Personal Injury Law Journal

New Jersey Smart Drivers Pledge2Win

Stark & Stark — Thu, 23 May 2013 16:27:33 -0500

In recognition of Motorcycle Safety Awareness Month during the month of May, the Brain Injury Alliance of New Jersey will launch the Share the Road Pledge Campaign. This campaign is to encourage drivers to do their part in saving the lives of motorcyclists and help make our roads safer for everyone.

The Share the Road Pledge allows drivers to enter into the 2013 Pledge2Win contest with a chance to win up to $500 in gas cards!

To view the Pledge2Win flyer, click here.

For more information and to pledge online, visit njsmartdrivers.org/pledge2win.

First Responders Occupational Exposure Bill Passes Both Houses of the New Jersey Legislature

Arthur H. Kravitz — Tue, 21 May 2013 10:29:26 -0500

On May 20, 2013, the New Jersey State Assembly by a vote of 53-19-4 passed the Thomas P. Canzanella Twenty First Century First Responders Protection Act previously passed by the State Senate. Named for the Deputy Chief of the Hackensack Fire Department and President of the Professional Firefighters Association of New Jersey, the Bill would extend protections to First Responders by creating rebuttable presumptions that exposures to known carcinogens, pathogens, biological toxins as well as serious communicable diseases are considered work related thereby shifting the burden of proof of the employer to show that these conditions were not a part of the employment. Such a Bill would make it easier for First Responders to receive workers’ compensation benefits.

The Bill is wide ranging in scope covering both paid and volunteer police and firemen, state police, first aid and rescue, nurses, medical technician, correctional facility employees and other medical personnel. It would require clear and convincing proof that conditions such as exposure to hazardous chemicals or known carcinogens or pathogens are not related to the employment in order to relieve the employer of responsibility for these conditions.

Specifically for firefighters there would be a presumption to that a firefighter who was on the job five or more years who develops cancer, would be eligible for workers’ compensation benefits. Given the growing evidence that firefighters risk exposure to known carcinogens, this Bill represents a welcome recognition of those risks. It would also ensure that public safety workers and medical personnel who receive small pox or other vaccinations voluntarily in response to an actual or threatened bioterrorism or epidemic would be covered for any illness caused by those vaccinations. Passage of this legislation places New Jersey among 24 other states that grants firefighters a presumption in the event that they contract cancer.

The Bill next goes to the Governor to sign or veto.

Attorney Michael A. Brusca Authored Article in US1

Stark & Stark — Fri, 17 May 2013 14:50:18 -0500

Stark & Stark attorney Michael A. Brusca in the firm’s Nursing Home Litigation Group authored the article “Pressure Ulcers- Catastrophic Negligence,” published in US1 on May 15, 2013. The article discusses pressure ulcers, or bed sores, which many patients of nursing homes, asssisted living facilities, hospitals, group homes and rehab facilities develop.

Mr. Brusca how pressure ulcers are developed, as well as what needs to be done to prevent them, as they can be lethal if left untreated.

Mr. Brusca explains, "Pressure ulcers are evidence of neglect. In fact, Medicare will not may for pressure wounds a patient develops in the hospital if the wound goes past Stage III- Medicare believes these should never happen absent neglect." One of the issues many care facilities face is minimum staffing levels. "Unfortunately, in these scenerios there is insufficient staff to make sure residents are appropriately repositioned and kept clean and dry. The terrible outcome is pressure ulcers."

To read the full article, click here.

Attorney Michael A. Brusca Authored Article in New Jersey Law Journal

Stark & Stark — Thu, 09 May 2013 10:56:13 -0500

Stark & Stark attorney Michael A. Brusca in the firm’s Nursing Home Litigation Group authored the article “Assisted Living Facility Litigation: An Overview,” published in the New Jersey Law Journal on May 6, 2013. The article discusses how and why assisted living facility (“ALF”) litigation is on the rise.

Mr. Brusca explains that ALFs have become profitable for investors, which creates natural tension “especially when profit may be increased by decreasing staff levels and competence.” There is a lack of a uniform and specific regulatory structure amongst ALFs, which could potentially lead to a significant variation in levels of care and service.

Mr. Brucsa states, “ALF litigation is on the rise, and there is no inclination that this trend is likely to reverse. However, understanding how to properly handle these complex claims is important to protecting your client’s rights.”

