Governor Murphy Signs Legislation to Protect Essential Workers

On Monday, September 14, Governor Phil Murphy signed into law a bill that would make it substantially easier for essential workers who contracted Covid-19 to collect workers’ compensation benefits.  The law effectively changes the burden of proof for an essential worker to show that he or she contracted the coronavirus at work.

Ordinarily, an injured worker in New Jersey bears the burden of proof to establish that their illness was due to an exposure which occurred at work.  However, under the new law, an essential worker is presumed to have contracted the coronavirus at work.  The burden then shifts to the employer to prove that the worker did not get ill due to exposure at work.

The bill states that those who are covered are workers who provide necessary and vital services to the public. It was sponsored by Assembly Democrats Thomas Giblin, John Burzichelli, Carol Murphy, and Joann Downey. “These dedicated workers have heroically stepped up and put their health on the line in order to help their fellow community members get through this unprecedented crisis,” said Thomas Giblin.

New Jersey has been hit exceptionally hard during the outbreak. At the peak of the crisis in early spring, hospitals around the state ran dangerously low on personal protective equipment, or PPE, and even resorted to reusing N-95 masks. On April 14, the state saw a peak of 8,065 hospitalizations due to the virus. Holy Name Hospital in Teaneck was at the epicenter of the pandemic, and in order to make room for incoming coronavirus patients, they were forced to convert the whole hospital into intensive care units, including using outdoor tents to fit patients.

Not surprisingly, the overwhelming number of cases took its toll on healthcare workers, including doctors, nurses, and first responders, many of whom became ill themselves.  This new law signed by Governor Murphy will provide benefits to those individuals and many other workers deemed essential under the law.

Steve Cohen, Esq., Chairman of Davis, Saperstein & Salomon, P.C.’s Workers Compensation Department, has decades of experience helping individuals who have been injured or have become ill while on the job. The New Jersey Workers’ Compensation Act provides for related medical treatment to the injured worker, money while they cannot work due to the illness or injury and an award of money for the injured workers’ permanent injury.

To learn more about workers’ compensation, please contact Steven Cohen at 201-444-4444, ex. 1473, or email steven.cohen@dsslaw.com.

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New Jersey Nursing Home Abuse & Neglect Shockingly High

Elderly abuse is a shockingly common occurrence throughout the United States, with much of this abuse occurring within the walls of nursing homes – a place where the most vulnerable go in a time of need. How common are cases of abuse and neglect in nursing homes in New Jersey? According to a new report, it is exorbitantly high.

When a loved one is moved into a nursing home, it often signifies the end of a person’s independence and ability to care for themselves. Families expect nursing home aides and staff to have the residents’ best interests as heart and to provide quality medical care with compassion and kindness.

On August 20, 2020, the US Department of Health and Human Services’ Office of the Inspector General released a report stating that nursing homes throughout New Jersey have not been following proper protocol in reporting cases of abuse and neglect.

The information in the 2016 report, gathered from 4,402 hospital claims that were paid by Medicaid, revealed that:

311 Medicaid hospital claims represented incidents of potential abuse or neglect

220 claims were the result of potential abuse or neglect that nursing facilities did not investigate and report to the state Health Department

Conclusions could not be drawn with 616 claims because nursing homes did not provide sufficient documentation

General neglect is a huge concern for residents and their families. A notorious sign of nursing home abuse and neglect are bedsores, which form when too much pressure is pushed on one side of the body. This usually occurs in the elderly and those who are bedridden. It is the responsibility of the nursing home aides and staff to make sure the patient changes position several times a day. If left untreated, bedsores become open wounds and can lead to infection throughout the body and even cause death. Some of the worst cases of bedsores have spread into the patient’s bones. According to the newly released report, one of the most common injuries that led to patients being hospitalized was “stage 4” bedsores. Others included injuries from falling and sepsis.

The report also found that one in four New Jersey nursing homes were short staffed, which could be a major factor in the lack of reporting medical issues. State inspectors should be more vigilant of evidence and reporting of abuse and neglect, according to the Inspector General. In 2017, New Jersey enacted Peggy’s Law, which requires workers at state-regulated nursing homes to immediately report any suspected signs of abuse and neglect. The law is named for Peggy Marzolla, who, at 93, succumbed to injuries she sustained while living in a Brick, New Jersey nursing home, including broken cheekbones, a broken eye socket, and more.

