The emergence of remote work as a mainstream employment model owes much to the COVID-19 pandemic, which forced businesses worldwide to rethink traditional office setups. As companies adapted to this new reality, many discovered their operations can thrive even with employees working from home. This shift has since seen employers embrace remote work options to attract talent while maintaining productivity.

However, this shift comes with concerns about the safety of the home environment and mental health issues. This brings the question of whether remote workers can file for workers’ compensation (WC) in case they get injured or ill. Well, this question finds its answer in whether or not workers’ compensation covers remote workers. Because if it does, then they can file, and vice versa. This article explores those issues in more depth.

Does Workers’ Comp Cover Remote Workers?

Workers’ compensation laws are intended to cover those injured on the job, but applying these rules to remote settings introduces some unique considerations. The core principle behind the WC remains that employers must ensure a safe work environment, whether an employee is on-site or at home.

It means that remote workers are eligible for coverage. However, like other on-site workers, remote workers have a legal duty to prove that the injury or illness stemmed directly from their job duties. It involves demonstrating that they were acting in their employer’s interest at the time of the incident.

Recently, courts have weighed in on this, ruling that an employer’s lack of control over a home workspace doesn’t automatically disqualify a claim. Even if a kitchen table doubles as a desk, workers can still seek compensation if the injury ties back to their employment. This evolving legal stance reflects a growing recognition of remote work’s permanence, so protections aren’t limited to traditional office settings.

What Are the Most Common Work-from-Home Injuries?

Home workspaces often lack the same oversight, unlike office environments with regulated safety standards. For example, take an employee tripping over a child’s toy left on the floor, a scenario unlikely in a corporate office but common at home. These differences give rise to unique injury risks for remote workers. In remote work settings, the two prevalent injuries include cumulative injuries and slips and falls.

Cumulative Injuries

Cumulative injuries, also known as repetitive stress, develop slowly over time due to repeated motions or prolonged exposure to poor working conditions. For remote workers, these injuries are particularly prevalent because home workspaces often lack the ergonomic setups found in traditional offices.

For example, if a remote worker is using a dining chair and a low table as a makeshift desk for weeks or months, the strain from awkward postures can manifest as chronic pain or debilitating conditions. While cumulative injuries build silently, they are hard to pinpoint but no less serious when it comes to workers’ compensation claims.

Activities that can lead to these injuries include typing, clicking a mouse, or sitting for extended periods, which can place ongoing stress on muscles, joints, or nerves. The challenge lies in proving these injuries are work-related, as their gradual onset can blur the line between personal and professional activities. However, a workers’ compensation attorney can prove that the injury stems from tasks performed in the course of employment, and it’s compensable under workers’ compensation laws. Common cumulative injuries include:

• Carpal Tunnel Syndrome: Repetitive wrist movements, like typing on a non-ergonomic keyboard, are the main cause of this injury. For remote workers, this condition can manifest as numbness, tingling, and painful hands and fingers.

• Tendonitis: Overuse of specific tendons, mostly in the wrists, elbows, or shoulders, results in inflammation and discomfort. It is commonly seen in workers who frequently use a mouse or write extensively.

• Lower Back Pain: Prolonged sitting in unsupportive chairs or improper postures can strain the spine, leading to chronic back issues that worsen over time.

• Neck Strain (Cervical Pain): Constantly looking down at a laptop screen or holding a phone between the ear and shoulder can cause stiffness and pain in the neck muscles.

• Rotator Cuff Injuries: Repetitive arm movements, such as reaching for items or lifting objects during work tasks, may gradually damage shoulder tendons, causing pain and limited mobility.

• Eye Strain (Digital Vision Syndrome): Staring at screens for long hours without breaks or proper lighting can lead to headaches, blurred vision, and discomfort, and it is increasingly recognized as a work-related issue.

Employers can help by providing ergonomic resources or guidelines. Recognizing the link between daily work habits and long-term health empowers remote workers to protect themselves and strengthens their case.

Slips, Trips, and Falls

Slips, trips, and falls are among the most common workplace injuries; remote work does not eliminate this risk. Home environments can sometimes present more hazards due to the absence of formal safety standards usually enforced in traditional workplaces.

If a remote worker suffers a slip or falls while performing job-related duties, they may be entitled to workers’ compensation—just as if the incident had occurred at the employer’s physical location.

Below are examples of work-related activities that, if they lead to a slip or fall, can potentially qualify for a workers’ comp claim:

• Retrieving files, documents, or equipment needed for work tasks from another part of the home.
• Getting up to join a video conference, particularly if the equipment is set up in a different space.
• Accessing a home printer or fax machine located away from the primary workstation.

• Bringing work materials from the front door, such as accepting packages or deliveries related to the job.
• Walking back to the desk after clocking in or starting time-tracking software.

In these scenarios, the key factor is whether the activity was reasonably related to the employee’s job responsibilities. For example, a slip while heading to grab a personal package may not be covered. A New Jersey workers’ compensation lawyer can help prove your work-related illness or injury so you don’t miss out on benefits.

How Should an Employer Handle a Work-from-Home Injury?

When a remote worker reports an injury, employers face a unique challenge that involves responding to incidents in a space they don’t control. Treating the employee’s home as a second job site is key. This mindset shift means employers should investigate claims promptly, just as they would for an on-site accident. They might ask for details about the incident, review work schedules, and even request photos of the home workspace to assess contributing factors.

Communication is key, as employers should guide workers on reporting procedures and document everything thoroughly. Offering support, like access to medical care or ergonomic resources, can also strengthen a claim’s legitimacy and show good faith. By treating the home as an extension of the workplace, employers uphold their duty to protect staff and consequently bridge the gap between traditional and remote settings.

