Tuesday, November 22, 2022

Davis, Saperstein & Salomon, P.C. Give Back to the Teaneck Community & Employees

In recognition of the attorneys and staff’s dedication to its injured clients, the partners at the personal injury law firm of Davis, Saperstein & Salomon, P.C. have given each employee a Stop & Shop gift card for Thanksgiving. The partners hope that gift cards make the holiday special for the hardworking team and their families.

When planning for this year’s gift card giveaway, Davis, Saperstein & Salomon’s management specifically chose Teaneck’s Stop & Shop, located at 665 American Legion Drive, not only because of its proximity to the firm’s Cedar Lane law office, but to help those that work within the community. The firm is urging its employees to spend the $150 gift card at the town’s location.

“I believe that for a community’s economy to be strong, each business must do their share in helping the local merchants. That means sharing our assets with of all of Teaneck’s amazing businesses and shops,” says Davis, Saperstein & Salomon, P. C’s Managing Partner, Garry Salomon, “Our local Stop & Shop provides fresh, quality food and caring customer service. We are going to urge our employees to give back by using the gift cards specifically at the Teaneck location.”

Davis, Saperstein & Salomon, P.C. is proud to call Teaneck home for over 25 years and is extremely active in volunteerism and community service. On November 17, 2022, the firm was recognized by the Teaneck Chamber of Commerce with its Community Service Award. Some of the firm’s previous township initiatives include enacting Teaneck Strong Day in 2020, sponsoring Teaneck Night Out, creating the Teaneck Bar Association, and so much more. The firm’s Partners and management would like to thank Stop & Shop for their dedication to the township and for assisting in its Thanksgiving gift card giveaway to its staff.

For over thirty years, the attorneys, and staff at Davis, Saperstein & Salomon, P.C. have helped over 30,000 families seek justice for injuries caused by the negligence of others. The firm’s success is based on many factors, including building relationships, as well as continuous education of its clients and staff.  The firm has 28 injury lawyers, of which 13 attorneys are certified by the Supreme Court of New Jersey as civil trial attorneys, an honor held by less than 2% of attorneys throughout New Jersey. Davis, Saperstein & Salomon, P.C. can be contacted by phone at 1-800-LAW-2000, or by email through info@dsslaw.com. The firm offers free and confidential consultations and second opinions and maintains offices throughout New Jersey and New York City.

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Monday, November 21, 2022

Work from Home? Here Are 6 Frequently Asked Questions About Workers’ Compensation

In recent years, Americans have benefited from a surge of work-from-home opportunities. Many workers enjoy the flexibility and freedom that a remote job affords them. However, the popularity of work-from-home careers has led to interesting legal questions about remote positions and an employee’s right to workers’ compensation benefits.

In a traditional workplace, employers must keep the working environment free from safety hazards. However, they cannot meet this obligation when they have no control over the workplace. So what happens when you are injured on the job while at home?

Here are the 6 FAQs that the workers’ compensation attorneys at Davis, Saperstein & Salomon, P.C., want remote workers to know about their legal rights when injured at home while on the job. To learn more about workers’ compensation benefits for work-from-home employees, contact our office for a free consultation.

6 Frequently Asked Questions About Workers’ Compensation

Are Remote Workers Covered by Workers’ Compensation?

Workers’ compensation benefits cover the costs of medical bills and lost wages to individuals hurt on the job. Nearly all New Jersey employers must carry workers’ compensation insurance, with few exceptions. Although it is designed to protect workers injured in traditional work environments, New Jersey’s workers’ compensation system allows remote workers to receive benefits. But even though remote workers are eligible to apply for workers’ compensation benefits, they must prove that their injury occurred at home while working — which can be challenging.

How Can Remote Workers Minimize the Risk of Getting Injured at Home?

