According to a statistics gathered by the Centers for Disease Control (CDC), automatic nailers or nail guns are responsible for nearly 40,000 ER visits every year. But the risk is not limited to construction workers. The CDC found that almost a third (32%) of annual nail gun injuries are sustained by consumers.

Nail guns are generally one of two types: contact nail guns or sequential nail guns. With a contact nail gun, there’s a spring loaded safety mechanism at the tip of the “barrel.” You can hold down the trigger and the gun will automatically fire when you make contact with something, as it will disengage the safety mechanism. With a sequential gun, you must first depress the safety mechanism and then pull the trigger. If you have already pulled the trigger and try to depress the safety mechanism, it won’t work. Not surprisingly, the CDC found twice as many injuries involving contact guns.

The Principal Causes of Nail Gun Injuries

Researchers found a number of causes of nail gun injuries:

  • Unfortunately, in many instances, people are hurt because they have bypassed or permanently disengaged the safety mechanisms
  • It’s not uncommon for a gun to double fire, with the second nail coming out after the gun has been pulled away from the board
  • A nail can ricochet off a metal surface or even a knot in a board
  • A framing nail can easily penetrate a stud, causing injury if a worker’s hand is on the back side of the board
  • A worker may accidentally push the gun against a leg, hand or other body part
  • A worker may miss the board, even though the safety mechanism has been depressed

Contact the Law Office of Taylor & Boguski

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact us online or call us at 856-200-8989.

Seven construction workers were injured in a Hackensack scaffolding collapse in early December—three critically. Authorities say the workers were performing repairs on the roof of an apartment complex on Tracy Place around 3:30 in the afternoon when the scaffolding fell. There were six workers on the scaffold at the time it collapsed. The workers fell approximately 45 feet to the ground.

The accident occurred at an apartment complex known as ‘The Brookdale’, which has approximately 200 apartments in 10 buildings.

According to witnesses, the scaffold was a makeshift one. One neighbor, who declined to be identified, said that it wasn’t “a real scaffolding,” but was “jerry-rigged” together with ladders and planks. The neighbor said the way the system was set up, it did not seem reasonable that it could support the weight of all the workers. Authorities confirmed that no permit had been pulled to do the work on the roof. Both OSHA and the Bergen County Sheriff’s Bureau of Criminal Identification reportedly came to the site for an investigation.

Under state and federal laws and regulations, building owners and general contractors have to take certain steps to minimize the risk of injury to workers. Specifically, when workers are employed at levels above the ground, they must be provided with adequate safety equipment, which may include:

  • Properly installed scaffolding
  • Safety harnesses or hoists
  • Well-maintained and sufficient ladders

Witnesses said that the “scaffold” setup at the apartment complex consisted of so-called “ladder jacks” holding walk-boards between two extension ladders. Preliminary investigations indicated that there were no rails on the scaffolding, and that the workers did not have safety harnesses or similar devices. Authorities believe that the workers, who were unsupervised at the time, exceeded the weight limit of the walkboard.

Contact a Workers’ Compensation Lawyer Today

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people – including workplace accidents and construction accidents – throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

TBI and Psychiatric Disorders – New Jersey Personal Injury

Traumatic brain injury and psychiatric disorders are common in people who have been injured in car accidents, construction site accidents, workplace accidents, and other types of accidents. Despite the frequency of this type of brain injury, a closed head trauma can be challenging to diagnose, at least initially.

Many people who have been involved in crashes that have involved a blow to the head often seem perfectly normal after the crash, especially if the injury has not penetrated the skull. However, inside the skull, the brain is telling a different story.

TBI Inside the Brain

What’s happening inside the brain may be swelling of the brain, bruising of brain tissue, and internal bleeding inside the brain, brain lacerations, or nerve damage. While about two-thirds of the nearly 1.7 million individuals in the U.S. who suffer from a TBI each year do recover, some 125,000 victims experience permanent brain damage.