Coming and Going Rule and Workers’ Comp

The coming and going rule seeks to exclude injuries that happen during a commute from workers’ compensation coverage, as they fall outside the scope of employment. For remote workers, this rule rarely applies since their “commute” might just be a walk from the bedroom to the living room.

However, if an injury happens while running a work-related errand, like driving to pick up office supplies, the remote worker can file for workers’ compensation. The key is whether the activity directly serves the employer’s interests.

This distinction offers remote workers broader injury protection than their office-based peers in some cases. Without a traditional commute, the line between personal and work time blurs. Working with a workers’ compensation lawyer to help prove your work-related injuries is advisable.

Personal Comfort Doctrine

The Personal Comfort Doctrine provides that employees who momentarily step away from their duties for personal comfort—for example, getting a drink of water or using the restroom—are still considered to be within the course of employment. For remote workers, this might cover a slip in the kitchen while refilling a coffee mug between Zoom calls. Courts often view such acts as incidental to employment, sustaining worker morale and productivity.

However, there’s a limit. If an employee deviates too far from work—like mowing the lawn mid-shift—the injury likely won’t qualify. The key is whether the activity was a minor, expected pause during the workday rather than a personal errand unrelated to work. This doctrine strikes a balance by recognizing human needs while keeping claims tied to job-related contexts.

How Can Remote Workers File for Workers’ Compensation?

Filing for workers’ compensation as a remote worker requires carefulness to ensure a successful claim. Since injuries at home can raise questions about their connection to work, remote employees must be diligent in documenting and reporting incidents. While the process may seem straightforward, some challenges can arise, especially when proving the injury occurred during work-related duties.

Here’s how remote workers can file for workers’ compensation:

Report the Injury Promptly

Inform your employer or the manager as soon as possible after the injury occurs. Provide a written report detailing what happened, including the date, time, and how it relates to your job. For example, specify those circumstances if you slipped while retrieving work files or developed wrist pain from typing.

Seek Medical Attention

Visit a doctor to evaluate and document your injury, even if it seems minor. Medical records serve as key evidence linking the injury to your work activities. Be sure to inform the healthcare provider that the injury is work-related so it’s noted in their report.

Complete the Claim Form

Your employer will give you a WC claim form, which is available through human resources or an insurance carrier. Fill it out accurately, describing the injury and how it occurred during your work-from-home duties. If cumulative injuries like carpal tunnel syndrome are involved, explain the repetitive tasks that led to the condition.

Submit the Claim

File the completed form with your employer or their workers’ compensation insurance provider, adhering to your state’s deadlines. For instance, in New Jersey, your claim needs to be submitted before the end of two years from the date of injury. However, the deadline for submitting claims may vary depending on the case’s unique facts, but a workers’ compensation lawyer can clarify things. Importantly, keep copies of everything you submit for your records.

Follow Up on the Claim

After submission, the insurer will evaluate your case and possibly request additional information or an investigation into your home workspace. It is vital to respond promptly to inquiries to avoid delays. If approved, you’ll receive benefits like medical coverage or wage replacement. If the WC claim is denied, you have the right to appeal.

The process can feel overwhelming, particularly when employers or insurers question the legitimacy of a remote injury. This is where a lawyer who focuses on workers’ compensation claims can be invaluable. An attorney can help gather evidence, such as work logs, photos of your home setup, or expert testimony, to build a winning case. They’ll also guide you through appeals if your claim is rejected to ensure your rights are protected.

Initiate Your Workers’ Compensation Claim Today

A winning workers’ compensation claim can be the avenue to recover lost wages, cover medical expenses, and regain peace of mind during a difficult time. While the process is designed to be straightforward, complications can arise that are unique to remote working arrangements. That’s why working closely with a workers’ compensation attorney is strongly recommended. Call your New Jersey personal injury lawyer today to book a consultation and understand how to protect your rights and secure the benefits you’re entitled to.

If you’re injured in a construction accident, it’s important to remember that you have rights

Construction is among the most dangerous sectors in the U.S. – especially if safety protocols aren’t followed. But the biggest threat to worker safety doesn’t come from huge vehicles or powerful machines – it comes from falls.

Falls are the most devastating type of construction accident and often result in severe injury or death. Contractors typically work surrounded by hazards. While working on a roof, for example, fall hazards include things like holes, skylights, and leading edges.

Falls are a leading cause of construction injuries

In 2020, nationwide more than 350 people died in construction accidents involving falls, according to federal data. That means that about 1 out of 3 construction worker deaths were caused by falling that year.

Already in 2022, New Jersey has experienced a handful of worksite falls that were so serious the Occupational Safety and Health Administration (OSHA) investigated. When they aren’t fatal, falls often result in severe injuries such as concussions, brain damage, broken bones, spinal cord injuries, and internal bleeding.

The proper use of safety equipment and best practices can reduce falls on the job site.

Preventing falls on construction sites

OSHA partners with the National Institute for Occupational Safety and Health and the National Occupational Research Agenda to raise awareness about common fall hazards and how to prevent falls from ladders, roofs, and scaffolds. They have a three-step campaign to stop preventable falling accidents:

• Step 1 – Plan – Before the job starts, a safety plan should be created for working from heights at the specific worksite. This plan outlines how the job will be done, the tasks involved, and the safety equipment needed.
• Step 2 – Provide – Workers who are six feet or more above the ground are at risk for serious injury or death if they fall. That means that employers must protect workers from falling. The right equipment goes a long way toward this. The right ladders, scaffolds, and safety gear should be tailored to each job. Use personal fall arrest systems (PFAS) and provide harnesses where appropriate.
• Step 3 – Train – If workers don’t know how to use the equipment properly, they will not get its full protection. Train every worker on the proper setup, safe use of the equipment, and how to recognize and avoid hazards.