In a traditional work setting, an employer is responsible for ensuring the workplace is safe and free from hazards. When a person works from home, they take on this responsibility. Remote workers can minimize the risk of getting injured at home by following these steps:

  • Prevent slip and fall accidents — Keep your workspace clean, including all pathways between your work and common areas. Paths should be free from debris, cords, and other tripping hazards. Take the time to clean up spills or other potential dangers like toys or clutter.
  • Stay active — Most people know that a sedentary lifestyle is bad for the mind and body. But working from home can prevent an active lifestyle. Remote workers tend to move less than those who go into the office. Throughout the day, take brief but active breaks. Go for a short walk or get up and stretch.
  • Protect your eyes — Staring at a screen all day can lead to eye strain and other significant eye issues. When you get up to stretch or walk, give your eyes a break, too. Consider also adjusting your monitor or screen settings to decrease eye strain.
  • Consider your workspace — If you work from home, consider how your workspace looks and feels and whether it is helping your comfort and safety. You may want to invest in an ergonomic desk, chair, or keyboard. These tools are designed to increase comfort and minimize the chances of developing pain or repetitive injuries in the neck, shoulders, back, and wrists.

What Work-from-Home Injuries Are Covered by Workers’ Compensation?

Workers’ compensation generally covers any injury suffered while performing work-related duties. The most common work-from-home injuries that are covered by workers’ compensation include the following:

  • Slip and fall injuries
  • Back and neck injuries
  • Eye strain
  • Musculoskeletal conditions
  • Cumulative injuries
  • Anxiety
  • Depression

What Are Cumulative Injuries?

Cumulative injuries are also known as repetitive motion injuries. These injuries occur over time due to consistent, repetitive motion and overuse of specific muscle groups in the body. In work-from-home settings, cumulative injuries are typically the result of poorly designed workspaces and a lack of ergonomic office equipment.

Examples of cumulative injuries include:

  • Carpal tunnel syndrome
  • Bursitis
  • Tendonitis
  • Back, neck, and shoulder pain

Can Workers’ Compensation Cover Mental Health Issues Caused by Working Remotely?

Remote work can sometimes lead to mental health issues rather than physical injuries. Many employees who work from home feel a sense of isolation and develop anxiety or depression. In addition to physical injuries, New Jersey workers’ compensation benefits cover mental health issues caused by work.

If you have been diagnosed with a mental health condition caused by working remotely, you could be entitled to compensation through the workers’ compensation program. However, mental health conditions are not visible like many physical injuries. Proving that you suffer from a work-related mental health condition is often more challenging than proving you have a physical injury.

How Can a Workers’ Compensation Lawyer Help?

If you are a remote worker injured on the job, you must prove that you suffered an injury while working from home. It can be particularly challenging to prove your injuries when you work from home, especially while you are healing. You may face obstacles to getting the workers’ compensation benefits you need and deserve.

A skilled workers’ compensation attorney can help you navigate the process of applying for workers’ compensation benefits when you are a remote worker. A lawyer can promptly and accurately file the necessary paperwork, obtain medical records for proof of your injuries, and negotiate with insurance companies on your behalf to demand maximum compensation. The attorneys at Davis, Saperstein & Salomon, P.C. can aggressively advocate for your rights to seek the money you require for medical bills, lost wages, and other expenses due to a work-related injury.

Contact Davis, Saperstein & Salomon, P.C. to Fight for Your Rights

If you were injured while working from home, you should know that remote workers have legal rights. Let the experienced workers’ compensation attorneys with Davis, Saperstein & Salomon, P.C. work to protect yours. We will diligently pursue the workers’ compensation benefits you need and handle every detail of your case, so you can focus on healing. With over 30 New Jersey personal injury attorneys on our team, we have the resources to fight for the benefits you deserve. Contact our New Jersey office today for a free and confidential legal consultation.

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Tuesday, November 15, 2022

Improving Pedestrian Safety in New Jersey

On the evening of Monday, October 31st, a 59-year-old woman was crossing Hudson Street in Hackensack, New Jersey, when she was hit by an oncoming car. Authorities say she was traveling outside the crosswalk when she was hit. The woman suffered many injuries and was taken by ambulance to a nearby hospital. She is still in critical condition. The driver, a 63-year-old man, did not need emergency care and stayed on the scene to talk with authorities. 

