The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

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Work Injuries and Accidents

Construction Site Injuries: What To Do If You’re Injured As A Pedestrian Or Visitor | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Construction Site Injuries: What To Do If You’re Injured As A Pedestrian Or Visitor

All construction sites come with an intrinsic level of danger, and accidents can easily occur when proper precautions and procedures are not in place. Our experienced personal attorneys at The Law Offices of Gold, Albanese, Barletti & Locascio, LLC have represented many clients who sustained construction site injuries involving falling objects, tripping and falling over materials and other mishaps. Whether you were injured while walking by or visiting a construction site, our skilled legal team is well-versed in how to effectively investigate the facts of a case to determine fault and liability.

Causes Of Construction Site Injuries

Falling debris is one of the leading causes of construction site injuries to workers, pedestrians, bystanders and visitors. Although barricades are often put in place to keep pedestrians at a safe distance from construction sites, sometimes they are improperly placed and walkers are hit by falling objects. Individuals can also suffer construction site injuries from falling tools, equipment like large cranes, and defective machinery. It is quite easy to trip over materials or fall into ditches or holes that are not properly marked. It’s also vital to require all visitors to wear hard hats, advise them of how to take precautions and post clear warning signs on the site.

Filing A Construction Site Injury Claim

Construction site injuries can lead to costly medical bills, time spent off work, emotional distress and other long-term consequences. A construction company may liable for an injury that happens due to negligence on the site. If you’ve sustained construction site injuries, you must prove that the company had a duty of care to keep the construction area a safe, that they breached that duty, and that the breach caused you injury or harm.

Proving negligence in any personal injury claim can be tricky. That’s why it’s vital to contact an experienced construction site injury attorney who has extensive experience in handling these types of claims. A knowledgeable attorney will make sure that the insurance company or owner of the construction company provides maximum compensation for your injuries. Too often, insurance companies try to offer inadequate settlements or even deny claims altogether.

An experienced personal injury legal team will thoroughly investigate the incident, negotiate with insurance companies and give you the legal support you need while you focus on healing. If your injury was caused by defective tools, equipment, or other machinery, you may be entitled to pursue a third-party products liability lawsuit as well.

Contact Us

If you’ve suffered construction site injuries or have lost a loved one in a construction site accident, our experienced personal injury attorneys can help. If you’re a worker who has been hurt on the job, our seasoned workers’ comp lawyers can help you get the full benefits to which you are entitled. Call The Law Offices of Gold, Albanese, Barletti & Locascio, LLC, at 732-936-9901 or contact us online to schedule a free consultation.

Where To Direct Your Worker’s Comp Case In The Workplace | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Where To Direct Your Worker’s Comp Case In The Workplace

A worker’s comp case can end up being complex and financially physically and emotionally taxing. While it may seem like filing a workers’ compensation claim for your medical bills and time off work should be a no-brainer, many people don’t realize that there are specific steps you must take to ensure your injuries are properly reported to your employer. Our experienced legal team at The Law Offices of Gold, Albanese, Barletti & Locascio, LLC is well-versed in helping clients effectively navigate workers’ comp claims and can help you get compensation for your medical bills, a portion of lost wages and other injury-related expenses.

What To Do If You’ve Been Injured At Work

Report your injuries to a supervisor or HR department immediately. When a workplace injury is reported to an employer, they must notify their insurance carrier immediately to ensure that a First Report of Injury is filed with the State in a timely manner. After any accident, it is essential to seek medical care for your injuries. Under New Jersey workers’ compensation law, an employer or workers’ comp insurance carrier is permitted to select specific healthcare providers for injured workers. Ask your employer for a list of eligible providers so you can get the care you need immediately.

Your employer’s workers’ comp insurer will investigate your claim and determine whether you are eligible to receive workers’ compensation benefits. If your workers’ comp claim is approved, you will be directed to an appropriate medical provider. If you are off work for more than seven days, the insurer should also provide you with temporary disability benefits during your recovery.