Legal help is available for injured construction workers

If you have been injured on the job in New Jersey, you are eligible to apply for workers’ compensation benefits. This program helps pay for accident-related medical expenses and lost wages. Getting the money you need from New Jersey workers’ comp isn’t simple, however. In other cases involving negligence by a third party (e.g., a subcontractor), the injured worker may be able to file a third-party lawsuit for damages not covered by workers’ comp, such as pain and suffering. Regardless, seriously injured workers often have to fight to get the compensation they deserve.

Shebell & Shebell, LLC is a New Jersey personal injury and workers’ comp law firm that has helped thousands of injured employees obtain the compensation they’re entitled to. Our attorneys have a deep understanding of how the state system works and what it takes to get you the results you deserve.

If you were injured on the job at a construction worksite or other workplace, contact Shebell & Shebell for a free case consultation. At no cost to you, a member of our team can explain how the law applies to your situation and help you weigh your options, which may include a third-party lawsuit. We have offices in Newark and Shrewsbury from which we proudly serve all of New Jersey.

Do not wait to contact us. There is a statute of limitations on filing a claim. We are available to hear from you 24 hours a day, 7 days a week. Contact our New Jersey personal injury and workers’ compensation lawyers to schedule your free consultation right now.

Our NJ Workers’ Comp Lawyers Are Proud To Help Raise Awareness About Ladder Safety and Training

Ladders are an essential piece of equipment at many worksites in New Jersey and throughout the nation, but they are also the source of many severe workplace injuries. Falls and similar ladder-related accidents make OSHA’s list of Top 10 Most Frequently Cited Standards list year after year.

New Jersey has experienced a handful of worker deaths involving ladders over the past five years, and most were the result of fatal construction accidents. Safety advocates are hoping that better awareness of ladder safety and specifications may help prevent future tragedies.

That’s why March is Ladder Safety Awareness month – a time to bring fresh attention to a longstanding problem.

Worker injuries and ladders

Construction sites and work zones are common locations for ladder accidents, which can cause serious injuries. That’s why employers are obligated to provide workers with a safe job site. Still, accidents can and still do happen.

In New Jersey, ladder-related worker deaths were recorded in South Plainfield, Florham Park, Jersey City, Tuckahoe, and Bayonne. Workers were from industries such as ship construction, exterior home maintenance, and home systems installation.

Each fatal accident involved different circumstances for the victim, such as:

• Getting electrocuted when the ladder made contact with a power line
• Slipping off the ladder rungs
• Falling from a ladder, resulting in a fatal traumatic brain injury
• Falling from a ship ladder.

Ladder safety

To help prevent and reduce the risk of ladder accidents, the Occupational Safety and Health Administration (OSHA) is sharing requirements designed to ensure worker safety. To improve safety, here’s what you should know about your ladder:

• Know the load. Leaning ladders must be able to support 4-times the intended max load while fold-out or stand-alone ladders must be able to support 3.3 times the max load.

• Right angles. Getting the right angle maximizes stability. Leaning ladders should be positioned at an angle that the horizontal distance from the top support to the foot of the ladder is about a fourth of the working length of the ladder.

• Rungs. Whatever you call them—cleats, steps, sticks—rungs must be parallel, level, and evenly spaced 10 to 14 inches apart. They should also be slip-resistant.

• Slipping. Ladders need to be kept clean to avoid slip hazards like wet paint, oil, and grease.

• Lock it up. Foldout ladders and stepladders must come with a metal spreader or locking device that holds the equipment in place.

• No stacking. When more than one ladder is required to reach a point, do not stack one ladder on top of the other. When multiple ladders are used there should be a landing or platform between ladders.

• Stay clear. To avoid falls, keep the area at the bottom and top of ladders clear of any items or debris that obstruct work or upset the equipment’s balance.

Workers’ comp benefits for ladder injuries

If you’re in New Jersey and you sustained a workplace injury in a ladder accident, you have the right to seek workers’ compensation benefits, which are intended to help cover your medical expenses and a percentage of your lost wages. In some cases, you may be able to seek compensation by filing a third-party claim against a negligent third party on the job site, such as a subcontractor, inspector, engineer, or delivery driver.

The important thing to remember is you need to have a clear understanding of your legal rights and options, and the best way to do that is by talking to an experienced workers’ compensation lawyer.

For nearly 100 years, Shebell & Shebell, LLC has helped injured workers in Shrewsbury, Newark, and throughout New Jersey get the compensation they need and deserve. Find out how our law firm can help you and contact us today for a free consultation. There are no obligations, just honest answers to your questions.

Workplace accidents happen every year – in Shrewsbury, Newark and throughout New Jersey. Workers are left with serious injuries and are unable to do their jobs, resulting in financial stress. Injured workers are eligible for workers’ compensation benefits to help them get through a difficult time. But many workplace accidents could have been prevented.

There are hazards at every workplace, and employers have a responsibility to take steps to help keep workers safe. It’s why the Occupational Safety and Health Administration (OSHA) has developed health and safety standards that employers must follow. But many employers fail to meet this responsibility.