Personality Changes and TBI – Psychiatric Problems

People who have suffered TBI may not notice their own changes, but their loved ones will. They may begin to act out of character, sometimes alarmingly, heartbreakingly so. Symptoms can include:

  • Poorer social functioning
  • Depression, sometimes severe depression
  • Bipolar disorder
  • Dramatic shift in sexual functioning
  • Decrease in ability to concentrate or to be satisfied
  • Memory problems
  • Extreme emotions
  • Obsessive compulsive disorder
  • Anger management issues

Examples include a person who is normally responsible and very controlled in his behavior may become obnoxious, impulsive, and irresponsible. A married woman who has always been loyal to her mate may become sexually promiscuous. Another person may become very emotional where before he was generally calm and centered. A heretofore well-balanced person may experience depression.

TBI Statistics

In the U.S. 50,000 people die each year from TBI, with 235,000 being hospitalized, and 1.1 accident victims being treated and released from emergency rooms each year.

If you or a loved one has suffered a closed or open head injury as a result of a car crash or other accident that was not your fault, you might have a legal basis to recover compensation that can pay for your treatment, and damages related to pain and suffering.

See a Lawyer Who Helps the Injured: 800-404-5299 or 856-234-2233

Discuss your concerns and learn your rights by scheduling a free, private consultation with an experienced attorney at the southern New Jersey law firm of Taylor and Boguski, in Mount Laurel, NJ. Our practice is focused on helping the injured. In particular, we have extensive experience working with clients who have suffered traumatic brain injury. Please call 800-404-5299 or 856-234-2233 or contact us online.

Construction Vehicle Accidents and Personal Injury – New Jersey

An average of 1000 construction workers die in accidents on construction sites each year. A full 15% of workers’ compensation costs are related to workers injured on construction sites. Construction vehicle accidents play a significant role in some of the most deadly of accidents on construction sites and on southern New Jersey roads.

Preventable Construction Vehicle Accidents

Sadly, a great percentage of construction vehicle accidents and ensuing injuries are preventable if safety rules are followed. Minor mistakes or carelessness can lead to serious accidents and injures such as:

  • A worker started walking between a backhoe’s swinging bucket and a concrete wall. The worker was approaching the area from the backhoe operator’s blindside. The backhoe operator did not see the worker and the big metal bucket struck the worker, crushing him against the cement wall.

    Had the employees been trained in minimal safety work procedures or had the area been fenced off as hazardous, the tragic construction accident would never have happened.
  • A bulldozer operator was driving at the top of a slope. The dozer started to slide sideways down the slope, which was ice-covered. It tipped over and pinned the driver under its roll bars. The driver had not been wearing a seat belt. The seatbelt may have prevented him from getting pinned.
  • A driver of a tractor was driving up a loading trailer. The driver had not centered the tractor and the wheels started sliding off the side and the tractor began tipping over. The driver jumped out, but the rollover structure that was supposed to protect him crushed him instead. Again, had the time been taken to center the tractor before attempting to drive up onto the lowboy trailer, tragedy may have been prevented.

Injured in a Construction Vehicle Accident? Speak With Experienced NJ Work Comp and Personal Injury Attorney

At the law office of Taylor and Boguski, we fight for the rights of the injured and those who have lost loved ones in construction vehicle crashes, work accidents, and other types of accidents. To discuss your concerns and learn how we can help, schedule a free, private consultation with an attorney in Mount Laurel, New Jersey, office today. Please call 800-404-5299 or 856-234-2233 or contact us online.

Seeking Worker’s Compensation for an Occupational Disease

Under the laws of the state of New Jersey, if you are injured on the job, and you are not an exempt employee, you must seek financial recovery for any losses through the state’s workers’ compensation system. An injury need not, however, be the result of a single traumatic event, such as a fall or the malfunction of machinery. You can seek compensation for any illness that arises because of your job or occupation. This blog post addresses the subject of occupational illness, identifying those circumstances where you have a right to file a workers’ compensation claim for a disease.