If you are in need of prompt medical treatment and temporary benefits, you may file a Motion for Medical and Temporary Benefits with the state of New Jersey. Having a skilled workers’ comp attorney help you with this motion can make a difficult time easier and allow you to focus on healing.

Your employer or their insurer must submit a Subsequent Report of Injury to the New Jersey Division of Workers’ Compensation within 26 weeks after you’ve returned to work or have reached maximum medical improvement (MMI).  A copy will be sent to you for you review.

How To Handle Your Workers’ Comp Case If Your Claim Is Denied

If your workers’ comp claim has been denied, you may file either a formal Claim Petition or an Application for an Informal Hearing with the New Jersey Division of Workers’ Compensation. Seeking the counsel of an experienced workers’ compensation attorney to assist you with this process and represent your interests in negotiations with the insurance company or employer is vital. A lawyer who is well-versed in the complexities of the New Jersey workers’ comp process will advise you on the most effective course of action and make sure that all required motions and filings are completed in an accurate and timely manner.

Typically, a skilled attorney can negotiate a reasonable settlement so your workers’ comp case won’t have to go to trial. However, if your workers’ comp case cannot be resolved in negotiations or mediation, your workers’ compensation lawyer will represent your interests in court to ensure you receive medical treatment you need and cash benefits you deserve.

For assistance with your workers’ comp case, contact us at 732-936-9901 to schedule a free consultation with The Law Offices of Gold, Albanese, Barletti & Locascio, LLC today.

Understanding Your Reasonable Expectation Of Workplace Safety | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Understanding Your Reasonable Expectation Of Workplace Safety

Employers have a legal obligation to provide a safe workplace for their employees. At the Law Firm of Gold, Albanese, Barletti & Locascio, LLC our experienced workers’ comp attorneys can help you understand the nuances of your reasonable expectation of workplace safety and help you get the medical care and maximum compensation to which you are entitled.

Workers have a legal right to a safe workplace free of dangerous conditions, toxic substances and other potential safety hazards. When you file a workers’ compensation claim, you are typically prohibited from bringing a personal injury claim against your employer. However, if your employer has not provided a safe premises, adequate employee training, sufficient protective gear or hasn’t taken the necessary measures required to create a sufficient standard of workplace safety they may be liable for your damages. Regular maintenance and repair of equipment and machinery are also vital to minimize the risk of employees being injured.

Your Responsibilities As A Worker

Although an employer or a manufacturer of a defective product can be liable for your injuries in particular situations, as an employee you have certain responsibilities to keep yourself and others safe at work. It is vital to report any unsafe conditions, broken or damaged equipment, spills and other potential hazards to a supervisor right away. Horsing around, acting irresponsibly or recklessly and failing to do your job properly can all lead to serious workplace injuries. Making sure you are informed about proper use of equipment, how to carry out your duties, and procedures in the event of an accident all contribute to better workplace safety practices.

How A Workers’ Compensation Attorney Can Help

Workers’ compensation provides medical benefits and a portion of lost wages for the time you spend recovering from your injuries, but if you’ve been severely injured or permanently disabled you may not be able to return to work. If you suspect that your injury was caused by faulty equipment, inadequate training, improper workplace safety practices or unsafe conditions, seeking the counsel of an experienced attorney who can determine where fault for your injuries is essential to ensure your rights and interests are protected.

Unfortunately, both workers’ comp and liability insurance companies frequently offer inadequate compensation or deny claims altogether. A workplace injury attorney who knows the ins and outs of workers’ compensation, employment law and civil law will ensure that all paperwork is filed in a proper and timely manner, thoroughly investigate the incident that caused your injuries and make a case to protect your rights, health and financial future.

Contact Us

If you’ve been injured or have lost a loved one on the job, we can help you understand how the reasonable expectation of workplace safety applies in your case. Our skilled workers’ compensation lawyers at The Law Offices of Gold, Albanese, Barletti & Locascio, LLC, will fight for your rights and help you get the compensation you deserve. Contact us at 732-936-9901 to schedule a free consultation today.

