Posted on September 3rd, 2010
The New Jersey Appeals Court ruled that a construction worker can sue their employer after a ditch collapsed on the man.
This lawsuit was originally dismissed in 2004, but was brought back to court when OSHA determined that the collapse of a 20-foot ditch was to be considered a ‘willful violation.’ The accident occurred when the man was installing a retention pond while working with James Construction Co.
The man was one of six other employees that was installing fabric to the bottom of the trench. The man was then told by his employer to enter the trench and then it caved in, burying the man. Investigators originally faulted the man for not wearing the correct safety devices. The court originally said that the man could not sue his employer, but has recently overturned the decision.
If you or a loved one has been injured on the job, contact the New Jersey workers compensation lawyers of Levinson and Axelrod, P.C. by calling 800-346-5529.
Posted on July 2nd, 2010
WCAX reports that “A new law stiffens penalties for businesses who don’t carry [workers' compensation] insurance, or who misclassify workers.”
This is part of a Vermont Department of Labor effort to make sure companies not only have workers’ compensation insurance, but are carrying the right kind as well.
“The state labor commissioner, Patricia Moulton Powden, says the law is targeted toward businesses that try to lower costs by classifying employees as independent contractors,” writes WCAX.
Powden says that having the right insurance is a smart choice. An employer could stand to lose everything in a civil law suit if he does not carry workers’ compensation insurance.
According to WCAX, noncompliance among businesses will result in a high fine and inability to bid on any state contract for three years.
If you or someone you know has been injured in the workplace, call the New Jersey workers’ compensation lawyers at 1-800-34-NJ-LAW to help you collect on your Workers’ Compensation benefits.
