NJ Landscape Worker Injury Attorneys
Over 50 Years of Experience Representing Injured Landscape Workers in Mercer County, Burlington County, Middlesex County, and Across New Jersey
Landscape workers help to beautify the environment throughout New Jersey, but they face some big risks of being hurt on the job. If you are employed by a landscape company and you’ve been injured on the job, you may be entitled to compensation and benefits to help you recover from your injury. New Jersey laws make this possible, but pursuing the compensation is time-consuming and complicated.
Let us, the attorneys at Cohen & Riechelson, fight for your rights and your interests with all the experience and expertise that we have on our team in Lawrenceville, Hamilton, Windsor, Princeton, Lawrence, Hopewell, and towns across Mercer County and New Jersey. Contact our Hamilton office at (609) 528-2596 to speak with a skilled New Jersey Landscape Worker Injury Lawyer at our law firm after a landscaping accident.
How do Landscape Worker Injuries Occur?
Life as a landscape worker in New Jersey comes with its share of challenges. Here’s what these hard workers face:
- Seasonal Challenges: Weather extremes, from scorching summers to icy winters, mean that landscape workers brave all kinds of weather conditions. This not only makes their job physically demanding but also risky at times. Weather exposes workers to risks like heat exhaustion in summer and hypothermia in winter.
- Physical Demands: Landscape work is manual labor that involves heavy lifting, prolonged standing, bending, and operating machinery. These tasks can lead to injuries or long-term health issues. Also, performing repetitive chores like mowing or planting can strain muscles and joints, causing injuries over time.
- Equipment Hazards: Working with lawnmowers, trimmers, and other tools poses risks if not handled properly, potentially resulting in serious injuries.
- Exposure to Chemicals: Handling pesticides and fertilizers without following safety precautions can be harmful to health.
- Pest and Wildlife Encounters: Dealing with insects, rodents, and other wildlife, and also pets, is part of the job. While some encounters are merely bothersome, others can pose genuine threats to workers’ safety.
Top Injuries in Landscaping for Workers
Muscle strains and sprains can be caused by heavy lifting, bending, and doing the same motions over and over. This can cause pain and make it hard to move, making daily tasks difficult. Cuts and lacerations can be caused by using sharp tools like pruners, saws, and mowers. Workers might need stitches, and cuts can get infected if not treated properly. Bruises and contusions might result after falling or being hit by objects, causing pain and swelling.
Workers might injure their backs when lifting heavy objects or twisting the wrong way. This can cause chronic pain and long-term disability. Working in hot weather can result in heat exhaustion or heat stroke, which can be life-threatening. Exposure to fertilizers, pesticides, and other chemicals can cause chemical burns, from irritating to severe.
Eyes can be injured by debris from mowing or trimming, or exposure to chemicals. This can lead to temporary or permanent vision loss. Hearing loss, either temporary or permanent, can result from long exposure to loud equipment like lawn mowers and leaf blowers.
Slipping, tripping, or falling can happen on uneven ground, wet surfaces, or obstacles, causing fractures, sprains, and other injuries. Using proper safety gear, following correct procedures, and taking regular breaks can help lower the risk of these injuries.
Legal Options for Injured Landscape Workers Seeking Compensation in New Jersey
Workers’ Compensation Claims for Landscape Worker Injuries
Workers’ compensation is a type of insurance that the employer pays for to help workers if they’re injured while working, even if it’s not the worker’s fault. This means that if you hurt your back lifting heavy equipment or get a cut while trimming hedges, workers’ compensation can cover your medical bills and some of your lost wages while you’re recovering. You don’t have to prove that anyone else caused the injury, which makes it easier to get help quickly. But there are limits to how much money you can get, and you can’t usually sue your employer for more money beyond what workers’ compensation gives you.
Personal Injury Claims for Accidents while Landscaping
Sometimes, if a landscape worker gets hurt because someone else was careless or did something wrong, they might have another option called a personal injury claim. Unlike workers’ compensation, this kind of claim is based on proving that someone else was at fault for the injury. It could be a property owner, a product manufacturer, or maybe another company you were working with. If you can prove that they were negligent, you might be able to get more money to cover your medical bills, lost wages, and even things like pain and suffering. But it’s a longer process that usually involves going to court and proving your case in front of a judge or jury.
Workers’ Comp Benefits for Injured NJ Landscape Workers
In New Jersey, there are laws to help injured landscape workers get the compensation and benefits they need to recover from work-related injuries. Employers must have workers’ compensation insurance, which covers all workers, including landscape workers, no matter their immigration status. This insurance pays for necessary medical treatments like doctor visits, hospital stays, surgeries, medications, and rehabilitation. If a worker gets hurt, they need to tell their employer right away and file a claim. Usually, the employer or their insurance company picks the doctor who will treat the injured worker.
If a worker can’t work for more than seven days because of their injury, they can get temporary disability benefits. These benefits usually amount to 70% of the worker’s average weekly wage, up to a certain limit set by the state. If the injury causes a lasting but partial disability, workers can get benefits based on how severe the disability is and how it affects their ability to work. If the worker is permanently and totally disabled, they might receive benefits for life.
Sometimes, injured workers can’t go back to their old jobs because of their injuries. In these cases, they might get help with retraining and finding a new job. If a worker dies because of a work-related injury, their dependents may receive death benefits, which include financial support for the family and money for funeral costs.