Establishing Fault For Workplace Injuries: Equipment Or Employer?

Employers have a legal obligation to provide a safe workplace for employees, and equipment that’s used in industries such as manufacturing and construction can be deadly. Improper maintenance, inadequate safety training, and defective or malfunctioning equipment can all cause severe injuries and even death. When an accident occurs on the job, determining fault for a worker’s injuries can be complex. Our skilled attorneys at Gold, Albanese, Barletti & Locascio, LLC, have decades of experience in handling workplace injury cases. They not only understand the complexities of workers’ comp claims but are also well-versed in how to investigate the facts of a case to determine fault and liability.

Employer Liability

When you file a workers’ comp claim, you’re typically prohibited from bringing a personal injury claim against your employer. However, employers must provide adequate safety training, sufficient protective gear and take the necessary measures required to minimize the occurrence of workplace accidents and injuries. Making sure that equipment and machinery are properly maintained and inspected is also vital to providing employees with a safe work environment. If employers fail to do any of these things, they may be liable for their employees’ injuries.

Defective Equipment And Machinery

Defective equipment, machinery or tools can cause serious harm and have fatal consequences for workers. If the equipment that caused your injury is found to be defective, you can take legal action against the parts manufacturer, product manufacturer and distributor of the product. This is known as a products liability claim.

An Attorney Can Help With Determining Fault For An On-The-Job Injury

Although workers’ compensation provides medical benefits and a portion of lost wages for the time you spend recovering from your injuries, if you’ve been severely injured or permanently disabled, you may not be able to return to work. A law firm with a successful history of handling workplace injury cases knows how to investigate the incident and determine if the fault for your injury lies with defective equipment, your employer or both. A personal injury attorney may take the following questions into consideration:

  • Has your employer properly trained workers to use equipment?
  • Are proper safety training and protective gear provided?
  • Is there a fully-stocked first aid kit readily available in your workplace?
  • Does your employer have written protocols and procedures to follow in the event of a workplace accident?
  • Is all equipment properly operated, cleaned, maintained and inspected?
  • Is getting appropriate medical treatment for an injured employee a priority for your employer?
  • Was there a defect in the manufacturing of a product or equipment?
  • Did the product or equipment have a faulty design?
  • Was the equipment being used as intended?
  • Were adequate warnings or instructions regarding use of equipment provided?

Each situation is unique, and these are just a few issues a personal injury attorney may investigate when determining fault for a workplace injury.

Contact Us

If you’ve been injured or have lost a loved one in a workplace accident, our experienced workers’ compensation and personal injury attorneys can help. Call Gold, Albanese, Barletti & Locascio, LLC, at 973-326-9099 or contact us online to schedule a free consultation.

When Your Employer Provides Improper Workplace Safety Training

Accidents happen, but untrained or improperly trained employees are a hazard to themselves and others. Our seasoned legal team at Gold, Albanese, Barletti & Locascio LLC has seen many cases in which injuries could have been prevented if an employer had provided proper workplace safety training.

How Improper Safety Training Impacts Workers

The importance of safety training cannot be understated. It is easy to label workers negligent or irresponsible if they hurt themselves or someone else on the job, but when workers are not properly trained or provided adequate protocols to follow, there is an increased risk of injury. When it comes to safety training, there are a few different factors that can increase the risk of workplace accidents, including:

Employees who are not trained for their positions—On-the-job training is an invaluable educational tool, but employers often fail to train new employees properly before leaving them to their own devices. This approach can be dangerous to the employee and his or her coworkers.

Employees are not given detailed procedures or protocols to follow—In industries where machinery, heavy equipment and other potentially dangerous tools are used, improper safety training can be deadly. Appropriately educating and informing workers on ways to limit the risk of accidents and how to respond in emergencies greatly reduces the chances that workers will put themselves and others at risk, and can help workers avoid serious injury or even death. It is also essential to provide detailed information on mitigating risks that are specific to each job; such as educating employees on how to use protective gear, avoid electrocution, and prevent falls.