In occupational disease claims, it is typical that individuals working in the same area, exposed to the same conditions, will show symptoms of the same illness or disease. Under the laws of most states, there is a presumption that a disease is caused by conditions at work, and the burden of proof is on the employer to show otherwise.

Types of Occupational Disease Claims

The most common types of occupational diseases leading to workers’ compensation claims are lung and skin related conditions. Lung disease may result from exposure to particles in the air, whether inside or outside. In many occupations, where workers have been exposed to asbestos, workers’ compensation claims for asbestosis have been frequent. Black lung, silicosis and occupational asthma claims are also common in industrial workers.

Many modern work sites involve the use of chemicals and chemical compounds. Accordingly, certain occupations, such as hairdressing, golf course maintenance, printing and motor vehicle repair, involve regular concerns about skin or other diseases.

Other diseases that can be covered under state workers’ compensation laws include:

  • HIV or AIDS among medical workers exposed to the virus
  • Allergic reactions
  • Heart conditions or heart attacks resulting from stress or other conditions

With an occupational disease, if you had a condition prior to your employment that is aggravated by the work you do, you will typically be unable to recover workers’ compensation. For example, if you had a skin condition when you started your employment, and the work you are currently doing is aggravating that condition, you will not be able to recover workers’ compensation benefits if you can’t work.

Contact the Law Office of Taylor & Boguski

To schedule a free initial consultation with experienced New Jersey family law attorneys, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

Workers’ Compensation—Different Types of Petitions

If you have been hurt at work in New Jersey, you will most likely be required to seek monetary recovery for any losses through the state’s workers’ compensation system. The process can be complex and confusing, though. This blog post identifies the different types of petitions that can be filed during the course of an application for workers’ compensation benefits.

An Informal Claim Petition

If you are involved in a dispute with your employer regarding compensation for a work-related injury, you can file a petition or application for an informal hearing. This hearing will be scheduled before a judge of compensation. The hearing with the compensation judge is designed to help you avoid litigation regarding your right to compensation, as litigation will typically be a more involved and time-consuming process. A wide range of issues can be addressed at an informal hearing, from the permanency of benefits to the amount of temporary benefits, as well as payment for any medical treatment.

Just because you file an informal claim petition does not mean that you cannot later file a formal petition. Any statements or offers you make during the course of the informal hearing will not be binding in subsequent proceedings. You can secure legal counsel to represent you in an informal hearing, but it is not required. If you do retain legal counsel, you will be responsible for paying your own legal fees.

A Formal Claim Petition

You can also file a formal claim petition with the New Jersey Workers’ Compensation Division. This must be done within two years of your injury. Your case will typically be assigned to a district office of the Workers’ Compensation Division in which you live, or where the employer is located. In most instances, your first hearing will be within six months of the filing of your petition.

When you file a formal claim petition, you can also file a motion for medical and/or temporary benefits. This will allow you to receive some compensation while your claim is being resolved.

Occupational Injury Petitions

Though most workers’ compensation claims are based on traumatic accidents, where you suffered an injury because of a specific event, you can also seek benefits for a work-related illness, known as an occupational disease. An occupational disease can include a repetitive stress injury, or it can stem from exposure to chemicals or other substances, leading to cancer, heart disease or other malady.

Contact the Law Office of Taylor & Boguski

To schedule a free initial consultation with experienced New Jersey family law attorneys, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

The Difference between Permanent Partial Disability, Permanent Total Disability, and Temporary Total Disability

If you have been injured on the job in New Jersey, you may pursue benefits for your injuries through the state’s workers’ compensation system. Under state law, recovery for injuries caused by the negligence or wrongful act of your employer or a co-employee is limited to benefits available through a workers’ compensation claim. If, however, you are hurt because of the careless act of a third party, such as the driver of a vehicle, or the manufacturer of dangerous or defective equipment, you may be able to seek damages in a personal injury lawsuit as well as pursue a workers’ compensation claim.

