Working in the construction field is physically taxing and inherently dangerous. The brave men and women who work on construction sites put life and limb at risk to make the world a better place for others. Sadly, a serious, life-altering injury is possible for every construction worker. This is precisely why those who work in construction should understand whether they are legally entitled to worker’s compensation.
Workers’ Compensation for Construction Injuries
Construction site workers really are that much more likely to endure injury or even death than others who work in less-dangerous fields. However, there is a question as to what types of injuries qualify for coverage through the workers’ compensation system. If you and your injury satisfy the following criteria, it qualifies as a workers’ compensation injury:
You are classified as an employee rather than a contractor.
You suffered a bodily injury resulting from an accident.
The injury occurred when you were performing work-related duties. If the injury occurred away from work yet is attributable to work-related activity, it still qualifies.
There are specific conditions that have the potential to disqualify construction laborers from obtaining workers’ compensation benefits. These conditions are as follows:
The injured individual is classified as either an intern, freelancer or contractor.
The injury occurred when performing duties unrelated to work.
An understanding of whether your injury qualifies for workers’ compensation coverage has the potential to save you hundreds, thousands or even tens of thousands of dollars. There is no sense paying for medical bills out of your own pocket when those bills can be covered by the workers’ compensation system. New Jersey’s workers’ compensation benefits are available to help workers rest and recuperate after the injury instead of worrying about the financial hardship resulting from the inability to work.
It must be noted some construction workers are not classified as employees. However, this does not mean these hardworking men and women lack legal recourse in the event of injury. Contractors as well as non-employee workers are empowered to file personal injury lawsuits for injured suffered on-the-job.
Schedule a Consultation With Schibell & Mennie LLC Attorneys at Law
If you work in the field of construction, there is a good chance you will be injured. If you endure any type of work-related injury or illness, reach out to our legal team at Schibell and Mennie as soon as possible. Dial 732-774-1000 to schedule an initial consultation with our New Jersey workers’ compensation attorneys.
Every New Jersey employee who suffers injury or illness as a result of work-related duties is legally entitled to file a workers’ compensation claim. After all, the purpose of our state’s workers’ compensation system is to provide essential support for injured/ill workers. Sadly, some employers will resort to intimidation tactics to avoid providing employees with the compensation they need and deserve.
The Letter of the Law
Employers are required to provide compensation including benefits and even reimbursement when a worker is injured or falls ill after performing job-related duties. Employees enjoy the benefits provided through the state’s workers’ compensation system while forfeiting their right to sue the employer for injury/illness resulting from work duties. However, some employers are hesitant to fulfill their half of this agreement. Some such employers will even go as far as threatening or retaliating against those who file a workers’ compensation claim.
Examples of Employer Threats and Retaliation
Employer retaliation and threats are rendered in a wide array of forms that extend well beyond terminating an employee. Here are a few examples of ways employers retaliate or threaten those who file a workers’ compensation claim:
Taking unjust disciplinary action against the employee
Refusing to promote a deserving employee
Demoting the injured/ill employee
Transferring or reassigning the employee to a position/location he or she dislikes
Verbal/written statements meant to intimidate
Furthermore, employers sometimes interfere with the injured/ill employee’s workers’ compensation claim in an attempt to decrease essential employment benefits such as vacation, insurance, etc.
Understand Your Rights
If an employer has retaliated or threatened you due to the filing of a workers’ compensation claim or after you express your desire to file such a claim, it is time to assert your rights provided by the law. Though our state has at-will employment, employers are not permitted to do as they please. Your employer is not legally permitted to terminate you due to the filing of a workers’ compensation claim.
Though the New Jersey workers’ compensation system is certainly complex, there is no reason to be intimidated. Our legal team led by Richard Schibell is here to inform you of your rights and defend those rights to the fullest extent of the law. If you have been threatened or retaliated against, even in a subtle manner, do the smart thing by reaching out to our law firm for assistance.
Our Workers’ Compensation Attorneys are a Call Away
Do not attempt to navigate the workers’ compensation system on your own. Your focus should be squared on rebuilding your health and spirit after your work-related injury or illness. Call Schibell & Mennie at 732-774-1000 to find out more about how we can help expedite your claim and maximize your compensation.
Ask anyone who works in construction about this field’s inherent dangers and you will be inundated with information. Working in the construction industry requires extensive physical exertion. Sadly, you can do everything right, remain completely sober while on the clock and still end up with an injury due to another person or party’s carelessness. However, when workers use mind-altering drugs, the chances of injury at construction worksites spikes considerably.