New Jersey Pedestrian Accident Statistics

Sadly, pedestrian accidents are relatively common in New Jersey. In 2022, the annual Smart Growth America “Dangerous by Design” report ranked New Jersey as the nineteenth worst state for pedestrian deaths. The information looked at traffic death statistics across all fifty states from 2016 to 2020. Statistics showed that 870 pedestrians were killed in New Jersey over the five years. This is a death rate of 1.96 deaths per 100,000 people every year. Conversely, Iowa ranked as the safest state for pedestrians, with a death rate of only 0.73 per 100,000 people. 

The report also found that minorities living in lower-income neighborhoods experienced a higher death rate. In addition, it found that African Americans are twice as likely to be hit by a car while walking than white Americans are.

How Is New Jersey Working to Improve Pedestrian Safety

The New Jersey Department of Transportation (NJDOT) has been taking steps to improve pedestrian safety. For example, NJDOT recently added bike lanes and upgraded twenty-nine intersections on Main Street (Route 71) in Allenhurst and Asbury Park. In addition, they improved the intersections’ curbs and now have Americans with Disabilities Act (ADA) compliant ramps. The NJDOT has also been working on projects to add other traffic control methods, like lane narrowing, roundabouts, and road diets. The U.S. Federal Highway Administration (USFHA) describes a road diet as a type of road design that changes an undivided four-lane roadway into a three-lane street. The USFHA reports that four-lane roadways have a lot of car crashes, but a road diet can lower their frequency by 19% up to 47%. Route 29 in Lambertville and Route 130 in Burlington City recently underwent road diets under the NJDOT. 

The legislative branch is working alongside NJDOT to better pedestrian safety and traffic conditions. Senator Patrick Diegnan and Assemblyman Robert Karabinchak recently introduced a bill for a new law that, if passed, will make a New Jersey 21-member Vision Zero task force. The task force is modeled after the Vision Zero program in Hoboken, which has had no traffic deaths in the last four years. Secretary of Transportation Pete Buttigieg is also planning to implement Vision Zero nationally. The NJ Vision Zero task force would gather data on unsafe traffic practices and recommend how to fix them to lawmakers and Governor Murphy to improve pedestrian safety.

Together, with the combined efforts of the NJDOT, various traffic and safety organizations, lawmakers, and of course, New Jersey families and communities, we can design and build a safer New Jersey. 

Laws In New Jersey Protecting the Safety of Pedestrians

It is important to know New Jersey’s right-of-way laws as both a driver and a pedestrian. These laws require cars to yield to pedestrians crossing crosswalks, corners, and other areas marked explicitly for pedestrians. When crossing a street, there aren’t any close corners or intersections; traveling corners is more dangerous in certain situations due to fast-turning vehicles. Pedestrians are not expected to walk unreasonable distances to cross a roadway. In these cases, pedestrians crossing areas other than crosswalks do not have the right of way and must use reasonable care when crossing a street. Motorists can not ignore the possibility of midblock crossers, adults and children on bicycles, and people crossing highways and roadways. They are obligated to look out for and expect pedestrians crossing midblock and avoid colliding with them.  

For example, a driver can still be held liable even if it seems they have the right of way. In Leighton v. Sim (1991), the New Jersey Appellate Court settled a lawsuit in favor of the plaintiff. The plaintiff was a pedestrian hit by a car while crossing the street outside a crosswalk. The Court reasoned that if the driver had been paying attention to the road, they would have seen the pedestrian and would have been able to avoid the accident. State and federal law require drivers to pay close attention to their surroundings, so the Court ruled that the driver could be held liable. If the driver of the October 31st accident also could have avoided hitting the pedestrian, he may be held responsible based on the precedent set by Leighton v. Sim.

Contact the Pedestrian Accident Lawyers at Davis, Saperstein & Salomon, P.C. for Help

If you or someone you know was hit while crossing a street, the experienced lawyers of Davis, Saperstein & Salomon, P.C. may be able to help you. Please call us now for a free and confidential case evaluation at 201-444-4444, or chat with us online.

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