Every nursing home resident and their family have the right to seek justice if any harm is brought upon them while under someone else’s care. Anyone – including family members, friends, patient advocates, nurses and so on – can file an elder abuse complaint in New Jersey. If a person has been injured, the Statute of Limitations to file is two years from the injury date. However, under certain strict rules, this limit can be extended under the “discovery rule.” It is important to know that if the abuse took place in a state facility, there is a 90-day notice required under New Jersey’s Tort Claims Act. The attorneys at Davis, Saperstein & Salomon P.C. are highly experienced with all types of personal injury cases, including nursing home abuse cases. For a free consultation, call 201-444-4444.

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What Kind of Insurance is Needed as a Food Delivery Driver?

The use of food delivery services has been on the rise in the last few years with the introduction of apps like UberEats, GrubHub, DoorDash, and others. Since the beginning of the pandemic, the demand for drivers dramatically increased because millions of people were forced to enjoy their favorite foods at home instead of at their restaurant of choice.

Millions also lost their jobs, have been laid off or furloughed due to the COVID-19 pandemic, many of whom took temporary positions delivering food with their own vehicles. While these drivers assume they are covered by their automobile insurance carrier, they fail to see any insurance coverage issues while working for a food delivery service.

In reality, they should be concerned that their car insurance policy may not cover them for losses during their new venture unless it is openly disclosed to their insurance that they transport people or food within their vehicles for money. Either the driver didn’t think of it, or they were afraid that their premium would increase because insurance companies generally charge more when the vehicle is used for commercial purposes.

Unfortunately, many delivery people do not realize this until it is too late, and they are left to pay losses out of pocket for injuries, medical bills, legal bills, and property damage after causing a car accident.

What should you do in order to find adequate coverage?

There are a few steps that need to take place in order to find proper insurance coverage before using any personal vehicle for food deliveries. Call your insurance carrier and always tell the truth. That way, your insurance coverage is not canceled due to fraud. It is extremely important to always be honest when applying for insurance. Many insurance companies will investigate whether or not there was fraud involved in the insurance application process.

Certain companies, such as DoorDash and UberEats provide insurance coverage to its drivers, but it remains important to research and understand the nature and extent of the coverage afforded by these companies.

DoorDash will provide “contingent liability insurance” to its delivery drivers, which means that it will only insure drivers who are directly delivering orders. In other words, it will not protect you if you’re driving to and from a restaurant or leaving deliveries. Every delivery service is different, and some drivers work for all during the same shift.

By way of example, UberEats has several policy plans available:

• A commercial insurance policy that provides $1 million worth of liability coverage for each accident, but only from the moment you accept a pick-up and drop off, to the moment it is completed. It should also be noted that the policy does not cover damages your vehicle may suffer.
• A contingent comprehensive and collision insurance policy, which is only available to those who already have this coverage.
• A commercial auto liability insurance policy, available to partners and covers damages that their drivers cause to third-parties. With this, a driver gets up to $50,000 for bodily injuries for each individual, with a total of $100,000 per accident. It also covers $25,000 worth of property damage.

The State of New Jersey has one type of coverage involving injuries caused by ride services, that may not cover the delivery of food. Skilled injury lawyers know and understand the law to determine available insurance coverage.

Food delivery drivers also need to be concerned about being injured in a motor vehicle accident. There may be workers’ compensation issues, income continuation issues, medical bills, and collision coverage issues as well. The situation is even more complicated when the delivery is being made on a bicycle or by a pedestrian.

We recommend for the delivery driver’s protection that before transporting people or food that they discuss insurance coverage concerns with an independent insurance agent that will protect the driver from financial ruin.

A far as those injured in a collision by a delivery service driver, they should report any accident, even as a passenger or pedestrian, to their own automobile insurance carrier. For many reasons, it is advisable not to seek medical coverage through the at-fault driver, but their own insurance carrier.

Since these cases are highly fact-sensitive and complicated, it is suggested that any person injured working for a delivery service, such as Ubereats, GrubHub, or DoorDash contact an experienced personal injury law firm that has the knowledge, experience, and stature to fight the large insurance companies or their delivery app’s legal departments. They will fight for a sufficient amount of money to adequately compensate the injured person for their losses, which may include medical bills, lost wages, permanent injuries, scars, pain, and suffering.

