Tuesday, April 16, 2013

NJ School Bus Driver Injured Off-Premises, Still Entitled to Workers’ Comp

Walesca Benvenutti, a NJ school bus driver, was required to clean the bus interior and inspect the seatbelts after her morning and afternoon runs. There was no specific time that she had to clean the bus. If she wanted to, she could have cleaned it off-premises.

So that’s exactly what she did. In June of 2010, Benvenutti parked the bus in front of her house after dropping the kids off at school. She swept the bus floor and inspected the seatbelts. As she was walking off the bus, she tripped over a piece of rubber mat, fell, and broke her ankle.

The Judge of Compensation reviewed Benvenutti’s testimony and determined that her injuries were compensable. This means she would be entitled to fully paid medical care, wage compensation, and a cash settlement for her injuries.

As shown in this case, the definition of “employment” can include situations where the employee is required to perform his or her job duties while off-premises.

If you were off-premises during the time of your NJ work accident, don’t assume that you are not entitled to compensation. You may want to call a Morristown workers’ comp lawyer to help you understand your rights and legal options. Manfred Ricciardelli has been representing injured workers in NJ for over 20 years. He knows how these cases work and will fight to get you the benefits you need.

For a free consultation, call 973-285-1100 or fill out our online contact form today. If you hire us to represent you, you don’t pay us unless we win your case. You can also download our FREE E-Book: What the Injured Worker Needs to Know.

Monday, April 8, 2013

Are Needlestick Injuries Covered by NJ Workers' Comp?

Every day at work, nurses, physicians, and other healthcare workers are put at risk for serious NJ needlestick injuries. These injuries, also called sharps injuries, happen when a contaminated needle, syringe, or other sharp object breaks the skin. By coming in contact with these objects, healthcare workers may be exposed to blood or other bodily fluids. This can lead to infectious diseases and blood-borne viruses like HIV, Hepatitis B, and Hepatitis C.

If you have a needlestick or sharps injury, you should immediately report it to your supervisor. After the wound is cleaned and sterilized, you will need to take blood tests that determine whether or not you were infected. If your job led to your NJ sharps injury, you are entitled to workers' compensation benefits. This means your employer is required to pay for your follow-up testing, medical care, and missed time at work.

It's a good idea to contact a Morristown workers' comp lawyer to make sure you get all of the benefits you are entitled to. Manfred Ricciardelli has 20 years of experience protecting the rights of injured NJ workers. He will help you gather evidence for your case and make the right decisions at the right time.

We invite you to schedule a free, one-on-one consultation at our office to discuss your case. To get started, contact us today at 973-285-1100. Feel free to also download our FREE e-book: What the Injured Worker Needs to Know: Your Workers' Comp Guide.

Tuesday, April 2, 2013

Did you inhale toxic fumes at work?

Sheri Farley worked for Royale Comfort Seating for five years, gluing foam cushions together for chairs and couches. The glue gave off fumes that formed a yellowish fog inside the plant. By inhaling the fumes, they eventually ate away at her nerve endings and caused neurological damage. The damage makes it difficult for Farley to balance and causes her feet to swell. Pain screams down her spine and up her legs if she sits of stands for more than 20 minutes.

The chemical that caused the damage is called n-propyl bromide (nPB). It is also commonly used in auto body shops, dry cleaners, and electronics manufacturing plants. When inhaled at low levels for long periods of time, nPB has been known to cause neurological damage and infertility. Many companies, such as Royale Comfort Seating, are aware of this fact but still expose their workers to it.

This most likely happens because the cost of complying with OSHA's health and safety regulations often outweighs the penalties for breaking them. Thus, many companies take a 'catch me if you can' approach to safety and put workers at risk. In addition to exposing workers to high nPB levels, Royale also failed to provide respirators and turned off fans meant to vent fumes. They have not switched from nPB glue because it works the best and is cheaper than alternatives.

If you've have an injury or illness from inhaling toxic fumes at work, you may not think you are entitled to workers' comp benefits. However, workers' compensation claims are not just for sudden accidents. You can also receive benefits if your injury or illness developed over time. For both specific accidents or occupational exposures, you are entitled to fully paid medical care, wage compensation, and a cash settlement for your injuries.

When you have an occupational exposure claim, you can't pinpoint the date and time you were injured. Therefore, it can be extremely difficult to prove that your NJ work injury is related to your job. An experienced Morristown work injury lawyer can help. Manfred Ricciardelli knows the ins and outs of these cases. He will argue on your behalf and fight to get you the benefits you and your family need. Would you like us to represent you, or do you just have questions? Contact us today at 973-285-1100 to schedule a free initial consultation.

Tuesday, March 26, 2013

Temporary Worker Suffers Crush Injury During First Day On The Job


A worker's first day at work shouldn't be his last day on earth,” said Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health Administration.

Back in August, 21-year-old Lawrence Daquan Davis was hired as a temporary worker at Bacardi Bottling. During his first day on the job, he was crushed to death by a palletizer, a machine that stacks cases of goods onto a pallet. He was cleaning glass from under the hoist of the palletizer when another employee restarted the machine.

It turns out that the company hadn't been training its temporary workers on how to prevent the accident start-up of machines. Employers are required to train all employers on the hazards specific to that workplace before they start working. Temporary workers are no exception. If Bacardi had done so, this tragic work accident could have been avoided.

A work-related crush injury can be catastrophic for you and your family. These injuries often result in a permanent damage to the injured body part. That permanent loss of function can severely impact your ability to earn a living and provide for your family.

If you've been hurt in a crush accident at work, you are entitled to NJ workers' comp benefits for your injuries. These benefits may include fully paid medical care, pay for lost time at work, and a cash settlement.

Don't settle for less than what you and your family need. To make sure you get all of the benefits you are entitled to, get in touch with a NJ work injury lawyer today. Manfred Ricciardelli knows the ins and outs of these cases. He'll deal with the legalities of your case so you can focus more on your recovery. We invite you to schedule a free consultation to discuss your case and legal options. Contact us at 973-285-1100 to get started.

Monday, March 18, 2013

Loud Music at NYC Club Caused Worker's Hearing Loss

It's no surprise that clubs and restaurants, especially in NYC, are loud. But for one club in Midtown Manhattan, the noise level has become dangerous.

For two years, Alexis Clemente worked as a hostess at a restaurant called Lavo. The noise level inside the restaurant has been known to reach 96 decibels. To put that in perspective, a train hurtling downtown in Manhattan was recorded at 84 decibels. By law, no worker should be exposed to that level of noise for more than three and a half hours without protection.

Unfortunately, that didn't happen at Lavo. Because she was exposed to such extreme noise levels, Ms. Clemente developed significant hearing loss in her right ear. Her doctor told her to stop working in loud environments to prevent it from getting worse. She asked to be placed at the door, somewhat removed from the noise, but her employers refused.

In this case, Ms. Clemente can file a claim to receive workers' comp benefits. Work-related hearing loss is an example of an occupational exposure, which is recognized by workers' compensation law. This means that your NJ work injury developed over time, not because of a specific incident. Whether you were hurt from a specific accident or occupational exposure, you may be entitled to fully paid medical care, wage compensation, and a cash settlement for your injuries.

Hearing loss is cumulative, so it can be extremely difficult to prove that it is work-related. It's a good idea to have a NJ work injury lawyer on your side. Manfred Ricciardelli has 20 years of experience helping injured workers get the benefits they need. He will help you understand your rights and fight to protect them.

For a free consultation, contact us today at 973-285-1100. If you decide to hire us, you don't pay us anything unless we win your case.