Every year, OSHA responds to accidents and complaints and conducts inspections to determine if employers have been following these standards. Safety+ Health reports on the Top 10 violations found by OSHA for fiscal year 2021:

1. Fall Protection, General Requirements (Standard 1926.501) – 5,271 violations: This standard addresses the fall protection measures that need to be taken for employees who walk and work on surfaces with an unprotected side or edge above 6 feet.
2. Respiratory Protection (Standard 1910.134) – 2,521 violations: This provides employers with guidance for establishing and implementing a respiratory protection program for workers who may be exposed to harmful substances such as dust, smoke, fumes and gases.
3. Ladders (Standard 1926.1053) – 2,018 violations: For workers who do their jobs high above the ground, this standard addresses the general safety requirements for all ladders.
4. Scaffolding (Standard 1926.451) – 1,943 violations: This standard addresses the safe construction and use of scaffolding for employees working at heights of 10 feet or higher.
5. Hazard Communication (Standard 1910.1200) – 1,939 violations: Many employees work with or near hazardous chemicals. This standard covers the communication of these hazards to workers.
6. Lockout/Tagout (Standard 1910.147) – 1,670 violations: This addresses requirements for servicing and maintaining machines and equipment that can release hazardous energy (including electrical, mechanical and hydraulic).
7. Fall Protection, Training Requirements (Standard 1926.503) – 1,660 violations: This standard covers training requirements employers must provide workers regarding fall protection.
8. Personal Protective and Life Saving Equipment, Eye and Face Protection (Standard 1926.102) – 1,451 violations: This standard addresses personal protective equipment employers must provide to workers for protection against flying particles, chemical gases and other hazards.
9. Powered Industrial Trucks (Standard 1910.178) – 1,404 violations: For workers who use industrial trucks (including forklifts and motorized trucks), this standard covers the safety and training requirements that must be followed.
10. Machine Guarding (Standards 1910.212) – 1,105 violations: This standard addresses guarding methods that protect workers using machinery from rotating parts, flying chips, sparks and other hazards.

Companies found to have violated OSHA standards are issued a citation and face fines and other penalties.

When workplace accidents happen, injured employees deserve workers’ compensation benefits to pay their medical expenses and provide partial wages. But the process can be complicated. Employers and insurance carriers may dispute what happened and claims can be denied. That’s why it’s important to have an experienced workers’ compensation attorney.

Shebell & Shebell, LLC has been fighting for injured workers since 1927. Our lawyers know what it takes to build strong cases that get results. We guide workers through the claims process every step of the way and fight for the benefits they deserve.

If you’ve been hurt on the job in New Jersey, contact us to schedule a free consultation at our Shrewsbury or Newark office.

When you think of workplace injuries, what comes to mind first is broken bones or severe accidents. However, some of the most common and overlooked injuries involve soft tissues. These injuries are just as debilitating as fractures, yet their subtle onset makes workers dismiss them or delay seeking help. If you’ve suffered a soft tissue injury at work, you’re entitled to the same benefits as someone with a more visible injury, provided the condition stems from your job duties.

Managing workers’ compensation claims involving soft tissue injuries is not always easy. It is advisable to enlist the help of a New Jersey workers’ compensation lawyer to help make the process smooth. Read on to understand which soft tissue injuries qualify for workers’ compensation and how you can pursue compensation.

What Are Soft Tissue Injuries?

Soft tissue injuries affect the body’s muscles, ligaments, tendons, and other connective tissues. They affect the soft tissues in our body that connect, support, and surround our bones and organs.

Unlike damage to bones, soft tissue injuries don’t always appear on an X-ray, making them harder to diagnose and treat. They range from mild discomfort to severe, chronic pain that disrupts daily life. Here are the types of soft tissue injuries that may qualify for workers’ compensation.

• Sprains: These occur when the tough bands connecting bones are stretched or torn, mostly from a sudden twist or fall. A sprained ankle from slipping on a wet floor at work is a classic case of a sprain.

• Strains: Strains involve the overstretching of muscles or tendons. Lifting heavy equipment improperly might leave you with a strained back.

• Contusions: Commonly known as bruises, contusions are linked with a direct blow or impact, causing blood vessels under the skin to break. A worker hit by falling tools could suffer this injury.

• Tendonitis: This inflammation of a tendon mostly develops from repetitive motions, like typing or operating machinery for long hours.

• Bursitis: Bursae are small, fluid-filled sacs that cushion joints. Repetitive pressure or overuse, such as kneeling on a hard surface, can inflame them.

• Tears: Tears in muscles, tendons, or ligaments can range from partial to complete ruptures. A torn rotator cuff from repeated overhead lifting is a frequent workplace case.

• Cellulitis: This is a skin infection caused by bacteria that can follow an untreated cut or scrape. It is potentially linked to workplace hazards like dirty tools.

• Lacerations: These injuries happen when skin is subjected to deep cuts from sharp objects or machinery, affecting the muscles or tendons.

• Tenosynovitis: Similar to tendonitis, this condition involves inflammation of the tendon sheath and is usually associated with repetitive hand or wrist tasks.

• Stress Fractures: Though technically bone injuries, stress fractures may occur from soft tissue overuse, such as standing or walking on hard surfaces for extended periods.

Soft tissue injuries can stay far longer than many workers expect, especially when tied to workplace activities. Repetitive strain injuries, in particular, may build up over time, making it challenging to understand exactly when or how they started. Because of their gradual nature and potential for chronic pain, it’s wise to consult a workers’ compensation attorney who can help prove the injury’s connection to your job and fight for your rightful benefits.

Causes of Soft Tissue Injuries at Work

Soft tissue injuries don’t always stem from a single dramatic incident. In many cases, they develop slowly or result from everyday tasks gone wrong. It is vital to have an understanding of how these injuries happen, which can help recognize when your workplace might be to blame.

Some injuries occur suddenly, like a sprain from tripping over cluttered walkways or a muscle tear from lifting a heavy load. Others, like tendonitis or bursitis, emerge after weeks, months, or even years of repetitive motions. For instance, think of a warehouse worker constantly reaching for high shelves or an office employee all day. Poor ergonomics, inadequate training, or unsafe equipment can force awkward posture, leading to a soft tissue injury.