A Look at the Data
The Drug and Alcohol Dependence journal recently published a study stating those who work in the construction industry are most likely to abuse mind-altering substances. The study compared workers in a variety of fields before coming to this conclusion. The study shows construction workers were most likely to use marijuana, cocaine and non-prescription opioids. These findings are concerning as the construction field poses inherent dangers even without the element of workers using mind-altering substances.
Careless worksite behavior makes it that much more likely that workers will endure significant injury or possibly even death. Unfortunately, the risk presented by the use of drugs is not limited to those who decide to alter their own minds. This risk is also extended to those who work alongside the drug user on the construction site simply because they are in the vicinity of that individual.
The study’s author indicates the findings are somewhat understandable simply because construction industry workers endure considerable physical stress every single day. These hardworking men and women are that much more likely to use mind-altering and pain-reducing substances to make it through the workday.
The Downward Spiral of Drug Use
Most people are aware of the fact that drug use is inherently dangerous for all human beings. However, this dangerous behavior is especially risky for construction workers says Richard Schibell. When a construction worker uses a mind-altering substance, he or she really is that much more likely to endure an on-the-job injury. Furthermore, those who are injured while working are that much more likely to use drugs to obtain pain relief.
Drug use Eliminates Legal Protection
All workers including those in the construction industry have the legal right to specific benefits through New Jersey’s workers’ compensation system after enduring an injury related to workplace activities. Such injured employees can file a workers’ compensation claim. Furthermore, contractors are legally empowered to file a personal injury lawsuit with the assistance of our New Jersey attorneys. However, it must be noted injured workers forfeit their rights to the forementioned compensation when the injury occurs as a result of personal drug use. It is quite possible the use of drugs before or during work hours can preclude the injured worker from obtaining compensation to cover the cost of medical bills and other related expenses.
Injured at Work? Contact Schibell & Mennie Today
If you are injured while working on a construction site or anywhere else, you are entitled to specific benefits through workers’ compensation. These benefits are in place to facilitate the healing process and ultimately help you return to work as soon as possible. Give Schibell and Mennie a call at 732-774-1000 to find out more about the nuances of the workers’ compensation system and schedule an initial consultation at our office.
Though plenty of New Jersey workers are classified as employees and contractors, a surprisingly high percentage of these individuals are actually misclassified. The distinction between the two classifications is understandably unclear in certain workplaces. Even though you might perform similar work as a colleague, there is a good chance the two of you have different worker classifications.
The Difference Between Contractors and Employees
Plenty of New Jersey workers errantly assume the labels of “contractor” and “employee” are merely semantic variations without important meaning in the context of the law. In reality, worker classification matters a great deal, especially when the time comes to claim workers’ compensation benefits. There are specific rules pertaining to worker classifications. Laws are on the books to define each of these worker categories.
Our New Jersey workers’ compensation attorneys are here to help you understand the differences between these classifications and ensure you are properly classified. If your employer misclassifies you, it really will make a meaningful difference in the amount of benefits you are provided after an injury, illness or other work-related event.
The Difference Between Employees and Contractors in the State of New Jersey
New Jersey law states workers are classified as contractors if they meet the criteria detailed below:
The worker providing services for the business has his or her own independent trade or business
The manner in which the worker conducts his or her work is outside of direction of the employing business
The contractor’s work is not work the company typically partakes in or the contractor provides services for the business away from that group’s place of work and away from all of the company’s business locations
Why Employee Classification Matters
Sadly, a growing number of employers intentionally misclassify employees, listing them as contractors in an attempt to retain as much money as possible. It really is that much cheaper for companies to classify workers as contractors as opposed to employees. After all, contractors are not legally entitled to the following:
Health insurance benefits
Overtime pay
Paid time off
Furthermore, contractors are not provided with workers’ compensation benefits after suffering an injury or illness related to work activities.
Legal Assistance is a Call Away
If you are injured while performing work-related duties and your employer insists you are a contractor, do not assume you are powerless. Reach out to our New Jersey workers’ compensation attorneys at Schibell & Mennie. We will determine your true employment classification. Our team will also do everything in our power to ensure you are provided with the workers’ compensation benefits you need and deserve during this difficult period of your life. You can contact our legal team led by Richard Schibell by dialing 732-774-1000.
New Jersey politicians, employers and attorneys alike agree worker misclassification has been an emerging problem in the Garden State for quite a while. Complicating matters is the rise of gig economy work. As time progresses and we transition to work shaped by technology, that many more workers are classified as contractors even though these individuals meet the legal standards necessary to be defined as employees.
