September 26, 2012 (Press-News.org) There are a lot of people in New Jersey with dangerous jobs. However, the title of "riskiest profession" doesn't go to construction workers, heavy machine operators or even police officers. Rather, it is workers who spend a lot of time on the road -- like truck drivers and sales representatives -- who stand the greatest chance of being killed on the job.
Data from the Bureau of Labor Statistics shows that in 2011, 683 "vehicle-bound workers" were killed while performing their jobs. Overall, nearly 40 percent of all fatal work injuries were transportation-related. More than half of fatal work-related transportation accidents occurred on a highway.
While these numbers are certainly staggering, the upshot is that the American workplace is generally becoming a safer place. In 2012, 4,547 Americans died in work-related accidents. In 1992, that number was 6,217. The decline in fatal accidents is likely related to an increased focus on workplace safety. During that same time period, the budget for the federal Occupational Safety and Health Administration nearly doubled.
Third-Party Liability for Work Related Accidents
After a work-related accident, an injured employee is entitled to seek workers' compensation benefits. If the worker dies, his or her family can seek death and dependency benefits. However, in transportation-related accidents, victims may also be able to pursue a personal injury or wrongful death lawsuit. These lawsuits allow for the recovery of damages that workers' compensation does not cover, such as pain and suffering.
In the vast majority of cases, New Jersey workers' compensation law prevents employers from being sued for negligence, even if they were at fault in causing injury or death. However, third-party liability laws allow a negligence lawsuit to be brought when another person or entity -- a "third party" separate from the employer or the employee -- shares in the blame for the accident.
This commonly happens in motor vehicle accident cases when another person is responsible for causing the crash. However, third-party liability may also arise in a number of different scenarios. For example, fault may lie with an outside repair shop that negligently maintained the worker's vehicle. In other cases, manufacturers might be liable for automotive defects that either led to the crash or magnified the worker's injuries.
Third-party liability is not limited to traffic accident cases. It can arise whenever an outside entity is responsible for causing a workplace injury or death. Other common situations where third-party liability might appear include workers who develop illnesses after being exposed to hazardous substances, workers who are injured by defective machinery or tools and workers who are injured by hazardous conditions on someone else's property.
If you or a loved one has been injured or killed in a workplace accident, a New Jersey personal injury attorney can help you evaluate your case to determine whether third-party liability exits.
Article provided by Eichen Crutchlow Zaslow & McElroy, LLP
Visit us at www.eichenlevinson.com
What Are Your Rights if You Are Injured in a Car Accident at Work?
Data from the Bureau of Labor Statistics shows that in 2011, 683 "vehicle-bound workers" were killed while performing their jobs. In addition to workers' compensation benefits, there may also be causes of action for third-party liability in these cases.
2012-09-26
ELSE PRESS RELEASES FROM THIS DATE:
CIA Trying to Get Past Its "Old Boys' Club" Reputation by Ending Sexual Harassment
2012-09-26
Most people know that harassment or discrimination against someone just because they are another race, religion, nationality or gender is wrong on several levels. Not only are there moral reasons to not discriminate against others, there are numerous state and federal laws in place like Title VII (prohibiting discrimination in the workplace) and Title IX (prohibiting discrimination at educational institutions) aimed at ensuring fair treatment for all.
Surprisingly, one of the federal government's own organizations - the Central Intelligence Agency (CIA) - has been plagued ...
Helping Your Children With the Stress of Divorce
2012-09-26
When you have kids, the decision to divorce brings a host of heart-wrenching concerns. Each phase of youth, from babyhood to adolescence and from teenage years to college, has its own requirements for healthy development. Steering children through these important times in life is challenging under normal circumstances, but divorcing parents know that the additional life changes divorce brings will require special parental attention and guidance.
What We Know
When it comes to shepherding your kids through a divorce, the experts largely agree on a few major points:
- ...
Bankruptcy and Keeping Your House
2012-09-26
If your financial position is becoming precarious, and there never seems to be enough money anymore, a bankruptcy may be the solution.
For situations that are truly desperate, a Chapter 7 may allow you to discharge practically all of your debts and start fresh.
If things have not grown quite that dire, a Chapter 13 may allow you to restructure much of your debt, and regain financial stability.
What If You Own a Home?
Homeownership and bankruptcy is a complex scenario. Because of the variability of the circumstance, your best option is to contact a bankruptcy ...
Texas Supreme Court: In-Person Notification Mandated for TPR Cases
2012-09-26
The Texas Supreme Court recently issued a landmark ruling that could affect thousands of child protection cases annually brought by the Texas Department of Family Protective Services (DFPS). The verdict was the result of years-long legal wrangling between the DFPS and a mother who had lost custody of her children following a state-sponsored lawsuit.
Background of the Case
This landmark decision -- Supreme Court of Texas No. 11-0282, In the Interest of E.R., J.B., E.G., and C.L., Children -- concerns a DFPS petition to terminate the parental rights of four children. ...
Deadly Train Crash in Nevada Leads to Numerous Lawsuits
2012-09-26
A deadly train accident that occurred last year has resulted in a number of lawsuits and has left the Nevada Department of Transportation considering ways to prevent similar public transportation crashes.