In addition, environmental factors are also linked to work-related soft tissue injuries. These include wet floors, uneven surfaces, or extreme temperatures, which can increase the risk of slips, strains, or overuse injuries. Even stress fractures might trace back to prolonged standing on concrete without proper footwear.

Whatever the cause, the key is establishing that the injury arose from your job duties.

Understanding how your injury occurred and tying it back to your workplace duties is key to building a strong case. Even if the incident seemed minor at the time, any resulting discomfort or limitation should be documented and evaluated by a medical professional. It sets the stage for exploring whether you can claim workers’ compensation, which we’ll cover next.

Can I Collect Workers’ Compensation for a Soft Tissue Injury?

Whether you qualify for workers’ compensation depends on whether your soft tissue injury occurred at work or while performing job-related duties. The core requirement in any workers’ compensation case is that the injury must arise out of the course and scope of your employment.

Therefore, you can collect workers’ compensation for a soft tissue injury as long as it’s work-related. This is because the workers’ compensation system is meant to cover injuries that happen during the course of employment, regardless of fault. That means if you can show the injury ties back to your job, you’re likely eligible.

The challenge with soft tissue injuries lies in proving that connection. A sudden accident, like a contusion from a falling object, is usually straightforward to link to work. However, gradual injuries, such as tenosynovitis from assembly line duties, might face scrutiny from employers or insurance companies eager to deny claims. That is why medical records, witness statements, and a clear timeline of symptoms are key to strengthening your case.

What Is the Worth of My Injury Claim?

The worth of a soft tissue injury claim depends on several factors around the injury. No two cases are identical, so evaluating the components of your claim is the true way to gauge its worth. Some key factors that determine the value of your soft tissue WC claim include the following:

Temporary Disability Benefits

Temporary disability benefits replace lost wages when a soft tissue injury. Most states pay about two-thirds of your average weekly earnings tax-free, though amounts vary based on local caps.

For example, a cashier sidelined for six weeks by a wrist sprain might recover several hundred dollars weekly. Payments stop once you return to work or reach maximum medical improvement. If light-duty work is available and you earn less, benefits adjust to bridge the gap.

Medical Expenses Coverage

Workers’ compensation covers all reasonable medical costs for your soft tissue injury, from doctor visits to surgeries. A construction worker with a severe contusion might accrue thousands in bills, all covered if tied to the job. Insurers may dispute treatments as excessive, so make sure to retain detailed records from your doctor. Without proper documentation, you risk out-of-pocket costs.

Permanent Disability Payments

If a soft tissue injury causes lasting limitations, like reduced mobility from a torn rotator cuff, you may be eligible to obtain permanent partial disability benefits. These are based on a doctor’s impairment rating. Insurers might downplay your condition to limit payouts, so medical evidence is key. Make sure to work with a workers’ compensation attorney who can ensure the rating reflects your true disability so as to secure fair compensation for long-term losses.

Impact of State Laws

State regulations can affect the value of your soft tissue injury claim. For instance, if a state offers higher wage replacement rates, injured workers might secure more in settlement than those whose laws cap the rates. Some states limit temporary disability to 104 weeks, while others extend it for severe cases.

Permanent disability calculations also vary, with each state having its own Disabilities and Maximum Benefits schedule. These differences can mean thousands more or less for the same soft injury claim. That is why it is recommended to retain the services of a local attorney who understands these laws, ensuring your claim aligns with state-specific rules.

Timing and Reporting Issues

Following a soft tissue injury in the workplace, you should act promptly to enhance your claim’s value. Some states, such as New Jersey, require reporting a workplace injury within 90 days. A delay can let insurers argue that your injury is unrelated to work, slashing benefits.

Additionally, get immediate medical care after an injury to build a strong record and boost your case. Note that gaps in treatment raise doubts about severity. Quick reporting and consistent care maximize temporary disability and medical benefits, while late claims risk denial. An attorney can guide you through deadlines to preserve the full worth of your compensation.

Insurer Challenges and Disputes

Insurance companies will scrutinize your soft tissue injury claim. They aim to avoid the claim or reduce the benefits as much as possible. Therefore, it is not uncommon for insurers to claim that your sprain predates your job or doesn’t need extensive therapy. Sometimes, independent medical exams requested by insurers may contradict your doctor, complicating matters.

Such challenges can reduce benefits or lead to denials. However, with strong evidence, your lawyer can counter these arguments. Without it, you might settle for less than what you deserve.

Long-Term Effects of Soft Tissue Injuries

While some soft tissue injuries heal with time and appropriate care, others can lead to lasting complications that impact your daily life and work capacity. In more severe cases, these injuries can result in permanent disability. Long-term consequences may include:

• Chronic pain and discomfort: Persistent soreness or aching that limits daily functioning, even after treatment is completed.

• Permanent reduction in mobility or strength: Lasting weakness or stiffness in the affected area may restrict your ability to perform routine tasks or continue working.

• Increased risk of re-injury: Damaged soft tissue may never regain its original strength, making the area more vulnerable to future injuries.

• Compensatory injuries: Altered movement patterns due to pain or limited mobility may lead to new injuries in other body parts, such as the hips, knees, or back.

• Career limitations or changes: Due to physical restrictions, some workers may be forced to reduce their hours, accept modified duties, or even leave their profession.

These long-term impacts highlight the importance of pursuing a workers’ compensation claim early and thoroughly. With legal representation, you are sure to secure benefits for your current recovery as well as lasting complications that may arise from the injury.

Should I Work With a Workers’ Compensation Attorney?

Hiring a workers’ compensation attorney is necessary for successful soft tissue injury claims. These cases can be challenging, especially when employers or insurers dispute your case. With a lawyer, you can benefit from their strategy, professionalism, experience, and peace of mind.