To read the full article, Click Here.

Distracting Digital Signs and Billboards

Stephen M. Di Stefano — Wed, 08 May 2013 08:33:57 -0500

Almost anyone who has driven on a major highway in the US has seen some version of a digital billboard in use. In the Garden State, digital signs and billboards have become commonplace, giving information on everything from traffic conditions to Silver Alerts. These signs often display several screens of flashing information. I’ve often wondered if they contribute to motor vehicle crashes due to the fact that drivers must often divert their attention from the road in order to read them. Well, a recent study conducted by researchers at the Swedish National Road and Transport Research Institute and published in the journal of Traffic Injury Prevention concludes that such signs attract and hold the gazes of drivers for significantly longer than a threshold that prior studies had already shown to be dangerous. The current study found that drivers looked at digital billboards for much longer than they looked at other signs on the same stretch of road. The study found that digital signs often took a driver’s eyes off of the roadway for more than two seconds.

Think this is not a threat to traffic safety? A study conducted in 2006 by Virginia Tech for the National Highway Traffic Safety Administration showed that anything that takes a driver’s eyes off of the road for more than two seconds greatly increases the risk of a crash. The same study also concluded that nearly 80% of all crashes involved driver inattention just prior (within three (3) seconds) of the crash. The researchers concluded that digital billboards “have the potential to keep up the driver’s curiosity over an extended period of time.” The Swedish researchers noted that the findings are not all that surprising because the signs are brighter and visible from greater distances, and they display a constantly-changing series of advertisements. After the study’s release, the Swedish government ordered the removal of all digital billboards. In the US, the use of digital signs and billboards on roadways continues to grow.

When driving, always be safe and obey all rules of the road. Do not let yourself be distracted by anything. Otherwise, you could cause a car accident.

Have you been injured as a result of a driver who caused a car accident because he or she was looking at a road sign or who was distracted by a digital billboard? Call me to discuss your situation. Any call to me or consultation is free of charge.

How Are Wages Calculated in Workers' Compensation Cases?

Marci Hill Jordan — Fri, 03 May 2013 08:26:16 -0500

While an injured worker is out of work under the care of an authorized workers’ compensation physician they are entitled to be paid 70% of average weekly wages if they miss work for more than seven days. There is always a lot of concern and disagreement over the calculation of the average weekly wage. Most workers’ compensation attorneys rely on a calculation where the 26 weeks of wages prior to the accident are averaged and multiplied by 70% to calculate the weekly temporary disability rate. A careful reading of the statute below shows that the 26 week average rate only applied to employees performing piece work, a type of work that is not very common nowadays, not to the average hourly employee.

The statue governing the calculation of wages and rate for worker's compensation in New Jersey is N.J.S.A. 34:15-37. This section of the statute states in part the following:

"Wages," when used in this chapter shall be construed to mean the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the accident. Where prior to the accident, the rate of wages is fixed by the output of the employee, the daily wages shall be calculated by dividing the number of days the worker was actually employed into the total amount the employee earned during the preceding six months, or so much thereof as shall refer to employment by the same employer. When the rate of wages is fixed by the hour, the daily wage shall be found by multiplying the hourly rate by the customary number of working days constituting an ordinary week in the character of the work involved; providing however, if the employee worked less than the customary number of working days constituting an ordinary week in the character of the work involved, the weekly wage for the purposes of compensation under provisions of R.S. 34:15-12a only shall be found by multiplying the hourly rate by the number of hours of work regularly performed by that employee in the character of the work involved.

Therefore it is clear that for hourly employees, the correct way to calculate wage and rate is to determine the customary work week, and the normal rate of pay and multiply to calculate a weekly wage. The above section of the statute seems fairly clear, however there are always important issues that come up in calculating the wage and rate in workers’ compensation cases. The wage and rate effect temporary and permanency weekly payments, For any questions regarding the New Jersey workers’ compensation statute please contact Stark and Stark.

Shareholder Carin O'Donnell to Present Pennsylvania Bar Institute Seminar

Stark & Stark — Mon, 22 Apr 2013 13:00:14 -0500

Stark & Stark Shareholder Carin O’Donnell will be presenting at the seminar “How to Conduct am Effective Direct and Cross Examination,” through the Pennsylvania Bar Institute. The seminar will be held at the PBI Conference Center in Mechanicsburg, PA on Tuesday April 23, 2013 at 9:00am, and at the CLE Conference Center in Philadelphia, PA on Tuesday, April 30, 2013 at 9:00am. Attendees can earn up to three substantive CLE credits and one ethics CLE credit.

