot.com/
Workers' Compensation: Sandy Interrupted
Nov 01, 2012
We in New Jersey suffered devastating effects from Hurricane Sandy. The storm left a trail of decimation equivalent to the creation of a war zone, and some of most treacherous rescue and recovery situations ever imagined.
http://workers-compensation.blogspot.com/

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Friday, November 9, 2012

In Honor of Our Veterans - Veterans Day 2012

Changing of The Guard Ceremony
Arlington National Cemetary
(c) Jon L. Gelman

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Our Journey Forward on Occupational Medical Care

President Barack Obama
On Tuesday, the American people expressed its support for a unified medical care program that will embrace all aspects of life, including industrial accidents and diseases.  They validated, as did the Supreme Court, the coverage afforded those who have suffered from industrial pollution such as the deadly asbestos exposures that occurred in Libby Montana (“Libby Care”).

Going forward it is imperative that a universal medical program be established to provide medical treatment for  all work-related occupational injuries and exposures. The delay and denial of medical benefits to those who suffer from industrial illness must be cured.

“America has never been about what can be done for us. It’s about what can be done by us, together, through the hard and frustrating but necessary work of self-government. That's the principle we were founded on.”
— President Barack Obama, November 7, 2012

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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).  

Read more about Universal Medical Care – The “Libby Care” Prototype
Workers' Compensation: Libby Care Launches - Center for Asbestos ...
Apr 03, 2010
The recent health care reform legislation provided for the Libby Care which will provide universal medical care for victims of asbestos related disease. The plan is a pilot program for occupational disease medical care fully ...
http://workers-compensation.blogspot.com/
Workers' Compensation: Libby Care Program Begins Enrollment ...
May 19, 2010
The “Libby Care” provisions, and its envisioned prodigies, will embrace more exposed workers, diseases and geographical locations, than any other program of the past. Potential pilot programs will now be available to ...
http://workers-compensation.blogspot.com/
Workers' Compensation: The Health Reform Act Charts a New ...
Apr 12, 2010
The “Libby Care” provisions, and its envisioned prodigies, will embrace more exposed workers, diseases and geographical locations, than any other program of the past. Potential pilot programs will now be available to ...
http://workers-compensation.blogspot.com/

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Thursday, November 8, 2012

OSHA cites New York contractor for exposing workers to fall and other hazards

RCP Services Inc. of Saratoga Springs, N.Y., has been cited by the U.S. Department of Labor's Occupational Safety and Health Administration for nine safety violations while performing concrete work at a residential apartment complex on Big Island Drive in Jacksonville. An inspection was initiated in August after an OSHA inspector observed employees working without fall protection. Proposed penalties total $47,000.

One willful violation is for allowing employees to work on elevated surfaces without fall protection. The citation carries a $35,000 penalty. 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.

Eight serious violations involve exposed and protruding rebar, a lack of eye and face protection, using a welding cable that required repair, using a damaged extension cord, exposing workers to falling objects, not maintaining fire extinguishing equipment and having unprotected holes in the floor that could cause workers to trip or fall. The citations carry $12,000 in penalties. 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.

"Falls are the leading cause of death for workers in residential construction," said Brian Sturtecky, OSHA's area director in Jacksonville. "Employers must take responsibility for ensuring that workers have and wear proper equipment at all times."

OSHA has created a fall prevention Web page – http://www.osha.gov/stopfalls – with detailed information in English and Spanish on fall protection standards. The page offers fact sheets, posters and videos that vividly illustrate various fall hazards and appropriate preventive measures.

OSHA and the National Institute for Occupational Safety and Health are working with trade associations, labor unions, employers, universities, community and faith-basedorganizations, and consulates to provide employers and workers – especially vulnerable, low-literacy workers – with education and training on common-sense fall prevention equipment and strategies that save lives.

RCP Services specializes in tunnel form construction. The company has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.
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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 3 decades theLaw Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.comhave been representing injured workers and their families who have suffered occupational accidents and illnesses.

Read more about OSHA
Workers' Compensation: OSHA urges hurricane recovery workers to ...
Nov 05, 2012
"Storm recovery workers are working around the clock to clean up areas impacted by the storm," said Robert Kulick, OSHA's New York regional administrator. "We want to make sure that workers are aware of the hazards...
http://workers-compensation.blogspot.com/
Workers' Compensation: OSHA cites Jersey City, NJ, company for ...
Sep 21, 2012
Forklift injuries produce serious workers' compensation claims, so it is no surprise that the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is acutely concerned about forklift safety rule ...
http://workers-compensation.blogspot.com/
OSHA Cites Employers for Exposing Workers to Asbestos
Sep 14, 2012
"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 ...
http://workers-compensation.blogspot.com/
OSHA proposes $82500 in fines to chemical manufacturer
Aug 18, 2012
OSHA initiated its March investigation in response to a complaint and also as part of the agency's national emphasis program on process safety management for covered chemical facilities. Proposed penalties total $82,500.
http://workers-compensation.blogspot.com/
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Asbestos Exposure Occurs When Old Pipe Bursts

The nation's crumbling infrastructure continues to cause workers to be exposed to deadly abestos fiber. Today in Boston a steam pipe burst near Boston City Hall exposing the population to cancer causing asbestos fiber.

Asbestos continues to be a major health hazard since it remains in construction material exposuing workers to potential latent disease such as: asbestosis, lung cancer and mesothelioma. The US has yet to ban asbestos.

While hazmat workers rushed to the scene in an attempt to contain and repair the leak, the accident exemplies the need for workers to continue to be educated about safety proceedures in handling asbestos fiber.

The workers' compensation and civil justice system continues to be available for those who have been exposed and require medical surveillance. Exposed individuals need to take action within a prescribed time period after an exposure and should consult with an attorney at law for guidance inorder to protect their rights under the law.
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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 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 occupational accidents and illnesses.