An attorney will collect evidence to prove your injury’s work-related nature. It includes the following:

• Accident reports
• Coworker statements
• Medical reports 
• Expert testimony 

Without such proof, your claim risks rejection or reduced benefits. Your workers’ compensation lawyer can present a clear, factual case that strengthens your position.

Managing deadlines and paperwork is another area where your attorney can provide support. Workers’ compensation systems come with reporting timelines; missing these can forfeit your claim. Your attorney can manage these administrative demands efficiently and prevent errors that can delay or deny benefits.

Negotiating with insurance adjusters is a task that attorneys are uniquely equipped to handle. Insurers frequently offer settlements that fail to cover long-term medical needs or lost wages from an injury. Without representation, you might unknowingly accept an inadequate amount that leaves your future expenses uncovered. A lawyer understands fair compensation benchmarks and counters low offers with evidence-based arguments.

Another reason to hire a workers’ compensation lawyer is to appeal a denied claim. If an insurer rejects your soft tissue injury claim, a lawyer can request a hearing before a workers’ compensation judge. They prepare a robust case, incorporating expert testimony or additional medical evaluations to challenge the denial.

Get Help With Your Soft Tissue Injury Claim

If you’ve sustained a soft tissue injury at work, don’t let its subtle nature cheat you into delaying action. While you’re entitled to workers’ compensation benefits, securing them requires more than a simple claim form. Your lawyer can help fulfill all the demands of workers’ compensation guidelines to ensure your soft injury qualifies for compensation. Contact your New Jersey personal injury attorney today to evaluate your situation and guide you on the appropriate steps to seek benefits.

A New Jersey workers’ comp attorney discusses the dangers workers face

Logging workers are often among those with the most dangerous jobs in the U.S.

Every year, there are about 111 deaths per 100,000 workers, according to Industrial Safety & Hygiene News. This is 33-times the national fatal accident rate. To reduce injuries and deaths, this year, the Occupational Safety and Health Administration (OSHA) is increasing its enforcement of safety standards on the east coast.

Emphasis on tree worker safety

New Jersey is among the states with regional emphasis programs that increase inspections to reduce workplace fatalities and serious injuries during things like tree removal, trimming, and land clearing.

Recent data was not readily available, but according to state reports, 95 people died doing tree removal or trimming in New Jersey (1990-2015). Many more people were seriously and permanently injured.

Among the riskiest jobs in the tree industry are arborist service providers, ornamental tree and bush planters, and those who do pruning, spraying, and utility line trimming. When people in the tree-working and landscaping industries are injured, it is usually in one of four ways:

• Getting struck by an object, usually by a tree or part of a tree.
• Falling from height to a lower level, typically out of a tree or from a ladder.
• Contact with electric current such as when a tree limb or aerial device comes in contact with a live electrical wire/power line.
• Transportation incidents, such as getting hit by heavy machinery in a work zone.

Safety standards

People in the tree and landscaping industries face many opportunities for injury — heavy machinery, buzzing chainsaws, constant loud noise, huge falling objects, to name a few. That is why it is so important that employers follow best practices and industry safety standards.

In general, employers in these industries must or should do the following to keep their workers safe:

• Maintain safe ladders, stairways, and dock boards.
• Provide fall protection training, equipment, and procedures.
• Ensure safe operation of well-maintained vehicle-mounted elevating and rotating work platforms.
• Warn workers about flammable liquids (e.g., gasoline) and take appropriate safety measures.
• Provide respiratory protection.
• Provide foot and hand protection.
• Make first aid equipment and kits readily available at worksites.
• Protect workers from exposure to toxic and hazardous substances.
• Report fatalities, hospitalizations, and major injuries to the proper authorities.

Legal help is available for injured tree workers

When people are injured within the scope of their work, they have the right to apply for workers’ compensation benefits. Benefits can pay for medical expenses as well as partial wages while the injured or sick worker recovers.

The problem is navigating the workers’ comp system in New Jersey can be complicated, and there is no guarantee that you will obtain the benefits you need and deserve.

At Shebell & Shebell, our attorneys have been helping injured workers in New Jersey for years and understand what it takes to get results. Our law firm is passionate about making sure our clients get the workers’ comp benefits they’re entitled to, which is why we work so hard to get the best possible outcome in each and every case we handle.

To learn more about how we can help you, contact us today to schedule a free consultation with an experienced New Jersey workers’ comp attorney.

Shebell & Shebell, LLC has won an appeal for a ShopRite employee who was hurt at her workplace but later denied workers’ compensation benefits.

On December 11, 2018, Kathleen Walker was walking to her car in the parking lot after finishing her shift at the ShopRite in Neptune, New Jersey. She stepped into a pothole, suffering an injury.

Walker’s claim for workers’ compensation benefits was denied. She appealed, but in 2020 a workers’ compensation judge ruled that she was not entitled to benefits. The judge noted the area in which she parked was not owned or controlled by Saker ShopRites, Inc. and that she had been told by her employer to park in a different area that was designated for employees.

But Walker’s attorney, Mark T. Apostolou, Jr. of Shebell & Shebell, argued that Saker had maintained an employee break area near the site where his client fell. The company also used a nearby sidewalk to hold shopping carts.

Building a strong case for benefits

Walker, who had worked at the location for 25 years, was asked by a supervisor at one point to park out by the street. But she felt it was safer to park in the side lot where she always did, and other employees continued to park in that area.

Attorney Apostolou continued to pursue the appeal and argued Walker was entitled to workers’ compensation benefits for her injury.

A two-judge Appellate Division panel agreed, and in September, the decision to deny workers’ comp benefits for Walker was overturned

The panel noted that under the New Jersey Workers’ Compensation Act, entitlement to benefits is controlled by the “premises rule.” Courts need to consider where the accident occurred and whether the employer had control over that site.

