Petrillo & Goldberg Law
The fatality of a bike messenger has revealed the potential perils of working in the gig economy, in which workers are not classified as employees, and thus, are ineligible for workers’ compensation. As reported by The Philadelphia Inquirer, Pablo Avendano, who worked as a bike messenger, was in the midst of making a food delivery…
Usually, when an employee does not report a claim in a timely fashion, the employer can use such failure as a defense in a workers’ compensation court. However, lack of timely notice is rarely one of those defenses in New Jersey. It would appear as though lack of timely notice should be the first defense…
The Commonwealth Court ruled against a veteran firefighter’s appeal of his workers’ compensation claim that argued his occupation caused his prostate cancer. Gerald Cantz, a Philadelphia man, worked as a firefighter from 1977 to 2007 before retiring. In December 2009 he was diagnosed with prostate cancer. Cantz filed a claim in April 2012, alleging he…
A New Jersey Department of Education employee who was injured when driving to work on a snowy day because she was not aware a meeting had been canceled will not receive a full disability pension. Ursula Cargill had appealed a Board of Trustees of the Public Employees’ Retirement System ruling. Cargill applied for benefits due…
The role of gender in work injuries was the subject of a new study conducted by the Colorado School of Health’s Center for Health, Work and Environment on the Colorado Anschutz Medical Campus. The researchers discovered that psychological distress, including depression and anxiety, can cause women to be more susceptible to work injuries than men.…
Generally, when referring to workplace hazards and dangers, we think of those workers who are employed in industries such as construction and manufacturing. However, people who work in the restaurant industry are also susceptible to the risk of injury and illness in the workplace. Restaurant employers have a legal duty to ensure the safety of…
A federal judge ruled a Bridgeton glass factory can indefinitely suspend a worker because he uses medical marijuana. The worker, Daniel Cotto Jr., sued Ardagh Glass after the employer did not allow him to return to his job as a forklift operator after a workplace accident in November of 2016. Court documents show Cotto hit…
In the interest of protecting New Jersey workers and the enforcement of the state’s labor laws, Attorney General Gurbir Grewal filed a brief in federal court arguing New Jersey’s test for deciding whether a worker is an employee or independent contractor is not preempted by federal law. The amicus brief was filed on behalf of…
The Occupational Safety and Health Administration (OSHA) has cited a construction firm in Philadelphia for exposure of employees to hazardous conditions in the workplace. OSHA has recommended penalties in the amount of $222,152. OSHA’s response to a grievance expressing impending danger at a company occurred in October 2017. OSHA cited the company, Hua Da Construction,…
An increasing number of New Jersey residents are opting to work for companies as freelancers. State legislators have responded by recommending a new set of labor laws to help make certain that freelancers are treated justly and are compensated in a timely manner. In a measure that was sanctioned by the Assembly Appropriations Committee, agreements…