Failure to provide safe alternatives to improper work practices—Educating workers on safe alternatives to common improper work practices that often cause injury is vital. For example, advising workers on the best way to lift heavy objects, avoid eye strain, or how to properly handle dangerous chemicals can keep them and those around them safer.

Keeping Employers Accountable For Proper Workplace Safety Training

When a workplace injury occurs, both the victim and employer are often quick to point fingers. Safety training should be an ongoing process so that employees are continually learning how to protect themselves and others. Regardless of the type of job, if a worker was never properly trained on best practices for safety, the employer may be liable for employees’ injuries.

If you’ve been injured due to improper workplace safety training, benefits you may be able to recover damages from your employer in addition to workers’ compensation. Contact our skilled attorneys at Gold, Albanese, Barletti & Locascio, LLC, online or call 732-936-9901 for a free initial consultation. Se habla español.

Is Your Employer Prepared for A Work Injury Or Accident?

An employer has a legal obligation to provide a safe workplace for his or her employees and should be properly prepared should a work injury or accident occur. The experienced workers’ compensation attorneys at Gold, Albanese, Barletti & Locascio, LLC understand how traumatic a workplace accident can be and have successfully helped thousands of clients get just compensation for their medical bills, lost wages, and other damages.

How To Determine If Your Employer Is Prepared

Ideally, your employer should have written procedures for what to do in case of a workplace accident or injury. Check your employee handbook or ask your supervisor or HR department for a copy to review. If written procedures aren’t available ask for verbal clarification.

Best practices for workplace safety, injuries and accidents should include:

Regardless of the type of business, your employer should have a fully stocked First Aid kit available at all times and know how to properly administer first aid if necessary. Providing employee training for CPR and having a portable defibrillator on hand can also save lives.

Promptly getting appropriate medical treatment for an injured employee should be your employer’s highest priority. If your work injury or illness requires medical attention and it is not an emergency, your employer should immediately document the accident and give you the name of approved healthcare providers so you can have your work injury assessed and treated as soon as possible.

Non-emergency injuries and illnesses may include:

  • Minor cuts, burns, scratches and scrapes
  • Muscle strains and sprains
  • Minor back injuries
  • Repetitive stress injuries

For major injuries or illnesses, your employer should contact 911 immediately. Major injuries or conditions that may require immediate medical attention include:

  • Life-threatening injuries such as falls, severe wounds and burns
  • Excessive bleeding
  • Broken bones
  • Loss of digits or limbs
  • Eye injuries
  • Chest pain
  • Difficulty breathing
  • Exposure to hazardous substances
  • Unconsciousness

Contact A Personal Injury Attorney In New Jersey

A workplace injury or accident can be frightening for the injured person, his or her coworkers and the employer. Companies can create a safer workplace and increase employee satisfaction by providing proper safety training and having clear procedures in place on how to navigate accidents and injuries. Knowing what to do if an employee becomes injured or ill at work is critical for everyone involved; and demonstrates that an employer cares about his or her employees’ health and well-being.

If you’ve been hurt on the job, contact our skilled workers’ compensation attorneys at Gold, Albanese, Barletti & Locascio, LLC, online or call 732-936-9901 to discuss your work injury today. Se habla español.

Most Likely Jobs for Workplace Injuries | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Most Likely Jobs for Workplace Injuries

When you are injured at work, your employer has a legal obligation to pay for your medical expenses, a portion of lost wages and other damages. Accidents happen and workers can get hurt at any job, but there are a few professions that pose a higher risk for workplace injuries, including:

  1. Nursing Homes and Assisted Living Facilities – Those who care for our aging and disabled are often paid very little and are at serious risk from injuries due to strains and sprains from lifting patients, slip and falls and repeated lifting, bending or twisting.
  2. Logging – Loggers work with heavy and dangerous machinery and tools, in inclement weather and sometimes at great heights. They are at a higher risk for falling, being hurt by tools or machinery and having trees fall on them.
  3. Aeronautics – Whether an accident is due to equipment failure, inclement weather or human error, working with aircraft is a dangerous job.
  4. Agriculture – Workers in the agricultural industry work with animals that can quickly and easily cause injury. Those who work on farms and ranches also use many different types of heavy equipment.
  5. Mining – Miners work in difficult and dangerous conditions and use complicated machinery that can be deadly if it malfunctions.
  6. Construction – Roofers are the most at-risk workers in the construction industry, although any worker can fall from a height or be injured by heavy machinery or other equipment.
  7. Commercial Vehicle Driving and Delivery – A job that involves a lot of driving is hazardous because of the potential for motor vehicle accidents. Drivers operating very large vehicles such as tractor-trailers face an even higher risk of injury.
  8. Machine Repair – Those who work with complex and hazardous machines that are already defective or malfunctioning are at risk for serious injury.
  9. Law Enforcement – Because of the nature of the profession, police officers can be injured or killed in the blink of an eye. Depending on the circumstances, something as simple as a traffic stop can become dangerous very quickly. Responding to distress calls, assaults and domestic violence situations often put police officers in very precarious situations that can easily lead to serious injury or death.

If You Have Been Injured on The Job, Our New Jersey Workers Compensation Lawyers Can Help

If you have been injured or have lost a loved one in an accident due to a workplace accident, our experienced workers compensation lawyers in New Jersey will fight for your rights and help to ensure you receive compensation for your medical bills, lost wages and other damages.

Contact Gold, Albanese, Barletti & Locascio, LLC, at 973-326-9099 to schedule a free consultation today.

First Steps to Take When You’re Injured on the Job | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

First Steps to Take When You’re Injured on the Job

Injured on the Job

If you have sustained an illness or injury while performing tasks at work, there are steps you can take to protect yourself.

First Aid & Medical Treatment

Your health and safety should be your first priority. Obtain first aid and other medical treatment as soon as you are injured on the job. If you need further medical treatment, inform your employer as soon as possible. Make sure to give your employer copies of all receipts, invoices, and bills that you receive for medical treatment and anything else related to your injury. Keep the originals in a safe place.

According to New Jersey Workers’ Compensation law, your employer has the right to select the health care professionals that will provide your care. If your employer fails to provide the necessary care to cure and relieve the effect of your injury or restore function where possible, you may take action by filing a Motion for Medical and/or Temporary Disability Benefits.

Inform Your Supervisor

Inform your supervisor as soon as you are injured on the job. If you have sustained a serious injury and are unable to speak with your supervisor, it is essential to do so as soon as you can. It is also a good idea to document your injury with the Human Resources department. You do not need to provide notice in writing, but should report your injury to your employer within 90 days.

Know Your Rights Before You File a Claim

The ins and outs of workers’ compensation law can be difficult to navigate without help. Do some research and learn about your rights as an injured worker. Your employer’s insurer may send an investigator to take a recorded or written statement from you. Do not make any statements without speaking to your attorney.

If you dispute your employer’s determination of entitlement to benefits, you can file either a formal Claim Petition or an Application for an Informal Hearing with the New Jersey Division of Workers’ Compensation. If you’re filing a formal claim petition, it must be submitted within two years of the date of injury or the date of last payment of compensation, whichever is later.

If you are suffering from an occupational illness such as asbestosis, a formal claim must be filed within two years from the date you first discovered the condition and its relationship to your job. Seeking the counsel of an qualified workers’ compensation attorney can help to ensure that your claim is filed in a timely and accurate manner.

Return to Work

Follow your doctor’s instructions for a speedy recovery and do your best to return to work as soon as possible. If you are still injured, do not return to work until your doctor has released you to do so.

If you’ve been injured on the job, our experienced attorneys can assist you on the road to recovery and help you get the compensation you deserve. Contact us at Gold, Albanese, Barletti & Locascio, LLC for more information or to discuss your case.

Sources:

https://www.nj.gov/labor/forms_pdfs/wc/pdf/wc(g)-338.pdf

https://www.nj.gov/labor/wc/content/faq.html