“The accident occurred in the parking lot used by Saker’s customers, employees, and vendors,” the decision said. “Petitioner was walking to her car in the parking lot used by Saker when she sustained her injury. Clearly, this parking lot area was under Saker’s control.”

The panel said that the fact that Walker chose to park in a different area other than the one designated for employees was inconsequential. They noted there was no evidence that ShopRite’s directive to park in a certain area was driven by safety concerns.

Clarification on a complex area of the law

Attorney Apostolou indicated the decision could help other injured workers in the future.

“We are extremely pleased on behalf of Mrs. Walker with the Appellate Division’s decision,” he said. “People are often injured in parking lots they use for work. When the injured person seeks benefits, the workers’ compensation insurance companies routinely try to deny the claims. The Appellate Division’s decision in this case brings clarity to this nuanced subject.”

Our firm has been fighting for injured workers in New Jersey since 1927. We know the impact an injury can have on workers and their families. Our attorneys know the laws and how to navigate claims through the workers’ compensation system to get the results you deserve.

If you’ve been hurt at the workplace, contact us to schedule a free consultation with an experienced New Jersey workers’ compensation attorney.

Amazon has announced a partnership with the National Safety Council to find ways to prevent musculoskeletal disorders (MSDs) – a common injury among its workers that has led to countless workers’ compensation claims in New Jersey and throughout the country.

The Centers for Disease Control and Prevention defines MSDs as “injuries or disorders of the muscles, nerve, tendons, joints, cartilage, and spinal discs.” It notes that work-related musculoskeletal disorders (WMSD) occur when “the work environment and performance of work contribute significantly to the condition” and/or “the condition is made worse or persists longer due to work conditions.”

Examples of MSDs include sprains, strains, pinched nerves, herniated discs, meniscus tears, hernia, and carpal tunnel syndrome.

Warehouse workers and musculoskeletal disorders

The Occupational Safety and Health Administration (OSHA) notes that risk factors for MSDs include “lifting heavy items, bending, reaching overhead, pushing and pulling heavy loads, working in awkward body postures, and performing the same or similar tasks repetitively.”

All of these activities are part of the job for Amazon warehouse workers and not surprisingly, many of these workers have suffered MSDs at the workplace. A new study has found that Amazon warehouse workers are injured at higher rates than workers at other companies.

Amazon has 14 facilities in New Jersey, including a warehouse in Robbinsville.

The Strategic Organizing Center found that in 2020, there were 5.9 serious injuries for every 100 Amazon warehouse workers. That’s nearly 80% higher than the rate of serious injury at warehouses of rival companies.

OSHA notes that job-related MSDs “are among the most frequently reported causes of lost or restricted work time.” Amazon says its 5-year partnership with the NSC will directly address the problem.

“Nothing is more important than the safety of our employees, and this partnership will allow us to dive deep into the best way to reduce MSDs,” said Heather MacDougall, the company’s vice president of worldwide workplace health and safety.

The components of the partnership involve setting up an advisory council, conducting research, providing small business and university grants, setting up innovation competitions, and sharing solutions with other companies.

Injured workers can seek workers’ compensation benefits

An injury puts workers in a tough situation. They need medical treatment, which can be expensive. They may not be able to work for some time, resulting in a loss of income.

The state’s workers’ compensation system is supposed to help injured workers by covering the cost of medical treatment and paying them partial wages while they are out. But in reality, the process can be complicated and overwhelming.

Insurance companies try to pay injured workers as little as possible. They may question the seriousness of an MSD or try to argue that it was not work-related. Injured workers may be pressured into going back to work even if though they are still experiencing pain and have not fully recovered.

If you’ve been hurt while on the job in New Jersey, you need an experienced workers’ compensation lawyer who will fight for all the benefits you’re entitled to receive. Our law firm knows how to build strong cases based on evidence and guide workers through every step of the claims process.

Learn more about how we can help you. Contact us to schedule a free consultation today. Our offices are in Shrewsbury and Freehold, New Jersey.

The Occupational Safety and Health Administration (OSHA) recently released preliminary data for its top 10 most cited violations for 2020. The list remained unchanged from 2019, with one exception — ladder violations rose from No. 6 to No. 5.

It should be of no surprise that these violations are also the leading causes of workplace injuries and deaths. The New Jersey workers’ compensation attorneys at Shebell & Shebell, LLC often help injured workers who have sustained head injuries, back injuries, occupational illnesses, burns, broken bones and soft tissue injuries. If you’ve been hurt on the job, our legal team can help make you whole again.

Below, you’ll find the list of the most cited OSHA violations and how these violations endanger workers. OSHA compiled the data for the list from the 2020 fiscal year.

