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New Jersey Workers' Compensation Blog

Pre-existing conditions tied to previous workers' comp claims

Most New Jersey workers have health complaints. Just because you're going to your job day in and day out doesn't mean you're perfectly healthy. However, what happens to a worker when he or she has a prior health compliant caused by a previous job, and it's made worse by his or her current job?

Imagine, for example, that your bum knee or bum back gets so bad that you can't work anymore, but technically, you already had that injury before taking on your current job? Injuries like this are known as "pre-existing conditions."

4 categories of victims in premises liability cases

In premises liability law -- when it comes to a slip-and-fall accident -- there are four categories of accident victims. Accident victims may be categorized as invitees, social guests, licensees or trespassers. Here's what these terms mean:

  • Invitees: An invitee gets invited to a property in order to make a purchase or be a customer of a business. When a business owner has a customer on his or her property, the "invitee" has the legal right to expect safe premises. In fact, the property owner has an obligation and duty to maintain the premises in such a way that the property is free of tripping hazards and other potential dangers.
  • Licensees: A licensee goes onto a property with the owner's consent, but only for the licensee's own purposes. Perhaps the licensee enters the property in order to set up a portable or permanent shop. Or, the licensee may enter the property merely as someone who wishes to enjoy him- or herself there.
  • Social guests: Social guests enter the property with the permission of the owner, perhaps to attend a party or another kind of social gathering.
  • Trespassers: Trespassers go onto a property without the permission of the owner or manager. In cases that involve trespassers no implied promise exists that the property owner must keep the premises safe for would-be trespassers. Nevertheless, in some rare cases, property owners might be liable for a trespasser's injuries.

 

Workers' compensation: The legal definition of an employee

Employers and employees in New Jersey should learn the exact definition of "employee." This will ensure that workers know their rights and protections in terms of an on-the-job injury.

If, for example, you are not a legal "employee," then you will not be able to receive workers' compensation benefits in the event of a work-related injury. Workers need to educate themselves on their rights in this regard so that they are prepared with appropriate health insurance if they are not covered by their employers' workers' compensation insurance.

Examples of 3 common workers' compensation cases

Any New Jersey worker can suffer an on-the-job injury. In most of these cases, when the injuries are serious enough to require medical care, the worker can get workers' compensation benefits to cover the costs associated with that care. In some cases, a workers' compensation lawyer is necessary to help injured employees seek the benefits they deserve.

Workers' compensation lawyers also help workers with the following types of cases:

Boxing champion killed at New Jersey construction site

Ex-heavyweight boxing champion David Bey died at a New Jersey construction site last week. According to the Occupational Safety and Health Administration (OSHA), the 60-year-old man was hit by a flying fragment of metal at a Camden real estate development project. Unfortunately, he didn't survive the incident.

A union representative from Local 179 of the Northeast Regional Council of Carpenters described Bey as a "second generation pile driver," and said that Bey had worked in the business for 37 years. According to the union's communications director, the ex-boxer was always a gentleman and very kind. They also said he was a devout man of God and he liked to listen to scriptures.

Teen dies after falling at a New Jersey construction site

A teenage boy who was helping at a New Jersey construction site fell to his death last week. The boy, a 15-year-old, who was volunteering at the Hindu temple BAPS Shri Swaminarayan Mandir, fell about 45 feet to the ground from the ceiling of the temple.

Emergency responders rushed to the scene of the accident, and they performed CPR on the boy. They took him to the Robert Wood Johnson University Hospital, but doctors were unable to save him. Doctors pronounced him dead about an hour after they arrived at the medical facility.

Injured employee wins $1.5 million verdict

A New Jersey worker was injured in a 2012 accident that involved falling off a ladder. The worker, now 38 years old, was at a Piscataway construction site when he fell from the ladder onto a concrete floor.

The 10-foot fall left him with long-term injuries. The man's ruptured Achilles tendon and a fractured elbow had substantial impacts on his life.

Energy Employees Occupational Illness Compensation Program Act

The Energy Employees Occupational Illness Compensation ACT (EEOICPA) has been in effect since October 2000. Part B of this act went into effect in August 2001. Part B's mission has been to offer workers' compensation to Department of Energy (DOE) employees. Current and former employees of the DOE, its predecessors and some of the DOE's contractors, subcontractors and vendors are covered by this plan if they contract work-related illnesses.

The illnesses covered by Part B of the EEOICPA include illnesses related to:

  • Beryllium sensitivity
  • Chronic silicosis
  • Adiogenic cancer
  • Chronic beryllium disease
  • Certain illnesses resulting from exposure to radiation, beryllium or silica

2 employees succumb to toxic gases at power plant

Two workers in a neighboring state have died after being exposed to toxic fumes. The workers were employed at a power plant in Pennsylvania when they inhaled toxic gases. The gases were released into a pit underground where the workers were located along with fellow employees. Several others also suffered injuries related to the incident.

The injured workers were in a well-type area when the accident happened a little before 1 a.m. on a recent Wednesday. They had just removed the piping from an elbow joint, which resulted in the release of hydrogen sulfide gas. Because it was a confined space, there wasn't adequate ventilation for the gas to escape.

Older New Jersey workers have a higher risk of fatal accidents

The longer we do our jobs, the older we get. For older New Jersey workers, there is a higher risk of death. According to a new study that looked at workplace death statistics throughout the nation, older workers have a higher chance of dying on the job.

The Associated Press revealed in a recent analysis that death statistics for workers in the United States have decreased overall, but older workers have a higher risk of death. This fact is alarming considering that many baby boomers have decided to delay retirement and continue working beyond the age of 65.

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Law Office of Jack L. Stillman, P.A.
112 Craig Road
Manalapan, NJ 07726

Phone: 732-333-8942
Fax: 732-462-7041
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