Read More About Asbestos
Workers' Compensation: Deadly Asbestos Exposure Threat Left by ...
Nov 04, 2012
The path of destruction to buildings caused by hurricane Sandy has created a potential threat of deadly asbestos exposure. Many structures destroyed and damaged by the storm contained asbestos fiber and those were ...
http://workers-compensation.blogspot.com/

NJ Company Found Guilty of Dumping Asbestos into Wetlands in ...
Oct 18, 2012
Workers continue to be exposed to asbestos during removal and abatement projects. It is imperative that asbestos be removed in a safe and prescribed manner to avoid any unnecessary disease and illness. Merely "dumping" ...
http://workers-compensation.blogspot.com/

OSHA Cites Employers for Exposing Workers to Asbestos
Sep 14, 2012
"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 ...
http://workers-compensation.blogspot.com/

Asbestos Ban In Canada Gets Boast - Parti Quebecois Wins Election!
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 .
http://workers-compensation.blogspot.com/

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Workers’ Compensation Is About Relationships

Today's post comes from guest author Ryan Benharris (MA) from Deborah G. Kohl Law Offices.

Prevention of accidents should be the first step in establishing a successful workers’ compensation system. If an employer were truly concerned about the health and safety of the employee there would be no need for workers’ compensation.

Unfortunately the profit motive of the employer sometimes corrupts the process, and shortcuts are taken at work to increase production at an anticipated lower cost to the employer.

Employers need to understand that the human and financial costs of industrial accidents and exposures can be devastating. Injured workers, through the workers’ compensation process, may seek the payment of medical benefits, lost time payments and permanent disability awards. 

Hopefully, the relationship between employees and employers can improve, and the workplace can become a safer environment.
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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 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 occupational accidents and illnesses.

More About Workers' Compensation and Medical Benefits

National Analysis of Workers Compensation Medical Benefits
Jul 30, 2011
The just published, Issue 3 of the Workers' Compensation Resources Research Report (WCRRR) provides 23 years of information on cash benefits, medical benefits, and total (cash plus medical) benefits per 100,000 workers ...
http://workers-compensation.blogspot.com/
Workers' Compensation: Health Benefits, US Supreme Court and ...
Mar 21, 2012
The implementation of the Act will ultimately have far reaching consequences of the overall operation of both the delivery of workers' compensation medical benefits and the ultimate assessment/apportionment of permanent ...
http://workers-compensation.blogspot.com/
Workers' Compensation Medical Benefits are in Critical Condition
Nov 13, 2008
Now that Barach Obama is a going to be at the helm of the US, greater attention is being focused on the need for a national health care system incorporating workers' compensation medical coverage. With private insurance ...
http://workers-compensation.blogspot.com/
Pensions, Workers Compensation and Medical Benefits
Aug 29, 2011
The medical issue remains open usually and medical benefits remain the responsibility of the employer. The medical issue becomes a complication when costs are attempted to be shifted to collateral medical carriers or ...
http://workers-compensation.blogspot.com/

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Tuesday, November 6, 2012

Hurricane Sandy Relief: US Resources


Get Help

Health and Safety

Safety is a primary issue when you're recovering from a disaster. Follow these tips to help ensure your safety and cope with the disaster. If you aren't able to return home, states, tribes, localities, and the Red Cross continue to operate emergency shelters along the East Coast. Here's how to find shelter:
  • Stay informed about the federal public health response and recovery effort, food and water safety, preventing disease and injury, safe clean-up, sanitation, and mental health resources.
  • Monitor conditions in your area; find shelter; and let others know you are safe, with the Red Cross Hurricane App.
  • Download the FEMA app to find a map with open shelters and open FEMA Disaster Recovery Centers.
  • Call the Red Cross at 1-800-RED-CROSS (1-800-733-2767).
  • Search for shelters via text message: text: SHELTER and your ZIP code to 43362 (4FEMA). For example: Shelter 01234 (standard rates apply).
  • Check local news media outlets.
Responders: People working on clean-up and helping disaster survivors also need to be concerned about their health and safety. The Department of Labor offers technical assistance and resources to help protect the occupational safety and health of workers in disaster areas.
Cancer patients can have can have weakened immune systems and may be at higher risk for infections, bleeding, fatigue, and injury. Call 1-800-4-CANCER (1-800-422-6237) to learn where to receive care if a disaster event disrupts care or displaces patients.

Find Family and Friends

  • Red Cross Safe and Well List  – During a disaster, register yourself as "safe and well" so that family and friends know of your well-being. You can also use the database to search for missing loved ones.
  • Next of Kin National Registry  – Register with, or search, this emergency contact system if you or your family member is missing, injured, or deceased.
  • International Evacuees and Foreign Nationals  – If you are a tourist or other foreign national and cannot reach family members directly, contact your consulate.

Donate and Volunteer

Donate Blood –  caused the cancellation of hundreds of Red Cross blood drives, resulting in a shortage of blood and platelets.
Cash donations are very useful in situations where supplies must be acquired quickly. This is the most efficient way to make an impact with your donations. If you need help in determining who to give to, the National Voluntary Organization Active in Disaster website has a list of major nonprofits that are active in disaster work or you can make your offer through the National Donations Management Network.
Volunteer - Affiliate with existing non-profit organizations before going to the disaster area. Immediately following a disaster, a community can become easily overwhelmed by the amount of generous people who want to help. Contacting and affiliating with an established organization will help to ensure that you are appropriately trained to respond in the most effective way. Be patient: Recovery lasts a lot longer than the media attention. There will be volunteer needs for many months.

Find Volunteer Opportunities


Additional Federal Government Resources

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