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Teaneck Woman Killed in Tractor Trailer Hit & Run on I-95

On June 3, 2020, a 21-year-old woman from Teaneck, NJ was involved in a multi-vehicle accident along I-95 in Fort Lee. As she stepped out of her vehicle to survey the damage, she was struck and killed by a tractor-trailer. Reports state that the driver of the tractor-trailer did not stop, and the young woman was pronounced dead at the scene. “The driver and the car were both struck by a tractor-trailer that fled the scene,” said New Jersey State Trooper Jeff Flynn. Detectives are still investigating. Our thoughts are with the memory of this young woman and with her family during this incredibly difficult time.

Though New Jersey is one of the smaller-sized states within the US, it has many congested roadways and highways, which can lead to dangerous driving conditions. Many vehicle accidents and fatalities occur on the state’s largest stretches of highways, including Routes 80, 17, and I-95 (New Jersey Turnpike), since these are vital interstate trucking routes. Tractor-trailers and big rigs transporting cargo, as well as large construction vehicles, garbage, and dump trucks use these routes daily, as do passenger vehicles. When an accident between the two occurs, the results can be tragic.

Although New Jersey saw a decrease of 9.1% in road fatalities in 2018, trucking accidents are still a common occurrence in the state. These accidents can be caused by a wide array of reasons, though driver error is reportedly one of the most common.

Other leading factors are:

• Distraction/inattention
• Speeding
• Impairment (fatigue, alcohol, drugs, illness)

Regarding the death of Jada Smith, initial reports state that she was struck exiting from her vehicle and she was pronounced dead at the scene of the hit-and-run crash, which occurred about 10:25 p.m. in the southbound express lanes of Interstate 95 near mile marker 121.5, according to New Jersey State Police.

It was reported that she stepped out of her SUV after it was disabled following an accident with two other vehicles in the right lane of I-95. From the facts reported, many may think that her conduct contributed to or caused the accident. This should never be assumed because it is likely to be untrue. New Jersey law states it is foreseeable that cars will be stopped due to traffic, adverse weather conditions, accidents, and mechanical break downs.

Because of that, all drivers must act reasonably and pay attention for such foreseeable events within their path of travel. From initial reports, it is unclear whether the truck struck the pedestrian or the disabled vehicle. Often, inattentive drivers’ strike empty disabled vehicles that are propelled into nearby pedestrians, causing injury or death. An accident reconstruction expert can ascertain the order of events by forensically recreating the sequence of events.

Because the careless trucker fled the scene, forensic evidence will be used to prove that driver negligence caused Jada to lose her life. Her relatives and estate may be entitled to wrongful death damages payable by her own car insurance or that of the host vehicle.

Every New Jersey automobile insurance policy includes uninsured and underinsured motorist coverage. This means that if a person is involved in a motor vehicle accident with someone that has little or no car insurance, then the injured person’s auto policy, or that of a resident relative, will usually provide medical benefits and step into the shoes of the reckless driver and pay the claim. That is why New Jersey injury lawyers always recommend that policyholders should carry the maximum uninsured and underinsured motorist coverage to equal the liability coverage they maintain. Uninsured and underinsured motorist coverage is surprisingly inexpensive.

Interstate tractor-trailer’s lines are subject to the Federal Motor Carrier Safety Regulations, which mandates work hours, driver and maintenance logbooks, etc. Overworked truckers frequently ignore rest and sleep logbook requirements mandated by federal law. Skilled lawyers know what to examine to find violations of the law, which then creates a liability on the negligent trucker.

The personal injury attorneys at Davis, Saperstein & Salomon P.C. have decades of experience handling devastating trucking accidents and understand the investigation process that often follows a crash of this magnitude. Accidents that involve large commercial trucks and trailers are much more challenging to resolve than other types of automobile crashes because it generally takes a significant degree of experience and expertise on the part of the lawyer to prove negligence in a truck accident case.