Countless employers in New Jersey and beyond intentionally misclassify workers as contractors to save money. However, this misclassification steals money and benefits from workers as well as the state of New Jersey. From a worker’s perspective, misclassification results in the loss of key employee entitlements including but not limited to:
Employer-paid health insurance
Employer payments into Social Security
Overtime pay
Paid time off
Job-covered family leave
Workers’ compensation benefits
Governor Murphy insists the misclassification of workers cost the state’s employees an incredible $46 billion in 2018 alone. This figure represents the total amount of lost benefits and wages. The misclassification also prevented the state from obtaining millions of dollars in income tax, unemployment and disability contributions owed by employers.
Taking Action on the Misclassification Problem
Governor Murphy has formed a specialized task force to pinpoint instances of worker misclassification throughout the entirety of the state. The task force audited merely 1% of all the state’s businesses this past year. Though this audit was limited, it found in excess of 12,000 employers improperly classified workers. The Department of Labor reports workers in these specific industries are particularly vulnerable to misclassification:
Construction
Home care
Transportation
Janitorial services
Unfortunately, the federal government’s enforcement of worker classification has not been as stringent as most expect. As a result, employers lack the incentive necessary to classify workers in the appropriate manner. This unfortunate situation has spurred Governor Murphy to sign new legislation into law to bolster the state’s Department of Labor’s ability to penalize companies for improper worker classification. The department is empowered to penalize employers with either a fine of $5,000 per day or a complete closing of the workplace.
Worried You are Misclassified? Contact Schibell & Mennie Today
If you suspect you have been misclassified, it is important to obtain clarification with the assistance of our attorneys at Schibell & Mennie. Proper legal classification will help you obtain workers’ compensation benefits and other assistance you need and deserve. Reach out to our attorneys led by Richard Schibell today at 732-774-1000 to coordinate an initial consultation.
The typical auto accident involves an individual who is off the clock, driving his or her personal vehicle. However, when an employee is involved in such an accident when driving for work-related purposes, things become a bit more complicated. Let’s take a look at a couple such scenarios.
An Accident Involving an Employee Driving a Company Vehicle
If the person who causes the accident is using a company vehicle, the accident will be the employer’s legal responsibility and covered by its insurance policies in instances when the worker is performing company business in the vehicle. However, there are a couple exceptions. If the employee was using the company car for approved reasons and proceeded to use the vehicle for personal activity, the employer might not be legally liable. If the employee partook in illegal activity while using the company car, the employer probably won’t be found liable.
However, if it can be shown the employer was negligent in respect to the vehicle involved in the accident, its liability will likely be quite extensive. As an example, if the employer permitted an inexperienced driver or one with a poor driving record to use the company vehicle, it constitutes direct negligence. Furthermore, if the employer fails to properly maintain the vehicle or adhere to safety procedures or maintenance procedures, the case for negligence will be that much stronger.
A Worker Driving to or From Work
In general, workers are considered off the clock when driving to and from work. In other words, a worker’s personal auto insurance and related coverage will prove applicable to accidents they are at fault for. The employer is rarely found liable for such accidents. However, there are exceptions to the prior statement. If the worker’s vehicle was essential to complete work, the commute to get the vehicle to work might be viewed as a component of the company’s responsibility.
As an example, if the employee is expected to use his or her car during work hours to commute to a sales call, the vehicle is essential to the job and the employer will likely bear legal responsibility. Even if the worker labors at a temporary location and the employer refuses to cover the cost of a rental vehicle, that group might be found liable for accidents involving the employee’s vehicle.
An Employee Using his or her Personal Vehicle While at Work
A personal vehicle trip can be a component of an employee’s job if the business expects him or her to perform job-related duties while using the vehicle. However, it must be determined if the employee is doing business with the company’s approval and under its direction. If the approval and direction are not provable, the employer will likely escape liability.
The employee’s job description is particularly important. For example, if this description states he or she must pick up the business’s mail at the post office with the use of a personal vehicle, any accident that occurs while performing this task will be the employer’s legal responsibility. However, if the worker failed to obtain approval to use the vehicle or decided to perform a personal errand, the business might not be liable.
Reach out to Schibell & Mennie Today
If you are injured while driving, your focus should be squared on reaching maximum medical improvement and returning to work. Let the attorneys at Schibell & Mennie handle your legal challenges so you can expedite your recovery. Reach out to us today at 732-774-1000 to coordinate a free initial consultation. Our experienced team led by Richard Schibell is looking forward to speaking with you.