New Jersey law also protects workers from being fired or treated unfairly for filing a workers’ compensation claim. Workers who face retaliation can file a complaint with the state. Injured workers have the right to get a lawyer to help them with their workers’ compensation claims. Lawyers’ fees are usually based on winning the case and are controlled by the state. These laws make sure that injured landscape workers in New Jersey get the medical care and financial support they need to recover from their injuries and deal with the impacts on their lives.
Workers’ Compensation Requirements for NJ Landscaping Businesses
In New Jersey, most companies, including landscaping ones, have to get workers’ compensation insurance. This insurance helps workers if they get hurt or sick because of their job. It pays for things like medical bills and lost wages. If a company doesn’t have this insurance, they can get in trouble. But there might be some special rules depending on how big the company is.
Filing a Lawsuit for Landscape Worker Injuries Caused by Negligence in NJ
Faulty Equipment or Products: If a landscaper gets hurt because of a problem with the tools or products they were using, like a lawnmower that malfunctions or a defective safety harness, the company that made or sold the faulty equipment could be to blame.
Negligent Contractors or Subcontractors: Sometimes, on a job site, there are other companies working alongside the landscapers. If one of these other companies does something wrong that leads to an injury, they might be held responsible. For example, if a subcontractor doesn’t set up scaffolding properly, causing a landscaper to fall, the subcontractor could be at fault.
Unsafe Property Conditions: If a landscaper gets hurt because of dangerous conditions on someone else’s property, like icy sidewalks or uneven ground, the owner of that property could be liable for not keeping it safe.
Car Accidents: If a landscaper is injured while driving for work and the accident was someone else’s fault, like another driver crashing into them, that driver could be held responsible.
Ignoring Safety Rules: If a third party, like a contractor or property owner, ignores safety rules meant to protect workers, they could be held accountable if their negligence leads to an injury.
In these cases, the injured landscaper might be able to file a personal injury claim against the responsible party, as well as getting workers’ compensation from their employer. This could help them get more money to cover things like pain and suffering or other damages not included in workers’ comp.
Challenges for Undocumented Landscape Workers who Suffer Injuries on the Job in New Jersey
Undocumented workers in this industry face several special challenges when they get hurt on the job. These problems can make it tough for them to get the help they need. Here are some of the main issues:
- If they are undocumented, workers are often scared that getting medical help or reporting an injury will reveal their immigration status and lead to deportation. This fear can stop them from getting medical care or reporting unsafe conditions.
- They might not know their rights or be too afraid to stand up for them. Employers might take advantage of this, leading to bad working conditions and unfair treatment for injuries.
- Undocumented workers often can’t get affordable healthcare because of their immigration status. Injuries might not get treated properly, leading to longer recovery times and worse health outcomes.
- Many undocumented workers are already struggling financially and can’t afford to take time off to recover from an injury. They might keep working despite being injured, which can make their injuries worse.
- Language differences can make it hard for undocumented workers to communicate their needs, understand safety rules, or navigate the healthcare and legal systems.
To help undocumented workers, we need legal changes, community support, and better awareness of their rights and needs. It’s important to make sure all workers, no matter their immigration status, have access to safe working conditions, healthcare, and legal protections.
What to do After a Landscape Worker Accident
First, take a moment to check how bad your injury is. If it’s really serious—if you can’t support weight on a leg, or if you’re bleeding, don’t wait—call for help right away. If it’s not too bad but still hurts a lot, you should still get help. Tell your boss what happened so they know you’re hurt. They’ll need to know so they can help you and make sure it doesn’t happen to anyone else.
It’s important to write down exactly what happened, for example where you were, what you were doing, and if anyone else saw it. Take pictures if you can. This helps later if there are questions about what happened. Your boss will probably have some papers for you to fill out. These are for workers’ compensation. You’ll need to fill these out and give them back as soon as you can.
After that, you should go see a doctor. Even if you think you’re okay, it’s best to let a doctor check you over. They’ll make sure you’re really okay and tell you what you need to do to get better. Keep all the papers and notes the doctor gives you. These are important, especially if you need to take time off work or if you have any problems later.
While you’re getting better, keep your boss updated on how you’re doing. They’ll want to know when you can come back to work. Remember, the most important thing is to focus on getting better. Take the time you need to heal, follow what the doctor says, and don’t rush back to work too soon. Your health is the most important thing.
Consult the Skilled New Jersey Landscape Worker Injury Lawyers at Cohen & Riechelson for Assistance with Your Case
If you’re a landscape worker dealing with a work-related injury in New Jersey and you’re not sure what to do, call Cohen & Riechelson. We’ll be your legal guide through the whole process. First of all, we know the law inside and out. We’ll sit down with you, go over your situation, and help you understand what your rights are. We’ll look at all the details of your case to figure out the best plan of action. One of the big things we do is gather evidence. Our attorneys help you collect things like medical records, statements from witnesses, and any other info that might help your case. This evidence can really make a difference when it comes time to make your claim.
Dealing with insurance companies can be a real headache, but our landscaper injury lawyers will handle all of that for you. We’ll talk to the insurance representatives and make sure you’re treated fairly, so you don’t have to worry about getting shortchanged. And let’s not forget about all the paperwork that comes with these cases. You can count on our attorneys to take care of all that so you can focus on getting better instead of drowning in paperwork.
Ultimately, having a good landscape worker injury attorney on your side can be invaluable in Pennington, Hamilton, Plainsboro, Robbinsville, Ewing, Princeton, Trenton, Mercer County, and throughout New Jersey. Call Cohen & Riechelson today at (609) 528-2596 for a free consultation on your case. We’re here to support you, guide you through the process, and make sure you get the financial help you need after a work injury.