Founding Partner Marc C. Saperstein, Esq. has handled some of the most complicated trucking and commercial vehicle litigation matters and is a truck accident expert. “We immediately hire an accident reconstructionist, and we hire an investigator, and I personally go to the scene where the accident took place.” It is important to go to the scene of the accident because, “by viewing the scene, you can actually see in nonconceptual terms what the area looks like if there is a debris field; If there are security cameras in the area. Our investigators will scour the area for any witnesses, talk to the investigating police officers,” says Marc.

We learn about the person’s qualities by interviewing their family and friends so that we can understand and prove the devastating loss suffered to the family. We understand just how overwhelming a trucking accident is, and our lawyers, many of whom are Certified by the Supreme Court of New Jersey as Civil Trial Attorneys, will persistently seek justice on behalf of our clients and their families. Marc Saperstein can be reached to answer any questions regarding wrongful death losses and truck accidents. Call us now at 201- 444-4444.

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Davis, Saperstein & Salomon, P.C. Celebrates National Nurses Week

In honor of National Nurses Week, which is being commemorated May 6-12, Davis, Saperstein & Salomon P.C. is recognizing the tremendous bravery and dedication of nurses in Bergen County, as well as throughout the state and the nation.

Founding Partner Samuel L. Davis extended his gratitude by visiting several area hospitals, including Englewood Hospital, Holy Name Hospital, Hackensack Meridian, and St. Barnabas, and delivered handmade cookies to hundreds of nurses who have been on the front line of the COVID-19 pandemic. The cookies were made by Corey’s Cookies, a local small business.

 

Partner Steven Benvenisti has also expressed his gratefulness on social media with a Facebook video thanking the millions of nurses around the world for their bravery and compassion. Benvenisti, who, at 21 years old, was almost killed by a repeat drunk driving offender, spent months in the hospital after suffering critical injuries. He credits his team of devoted nurses for helping him in his miraculous recovery. Steven will also be visiting and delivering cookies to Kessler Rehabilitation Center and Helen Hayes Hospital, two hospitals that helped him with his recovery. Once complete, the firm will have delivered 10,000 cookies. 

 

“I would not have been able to have the full recovery that I had if not for you, nurses. You truly are society’s heroes, and we appreciate you every single day,” says Steven. Steven’s video can be viewed here.  

Davis, Saperstein & Salomon P.C. will proudly continue honoring National Nurses Week with upcoming videos and photos.  

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IKEA Pays $46 Million In Wrongful Death Lawsuit

In early January 2020, Swedish furniture manufacturer Ikea agreed to pay $46 million to the Dudek family, whose 2-year-old son passed away when a dresser tipped over onto him. The payout is the largest wrongful death settlement related to a single child in United States’ history. The California toddler, Jozef Dudek, was put down for a nap in May 2017 by his father. When he returned to check on his child, the father found his son’s head between the middle and top drawer of the MALM dresser. The cause of death was officially declared as asphyxiation, commonly referred to as, suffocation.

The problem began in 2014 when two children reportedly died from the dresser tipping onto them after attempting to climb the drawers. Dozens of other accidents that resulted strictly in injuries were also reported. Ikea warned owners of the dresser about the issue and recommended they use their free wall-anchor kits in order to secure the dresser to the wall. Additional reports of child deaths led Ikea to recall 17 million dressers in June 2016. However, the Dudek family bought their MALM dresser in 2008, and were completely unaware of the recall. The Dudek’s filed their 2018 wrongful death lawsuit in a Philadelphia court, since Pennsylvania is the location of Ikea’s North American Headquarters. The parents accused the company of failing to warn consumers about the dangers of the dresser, despite knowing the risks.

Many consumer safety groups criticized Ikea for promoting the wall mounts instead of encouraging owners to return the product. Back when Ikea released the dresser line, the company failed to participate in a voluntary tip-over test, which most United States furniture manufacturers typically partake in. Now, there are eight reports of children dying from the product. Despite the recall, millions of these dressers are still being used by families. Therefore, the Dudek Family is donating $1 million of their settlement to organizations that advocate to protect kids from unsafe products and prevent this tragedy from happening to other families.

If you or someone you know has been injured or killed in a similar manner, please contact Davis, Saperstein & Salomon, P.C. today by calling 1-800-LAW-2000 or filling out a private online form. We will review your case confidentially and for free. Our product liability attorneys have experience in suing manufacturers of dangerous and defective products for over 40 years.

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