OSHA’s top 10 violations list

1. Fall Protection – General Requirements (1926.501) – 5,424 violations. Employers must provide protection systems and implement safety guidelines to prevent workplace falls.
2. Hazard Communication (1910.1200) – 3,199 violations. Employers must classify stored hazardous chemicals and communicate classifications, storage information and hazards to employees.
3. Respiratory Protection (1910.134) – 2,649 violations. Employers must take measures to control toxic fumes, dusts, mists, gases, smokes, sprays and vapors. Workers who often breathe in toxic substances develop serious and fatal lung diseases.
4. Scaffolding (1926.451) – 2,538 violations. Employers must ensure that scaffolds are capable of supporting their own weight and at least 4 times the maximum load applied. Failure to do so often leads to serious and fatal falls from heights.
5. Ladders (1926.1053) – 2,129 violations. Under this standard, ladders used on worksites must be able to support at least 4 times the maximum intended load. Extra-heavy-duty type 1A metal or plastic ladders must be able to support at least 3.3 times the maximum intended load.
6. Lockout/Tagout (1910.147) – 2,065 violations. Machines and heavy equipment must be powered off, locked out and tagged out when not in use. When machines aren’t properly secured, workers often sustain serious injuries, such as amputations, burns and electric injuries.
7. Powered Industrial Trucks (1910.178) – 1,932 violations. Under this standard, employers must use powered industrial trucks and vehicles that meet specific design and construction requirements, and are properly maintained and inspected.
8. Fall Protection – Training Requirements (1926.503) – 1,621 violations. This standard requires employers to provide fall protection training to workers who are susceptible to falls. Employees should be able to recognize fall hazards and address them quickly.
9. Personal Protective and Life Saving Equipment – Eye and Face Protection (1926.102) – 1,369 violations. Employers must provide eye and face protection to workers who are at risk of contact with flying particles and hazardous substances. Failure to do so can result in serious eye injuries and even permanent blindness.
10. Machine Guarding (1910.212) – 1,313 violations. Machine guards help protect workers from getting body parts or clothing stuck in machinery. They also prevent parts, chips and sparks from hitting employees.

Contact our New Jersey workers’ compensation and construction site accident attorneys

No matter who was at fault for your workplace injury, workers’ compensation in New Jersey is a no-fault system. That means you must only prove that your injury occurred on the job to be eligible for benefits. Getting workers’ compensation benefits won’t be easy, however. There are several steps you should follow in order to build a strong case. Here’s what we recommend doing:

• Notify your employer in writing as soon as possible, before evidence disappears. Make sure you keep a copy of the incident report.
• Get to a doctor as soon as possible. Mention that you sustained an injury at work. You will also need proof of your medical diagnosis, doctor recommendations and treatment. Be sure to get a copy of your medical record, and save medical bills and receipts.
• Speak to our experienced workers’ compensation and construction site accident attorneys before filing a claim. Filing a claim is often a confusing process, especially for first-time filers. We’ll work with you every step of the way and ensure that your application is error-free.

With law offices in Shrewsbury and Freehold, New Jersey, our legal team is dedicated to helping injured workers get the benefits they deserve. Our consultations are confidential and free of charge. Contact us online or call us to pursue your claim.

There are many workers who spend hours in noisy environments in order to earn a living. According to the Centers for Disease Control and Prevention, an estimated 22 million American workers are exposed to hazardous noise levels on the job each year. In addition, occupational hearing loss has been deemed “one of the most common work-related illnesses in the United States.”

Regular exposure to loud noises can cause wear and tear on the cochlea, which is a receptor organ in the inner ear that is responsible for sending sound signals to the brain. In addition, sudden, loud blasts of noise can rupture the ear drum.

Who is at risk of suffering work-related hearing loss?

The Environmental Protection Agency created a chart of “safe range” and “risk range” decibels (dB). Noise levels at 85 dB or higher fall under the risk range and can be emitted by:

• Heavy city traffic
• Motorcycles
• Snowmobiles
• Chain saws
• Jackhammers
• Rock concerts and symphonies
• Sandblasting
• Ambulance sirens
• Thunder
• Firecrackers
• Firearms

A lot of equipment and machinery that people use at work create noise levels that fall well within the risk range. These are often found on construction sites, in manufacturing plants and warehouses, and in the presence of large commercial trucks. A recent study conducted by the National Institute for Occupational Safety and Health (NIOSH) found that workers in the following service sub-sectors were at a disproportionate risk of hearing loss:

• Administration of urban planning
• Community and rural development
• Workers in the solid waste combustors and incinerators industry

OSHA limits on workplace noise levels

The Occupational Safety & Health Administration has established maximum noise levels (under standard 1910.95) in dB and duration limits on exposure to workers. Here is what’s allowed by law:

• 90 dB – 8 hours
• 92 dB – 6 hours
• 95 dB – 4 hours
• 97 dB – 3 hours
• 100 dB – 2 hours
• 102 dB – 1.5 hours
• 105 dB – 1 hour
• 110 dB – 30 minutes
• 115 dB – 15 minutes or less

The NIOSH ‘Hierarchy of Controls’

Employers can protect their workers from occupational hearing loss by following the ‘Hierarchy of Controls’ established by the NIOSH. The most effective measure is eliminating unnecessary noises by physically removing the hazard. Employers can also consider these helpful, but less effective measures:

• Purchasing equipment and tools that emit less noise
• Isolating workers from hazardous noises
• Placing time limits on noise exposure
• Purchasing personal protective equipment for workers, such as earplugs and earmuffs.

Getting workers’ compensation benefits for occupational hearing loss

Occupational hearing loss often impacts a worker’s ability to perform their job and communicate with others. Workers may also experience prolonged ringing in the ears (tinnitus), which can affect their concentration and ability to sleep. For some workers, the impact is so severe that they can never perform the same job duties again.

If you sustained noise-induced hearing loss at work, you may be eligible for workers’ compensation benefits. In New Jersey, workers’ compensation is a “no fault” system, so you don’t have to prove that negligence led to your condition. At the same time, you will need to prove that your work environment caused your hearing loss.

Insurance companies often try to downplay workers’ compensation claims involving hearing loss. They may argue that your condition was linked to other causes and not related to your job. The New Jersey workers’ compensation attorneys at Shebell & Shebell, LLC can gather evidence to prove that your hearing loss was work-related. We can also advocate for a fair settlement to cover your current and future medical expenses and lost wages.

Our law firm has been fighting for the injured since 1927. With offices in Shrewsbury and Freehold, New Jersey, we offer free and confidential legal consultations to hurt workers in Monmouth and Ocean counties. To get started, contact us online or call us.