The workers’ compensation statutes are set up to pay benefits based on the type of injury. Benefits can be temporary or permanent, and the disability caused by your injury can be partial, preventing you from performing specific tasks; or it can be total, making it impossible for you to work at all. If any injury prevents you from working temporarily you may be eligible for temporary total disability benefits. After you have been determined to have reached maximum medical improvement (MMI) for the injury you may be eligible for a permanent partial or permanent total disability award.

What Is Permanent Partial Disability?

The most frequent type of workers’ compensation claim is one for a permanent partial disability (PPD). The injury is considered to be permanent when it is determined that you will never fully recover from it. It is considered to be partial when it prevents you from conducting all tasks required of your job, or from working at full capacity. Such an injury can result from a traumatic accident, or from an occupational illness.

There are a wide range of injuries and illnesses that will qualify you for PPD benefits. Some common work related permanent partial disability injuries are:

  • Back injuries
  • Permanent loss of vision or hearing
  • Shoulder, hip, knee, elbow or other joint injury
  • Amputation or loss of limb
  • Repetitive stress syndrome

The amount of benefits you can receive in a PPD claim is typically based on the degree to which you injury limits your ability to work, know as your disability rating.

What Is Permanent Total Disability?

If the work related injury renders you totally permanently disabled you may be eligible for permanent total disability (PTD). In order to receive PTD benefits a person must be totally disabled and unable to return to gainful employment.

If you are totally disabled as a result of a work related accident you may be eligible for benefits for the remainder of your life.

What Is Temporary Total Disability?

You can seek temporary total disability (TTD) benefits when you are either temporarily unable to return to work because of an injury or illness, or your doctor authorizes you to return to lighter duty work, but your employer has no such work for you. Typically, you are entitled to TTD benefits until you have physically recovered and are able to return to work full time, or your employer is able to put you back to work at doctor-approved tasks.

Examples of injury or illness that can make you eligible for TTD include:

  • Broken bones that make it impossible to work
  • Sprains, strains or muscle pulls, particularly in your back or knees

To schedule a free initial consultation, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

Construction Accidents, Third Party Liability, and Workers’ Comp

Mount Laurel Third Party Construction Accident Attorneys

While workers’ compensation covers medical costs for work – related construction accident injuries, it doesn’t always cover lost wages or pain and suffering. That’s important to remember in cases where construction accident injuries involve negligence on the part of a contractor or subcontractor other than your employer. In fact, it’s not uncommon for painters, electricians, carpenters, drywallers, and concrete workers to come and go, each working for a different employer. As a result, it’s not uncommon for certain safety violations to occur, resulting in construction site accident injuries that incur costs beyond what workers’ compensation can cover.

Third Party Liability and Construction Site Accidents

If you’ve been injured due to negligence on the part of a contractor or subcontractor, your employer’s worker compensation should cover most of your initial medical costs. However, if your injuries are serious and result in partial or long-term disability, workers’ compensation may only cover a portion of the total financial impact of your injuries. For instance, serious head trauma, spinal cord injuries, burns, or amputations often involve pain and suffering and long-term costs that exceed what you can recover through workers’ compensation benefits.

Holding Third Parties Legally and Financially Liable for Your Injuries

A negligent electrician, backhoe driver, crane operator, welder, or carpenter isn’t going to volunteer information regarding their negligence. As a result, you’ll need to work with an experienced construction accident attorney who has access to the necessary investigative resources needed to expose OSHA violations and departures from New Jersey state law governing everything from the use of ladders, scaffolding, asphalt, electrical work, drywall, concrete, and heavy equipment at construction sites. This involves collecting eyewitness statements, reviewing company records, collecting evidence from the scene of the accident, and reconstructing what happened.

Contact Mount Laurel Construction Accident Attorneys at Taylor & Boguski

If you’ve been injured in a construction site accident, there may be other considerations beyond what your workers’ compensation benefits will pay. If your injuries were caused in part by the actions of a third party, you may be able to collect additional compensation to offset the long-term financial consequences of your injuries.

To discuss your case and learn more about our personal injury practice and how we can help you, contact Mount Laurel construction accident injury attorneys at Taylor & Boguski today.