The seminar will discuss the must-do approaches and the pitfalls to be avoided when questioning a witness in a mock direct and cross-examination. Attendees will learn how to capture the attention of everyone in the courtroom and discover how to enhance the impact of a witness’s testimony and get the desired effect on the court and/or jury. Topics that will be covered include the beneficial questioning of witnesses, overcoming evidentiary issue hurdles, keeping the rapt attention of your audience, preparing your witness to present their “story”, and organizing and structuring your performance in the courtroom.

For more information, including details about tuition, click here.

Inspecting Home and Business Lights after Daylight Savings Time

Stephen M. Di Stefano — Mon, 08 Apr 2013 10:42:37 -0500

Now that daylight savings time is well upon us, it is important to remind you to make sure that you have adjusted your outside lights to compensate for the extra darkness in the morning. This is especially important for business owners and homeowners. Most people forget that we suddenly get an extra hour of darkness in the morning when the clocks are moved ahead by the one hour for the time change. This can mean that public areas that previously were illuminated at a designated time now might be dark for an extra hour unless the owner makes sure to adjust the timer for the outside light. If this seems trivial, it’s not.

I have heard of many cases where pedestrians have been severely injured by hazards in public walkways and stairways because the areas were darkened due to a light that did not turn on in the morning at the proper time. If the lights had just been adjusted to compensate for the extra hour of darkness in the morning as a result of the time change, many of these unfortunate incidents would not have happened. The same holds true for when daylight savings time ends. At that time, outdoor lighting should be adjusted to compensate for the extra hour of darkness in the late afternoon. You should regularly inspect your property during daylight hours and nighttime hours to look for anything that could be hazardous to pedestrians. The nighttime inspections are important to determine whether outside and perimeter lights are working properly and also to determine whether there are any hazards that would not be uncovered during a daylight inspection of the premises. With regard to these inspections, it is always better to be safe than sorry. The extra effort involved in making sure your outside area is safe for pedestrians is well worth it, especially if it prevents someone from getting injured at the property.

If you or someone you know has been injured as a result of a dangerous condition due to faulty outdoor lighting at someone’s property, give us a call right away. We can help you if you are hurt as a result of someone else’s negligence.

Stephen Di Stefano is an attorney in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Di Stefano.

Department of Transportation's Federal Motor Carrier Safety Administration News

Stark & Stark — Fri, 05 Apr 2013 09:08:31 -0500

Please click the following links for recent news stories from the Department of Transportation's Federal Motor Carrier Safety Administration:

Workers' Compensation for Cardiovascular and Cerebral Injuries

Alfred P. Vitarelli — Fri, 29 Mar 2013 09:23:21 -0500

What are the factors a court will review in deciding if an on-the-job heart attack is compensable?

The New Jersey Workers' Compensation Act has a specific provision addressing cardiovascular and cerebral vascular (stroke) injuries. Section 7.2 of the Act provides, "In any claim for compensation for injury or death from cardiovascular or cerebral vascular causes, the claimant shall prove by a preponderance of the credible evidence that the injury or death was produced by the work effort or strain involving a substantial condition, event or happening in excess of the wear and tear of the claimant’s daily living and in reasonable medical probability caused in a material degree the cardiovascular or cerebral vascular injury or death resulting therefrom."

"Material degree" means an appreciable degree or a degree substantially greater than de minimus.

Obviously this is one of the more difficult areas of Workers’ Compensation law, and a worker who suffers a heart attack on the job should consult a qualified workers' compensation attorney. A key issue here is the work effort was and whether it was in excess of the worker’s daily living. Our courts have interpreted this not as a comparison of the work effort at the time of the attack but rather a comparison of that work effort with the wear and tear of the person’s daily living outside of work.

A second important point to consider are the medical proofs available. What was the worker’s health before the attack? How much time passed between the work effort and the attack? Obviously these complicated issues should always be handled by a qualified workers' compensation attorney such as those here at Stark & Stark.

Alfred Vitarelli is a Shareholder in Stark & Stark's Marlton, New Jersey office, concentrating in Workers’ Compensation Law. For more information, please contact Mr. Vitarelli.