The accident at the center of the litigation occurred when a truck driver with a Nevada-based trucking company skidded along Hwy 95 and hit a train with 218 passengers. As a result, four people were killed, including the train's conductor, and another 101 were injured.
After the deadly accident, several lawsuits were filed, naming the Nevada Department of Transportation, ...
Bankruptcy Eliminates Tax Consequences for Cancellation of Debt
2012-09-26
Cancellation of Debt
In the current slow economy, many Americans are struggling to make ends meet. Individuals are over their heads in expenses and debt. The good news is that some financial institutions will discharge some payment obligations, thus eliminating one's duty to repay certain loans. However, the bad news is that generally, discharged debt qualifies as realized wealth, which is taxable income under federal law. Therefore, one must usually pay taxes on any relieved debt.
In the year that the cancellation of debt occurs, the lender reports the released debt ...
How to Reduce or End Child Support Obligations When Necessary
2012-09-26
When a court hands a child support order to a non-custodial parent, he or she may feel like the financial burden will last a lifetime. However, with a court order and the help of an experienced family law attorney, there are ways to reduce or even stop one's child support commitment when it becomes financially necessary to do so.
When Child Support Usually Stops
In Illinois, under normal circumstances, a parent's commitment to pay child support ends by the date stipulated in the child support order. If a parent receives an order with no end date, he or she is obligated ...
Colorado Workers' Comp: Help for Employee Injury, Illness and Death
2012-09-26
Before workers' compensation, job-related injury, disease and death often devastated individuals and families financially. Most victims in the early years of industrialization had difficulty affording attorneys and lawsuits to seek damages from their employers.
Those who were able to sue were often unable to show employer liability because of laws that blocked recovery when victims contributed to their own injuries in some way or were legally found to have assumed the risk of workplace injury by taking those jobs.
With roots in Europe, workers' compensation systems ...
Johns Hopkins Study: Misdiagnosis Kills 40,500 ICU Patients Every Year
2012-09-26
Intensive care units are designed to house the most critically ill and injured patients. If someone is admitted to the ICU, it is likely because their life is in jeopardy.
So, it comes as no surprise to learn that patients die in intensive care units every day. However, many people would be shocked to learn that approximately 40,500 ICU patients die each year, not because their conditions have progressed to the point where their lives can no longer be saved, but because their doctors failed to spot a hidden life-threatening medical condition.
According to a recent ...
New Study Finds Driver Error Causes Most Commercial Truck Accidents
2012-09-26
A new study out of Kansas State University has determined that nearly three-quarters of fatal commercial trucking accidents in that state result from truck driver errors. Virginia and national statistics do not vary widely from those in Kansas. Truck drivers may be held accountable for these errors if they injure or kill another road user.
Driver Errors Cause Many Traffic Fatalities
The Kansas State researchers studied commercial truck accident data between 2004 and 2008 and found that there were nearly 19,000 commercial truck crashes in Kansas during those years. ...
LAST 30 PRESS RELEASES:
Calcium could be key to solving stability issues in sodium-ion batteries
Can smoother surfaces prevent hydrogen embrittlement?
Heart rate changes predict depression treatment success with magnetic brain stimulation
Genetics pioneer transforms global depression research through multi-omics discoveries
MDMA psychiatric applications synthesized: Comprehensive review examines PTSD treatment and emerging therapeutic indications
Psychedelics offer new therapeutic framework for stress-related psychiatric disorders
Brain cell discoveries reshape understanding of psychiatric disorders
Mom’s voice boosts language-center development in preemies’ brains, study finds
Development of silicon ultrasound patch achieves both eco-friendliness and performance enhancement
Measles immunity 90% in BC’s Lower Mainland
Women’s brain regions may lose ability to synchronize after sexual assault
Quitting smoking, even late in life, linked to slower cognitive decline
Critical raw materials are a vital new currency; Europe’s e-waste is the vault
Anesthesiologist-led care helps hip-fracture patients get to surgery faster, with fewer complications
Two-dose recombinant shingles vaccine is effective even accounting for prior receipt of live shingles vaccine
Excessive daytime sleepiness may raise risk of cognitive problems after surgery
Flipping the switch on sperm motility offers new hope for male infertility
Twisting sound: Scientists discover a new way to control mechanical vibrations in metamaterial
Drip by drip: The hidden blueprint for stalagmite growth
mRNA therapy restores sperm production and fertility in mice
New way to weaken cancer cells could supercharge prostate cancer treatment
How sound—but not touch—shapes rhythm in the brain
Exploring the therapeutic potential of hypothermia
Research alert: Bioengineering breathes new life into failed cancer treatment
AI, health, and health care today and tomorrow – the JAMA Summit Report on artificial intelligence
Large genetic study links cannabis use to psychiatric, cognitive and physical health
Social media use trajectories and cognitive performance in adolescents
Music for the brain: Study tests the effect of slow-tempo relaxing music to address delirium in critically ill older adults
AI models predict sepsis in children, allow preemptive care
Liraglutide vs semaglutide vs dulaglutide in veterans with type 2 diabetes
[Press-News.org] What Are Your Rights if You Are Injured in a Car Accident at Work?Data from the Bureau of Labor Statistics shows that in 2011, 683 "vehicle-bound workers" were killed while performing their jobs. In addition to workers' compensation benefits, there may also be causes of action for third-party liability in these cases.