New Jersey Injury Lawyer & Attorney : Law Offices of Scott D. Grossman : Serving Monmouth County, Bergen County

A 58-year-old construction worker from Passaic County was killed in an excavator accident in Monmouth County on Monday afternoon. Juan Rivera was run over by an excavator while he was working at a house in Holmdel.  The house was being renovated after it suffered extensive damage in a fire last year.  Rivera and another worker from Teaneck, Bergen County were involved in the installation of a septic system. The Teaneck worker was in charge of operating an 11 ton hydraulic excavator. According to police, it appears that the operator was backing up the excavator when Rivera walked right behind it. Both men were employed by a Franklin Lakes, Bergen County landscaping company.

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Eerily timely in the wake of the Utah Mine tragedy, Governor Jon Corzine recently signed a new law increasing fines for violating New Jersey mine safety laws. The old law carried penalties ranging from $25 to $500. Under the new legislation, the first offense will be $2,500, then up to $5,000 for a second offense and up to $10,000 for a third and subsequent offenses. Additionally, there will be a a fine of up to $25,000 for any violation resulting in serious bodily injury. New Jersey has roughly 200 working mines and 400 vacant mines. The new legislation, A-3937/S-2386, was sponsored in the Assembly by Assemblyman Fisher (D-Salem/Cumberland/Gloucester). It was sponsored in the Senate by Senator Sweeney (D-Salem/Cumberland/Gloucester).

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A federal jury recently awarded an Iowa man $10 million for emotional distress and pain and suffering after ruling that his employer's insurance carrier acted in bad faith in denying his claim for benefits from a back injury.

The plaintiff, Kris Zimmer, a computer technician for Norwest Financial, injured his back while bending over to pick up dropped papers. He was diagnosed with severe back pain, but his worker's compensation claim was denied by Travelers Insurance Company. Travelers argued that that Mr. Zimmer had a history of back problems that included at least two prior surgeries and that the injury worsened his pre-existing psychological conditions. But the jury didn't buy Travelers' argument. A decision regarding punitive damages is still pending. Read about it here.

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The New York State Senate and Assembly just passed legislation with the intent of  significantly reforming the state's workers' compensation system.  Read the more here.

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A new survey whose results were published in the March issue of Pediatrics found that millions of American teenagers are working in dangerous environments, performing unsafe tasks in violation of the law and without proper training or supervision.

Among teens surveyed who worked in the service or retail industries, 52 percent of boys and 43 percent of girls reported working with hazardous equipment such as slicers, paper-balers and box-crushers. Meanwhile, 37 percent of those under 16 reported working past 7 p.m. on school nights, which is illegal.  Click here to read more.

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On February 19, 2007, the legislation recognizing same-sex civil unions went into effect in New Jersey (N.J.S.A. 37:1-28). While the statute does not amend the Workers' Compensation Act, it does state that civil union couples must receive the same benefits as married couples with respect to workers' compensation benefits.  

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Laws passed by the state require that your employer, or your employer's insurance company, compensate you, or your family, for injuries or death that may occur while you are working. You may be entitled to:

Weekly benefits while you are temporarily totally disabled and unable to work.

Payment of your medical expenses.

Weekly payments or a lump sum payment for partial or total disability resulting from a work related injury.

What should you do if you areinjured?

You should report the injury immediately to your employer. If you cannot reach an agreement with your employer or their insurance carrier, as to what benefits or medical expense payments you are entitled to, you can file your claim with the Industrial Commission. Contact The Law Offices of Scott D. Grossman, LLC for your free, confidential consultaion at (732) 625-9494 or toll free at (888) 899-9494.

 

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Each year thousands of construction workers are injured or killed in construction site accidents. Even though construction companies are typically obligated to inspect each site with safety engineers and provide safety programs, accidents still occur.

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