New Jersey Injury Lawyers Blog

Severe storms, fluctuating temperatures and flooding all wreak havoc on our roadways, creating minefields of potholes for motorists and cyclists to navigate. Damages from these road hazards can range from blown tires, pricey alignment adjustments, physical injuries and, in some cases, even death. How far does the responsibility of local governments to repair these damaged roadways go? That’s a question recently addressed by the New Jersey Supreme Court.

Just this past week, the Supreme Court was considering the extent of local governments’ liability to repair potholes as it reviewed the case of Polzo v. County of Essex. The family of Mathi Kahn-Polzo brought suit against Essex County after she died from head injuries suffered when she hit a pothole while cycling with friends on a county road. (1)

The question the Court is struggling with is whether local governments are responsible only for repairing damages they have “constructive notice” of, which meets the Tort Claims Act requirement, or if their responsibilities extend further to include establishment of an inspection program to detect road damage. (1)

When the job market is as tight as it is now, few workers are willing to make waves and risk losing their employment. But should workers risk their health and safety or that of their co-workers or the public just to keep a job? There are a number of laws, both on the state and federal level, intended to keep New Jersey workers safe in the workplace and free from reprisal should they refuse to perform an unsafe job.

The Occupational Safety and Health Act (OSHA), the National Labor Relations Act (NLRA) and the Labor Management Relations Act (LMRA) are some of the laws that protect workers on the federal level. In New Jersey, workers also have the protection of the New Jersey’s Conscientious Employee Protection Act (CEPA) and the Public Employees’ Occupational Safety and Health Act. In additional, there are a number of industry-specific statutes that also aim to protect workers under certain circumstances. (1)

Perhaps the most recognized of these laws is OSHA. The Occupational Safety and Health Administration (also called OSHA) protects the employee’s right to a safe workplace by hearing complaints, performing inspections of workplaces and imposing fines on businesses found to be in violation of safety standards. (1) For example this past spring, OSHA found a West Trenton ball-bearings manufacturer guilty of 21 safety violations and fined the company $88,200. (2) Separately a New Jersey general contractor and five subcontractors were fined a total of $95,470 for 20 health and safety violations. OSHA does not, however, grant rights to employees to overtly refuse an unsafe work assignment. (3)

Reminiscent of the question which came first – the chicken or the egg, New Jersey courts recently had to deal with the dilemma of which contributed more to an Edison woman’s death – her less-than-healthy, personal lifestyle or her sedentary work conditions.

This case rose from a workers’ compensation claim filed by the widower of Cathleen Renner, a long-time employee of AT&T who died in 2007 from a pulmonary embolism. According to court reports, on the night of her death Mrs. Renner worked for more than ten hours at the computer in her home office in order to meet a pressing deadline for work. About an hour later she was dead. (1)

Mrs. Renner’s husband, James, filed a claim for death benefits under the State’s workers’ compensation law. In New Jersey, workers’ compensation insurance pays benefits to employees for illness or injury incurred in connection with their jobs. It also pays benefits to dependents of employees who die as a result of employment-related activities. (2)