Concussions, sometimes referred to as traumatic brain injuries or TBI for short, have compromised the quality of life of countless kids and adults. Every single year, millions of people visit hospital emergency rooms after suffering a concussion. Sadly, the impact of significant head trauma has the potential to last a lifetime. The timely and accurate diagnosis of a TBI is essential to facilitating recovery. However, diagnosing concussion injuries is easier said than done. There are two means of diagnosing TBIs: gauging patient responses pertaining to concussion symptoms including an assessment of the patient’s cognitive function and alternatively, the use of costly CT scans. Aside from being expensive, CT scans are considered the lesser of the two options as they subject the patient to radiation necessary to generate images of the brain.
Medical Analysis is Shaped by Subjectivity
Assessing patient responses and cognitive ability allows for personal bias to creep in. There must also be a baseline result as a point of comparison to ensure the conclusion drawn is accurate. There is also the chance that the assessment will be flawed in that the patients might memorize the anticipated responses to create the impression of proper health. This issue is especially common among members of the military and athletes looking to avoid extensive time away from work due to head injury.
Recent advancements in the medical field have made it possible for medical professionals to accurately diagnose concussions injuries without the use of biased patient analyses or costly imaging scans that transmit unhealthy radiation. To be more specific, the United States Food and Drug Administration recently approved the Banyan Brain Trauma Indicator for use. This blood test gauges the protein level released into the blood by way of the brain when a TBI occurs.
Consider the recent results of a trial in which 1,900 individuals who suffered a head injury were analyzed. The forementioned blood test accurately predicted the CT scan would show evidence of brain tissue damage in more than 97% of the cases. The blood test also determined patients’ CT scans would be void of damage nearly 100% of the time. The blood test is fairly quick, providing results in a mere three or four hours. The proteins measured with the blood test are released in less than half a day’s time after the injury occurs, necessitating rapid medical attention and evaluation.
Testing for Concussions With the EyeBOX
The FDA also approved another TBI diagnostic test this past year. Known as the EyeBOX, this test tracks patient eye movements as a short video plays. The nuances of patient eye movement are analyzed to determine if the patient has endured a concussion. This method is revered in that there is no need for a baseline measurement, allowing for its use in hospital emergency rooms and elsewhere. In short, the EyeBOX is completely unbiased, non-invasive and fast. The FDA has approved use of the EyeBOX for pediatric settings as well as adults upwards of nearly 70 years of age. Though EyeBOX does not have the same stellar accuracy as Banyan Brain Trauma Indicator test, it proves accurate months after the injury occurs, providing an impressive 84% accuracy rate upwards of five months out from the date of injury.
The accurate and timely diagnosis of TBI is essential to ensuring a fast recovery and promoting optimal health. If the TBI patient returns to regular activities too quickly, particularly when those activities might result in a head injury, it can cause the potentially fatal condition known as second-impact syndrome. The accurate and timely diagnosis of the TBI, regardless of where it occurs, is necessary to stop patients from going back to work or hitting the field of play too early. A premature return to work or athletic competition has the potential to result in a lasting disability stemming from subsequent TBI injury or even death.
Be Careful in the Aftermath of a Head Injury
The accurate diagnosis of TBIs is necessary to guarantee the patient has the resources necessary to make a full recovery in a timely manner. If you have endured a head injury of any type or magnitude, do not participate in an activity that might cause cognitive or visual strain. Such stresses can delay the healing process and lengthen the period of recovery. Kids might need additional assistance when attempting to recover from a concussion simply because TBIs can significantly hinder sensory processes and cognition. If you are the parent of a little one who complains of head pain or dizziness after contact to the head/upper body, provide your child with the necessary attention. Otherwise, you run the risk of mistaking TBI symptoms for behavioral problems.
Meet with the doctor for a medical analysis of the head trauma and he or she probably won’t rely on a single diagnostic testing method to determine if a TBI has occurred. Most doctors will consider multiple testing methods to ensure accurate and fast results. This approach dramatically increases the chances of providing patients with the care necessary for a full and speedy recovery.
TBI Injury? Contact Schibell & Mennie Today
If you are even slightly suspicious you or your child have suffered a TBI injury, do the smart thing by meeting with our legal team at Schibell & Mennie. We will analyze your unique injury and determine if there is solid legal footing for a personal injury lawsuit. Call Richard Schibell at 732-774-1000 to find out more about how we can help you after this unfortunate incident.
