Pennsauken, NJ (Law Firm Newswire) April 2, 2021 – On the evening of January 14, 2016, John Johnson was working the night shift as a laborer on a Delaware River pier. It was his fourth day on the job. While working away from the other laborers, he fell through a 5-by-10-foot man-made cut-out in the pier. After an hour, Johnson’s co-workers called the police. The Philadelphia Police Department divers recovered Johnson’s body under the pier.
Johnson’s family filed a lawsuit against Agate Construction Co., the general contractor for the Pier 78 Rehabilitation Project in South Philadelphia. Johnson was an employee of the subcontractor, Atlantic Concrete Cutting, Inc., and the third worker killed or seriously injured on a worksite managed by Agate. The lawsuit was scheduled to go to trial; however, the parties reached an out-of-court settlement for $10.5 million to be paid by Agate’s insurance carrier.
Workplace accidents can result in injuries and fatalities to employees. Such accidents may occur because of distraction, overexertion, exhaustion, slips, trips, falls and negligence. When a job-related accident occurs, the employee may be entitled to compensation for their injuries and wage compensation while out-of-work. To receive compensation, the employee must file a workers’ compensation claim, either informal or formal, because it is the exclusive remedy for workplace accident compensation under New Jersey and Pennsylvania laws.
Workers’ compensation is no-fault insurance that provides compensation to employees who are injured, fall ill, or die from a work-related accident. Even if the employee contributed to the accident, they are covered under the workers’ compensation laws. The insurance provides medical treatment, wage replacement, disability compensation and death benefits as they apply to the employee’s accident. In New Jersey and Pennsylvania, all employers must carry some form of workers’ compensation insurance covering their employees in case of a job-related accident.
The surviving family members of an employee who dies from a workplace accident may file a compensation claim for death benefits. New Jersey law provides compensation only to the deceased employee’s dependents, like the surviving spouse, dependent children, parents and siblings. The compensation is a percentage of the deceased employee’s regular wage.
Pennsylvania workers’ compensation laws also provide the death benefits to the dependents of the deceased employee. State laws outline the percentage of the deceased employee’s weekly wage that their dependents receive based on whether there is a surviving spouse or dependent children.
To learn more about workers’ compensation, visit https://www.petrilloandgoldberg.com/.
Petrillo & Goldberg Law
6951 North Park Drive
Pennsauken, NJ 08109
19 South 21st Street
Philadelphia, PA 19103
70 South Broad Street
Woodbury, NJ 08096
Workers’ compensation for worker who contracted Legionnaires’ Disease
A Pennsylvania court ruled that a man who became disabled after developing Legionnaires’ Disease, is entitled to workers’ compensation and medical benefits. Shawn Gillen said he contracted Legionnaires’ Disease as a result of exposure to contaminated water while he was performing his job responsibilities at Nestle USA Inc. According to court records, Gillen was stationed […]
Settlement of labor law accusations against six South Jersey gas stations
According to their U.S. Labor Department, the proprietors of six South Jersey gas stations will pay over $460,000 to employees who worked 70 hours per week for an amount below the minimum wage, and received no compensation for overtime. USA Gas station owners Prabhit Singh and Harbir Piar were alleged to have violated the department’s […]
Governor Christie says he will approve back pay for furloughed workers during government shutdown
New Jersey Governor Chris Christie said he would approve legislation to restore compensation for workers who were laid off when the state government was shut down. This marked the second shutdown in the history of the state. A representative from his office said he does not possess the authority to do this on his own. […]
Long wait for survivor benefits for the spouse of volunteer
Following the death of Scott Danielson, a member of the Lakeland Ambulance Squad and Andover Borough Councilman, his wife was left with a number of financial setbacks. Although it has been a year and a half since her husband’s death, she has yet to receive survivor benefits from the state. Shortly after her husband’s death, […]
Settlement in retaliation suit grants city employee $75K
A city worker who claimed he was demoted and terminated after filing two workers’ compensation claims for injuries sustained at work has settled his lawsuit against Galloway for $75,000. Frank Chamberlain stated he received negative reviews from his supervisors and many disciplinary notices after he filed the second workers’ compensation claim in 2011. The suit […]