New Jersey Nursing Home CNA Injury Attorneys

As life expectancy increases, the need for long-term care services in one’s home and institutional settings, such as nursing homes, rehabilitation facilities, adult daycare centers, and assisted-living facilities, is growing exponentially. Certified Nursing Assistants (CNAs) make up nearly 72% of the direct care workforce in nursing homes. As the primary provider of hands-on care, CNAs face serious workplace hazards daily. While some of these hazards stem from the fundamental physical strain of the position, a significant portion of dangers arises from unsafe working conditions. 

CNA injury claims require a comprehensive understanding of both personal injury and workers’ compensation laws. An experienced New Jersey nursing home injury attorney at the Todd J. Leonard Law Firm can help CNAs secure compensation after a New Jersey workplace injury.

Most Common CNA Injuries in New Jersey Nursing Homes

CNAs make up a significant share of the healthcare provider workforce, and these numbers continue to grow each year. CNAs are predominantly women who are often tasked with physically strenuous demands and little support. CNAs in nursing homes perform various duties, such as feeding, bathing, toileting, dressing, grooming, transferring, turning, repositioning patients, and changing soiled linens. CNAs must take vital signs and report changes or concerns to nurses and doctors. In some situations, CNAs may dispense certain types of medications. 

The vast array of daily tasks puts many CNAs at risk for injuries. There are five main types of health hazards that CNAs face, including:

• Biological, which are infectious agents that can transmit via contact with contagious patients;
• Chemical refers to substances such as medications, solutions, vapors, aerosols, and particulate matter;
• Environmental, such as workplace hazards that can cause or increase the likelihood of an accident, injury, or discomfort;
• Physical, as in workplace conditions that can cause tissue damage; and 
• Psychosocial, including workplace conditions that can cause or increase stress, strain, or personal problems. 

CNAs who face these hazardous conditions can be exposed to viruses, bacteria, parasites, and fungi, which can lead to illnesses such as influenza, hepatitis B or hepatitis C, and tuberculosis.  Other infectious diseases and on-the-job hazards nurses are exposed to include: 

• Cytomegalovirus, herpes, whooping cough, and varicella;
• Burns, eye injury, and electric shock; 
• Needlestick and puncture wound injuries;
• Musculoskeletal injury to the back, neck, shoulder injuries; and
• Emotional distress from verbal violence, and injuries from violent attacks by patients. 

Nursing homes and assisted living facilities that fail to take necessary measures to prevent dangerous working conditions and injury to their employees may face liability for their negligence. 

Dangerous Nursing Homes in New Jersey 

CNAs perform some of the most critical and often thankless work in nursing home care facilities. These facilities are chronically understaffed and underfunded and can present dangerous living and working conditions for patients and employees. 

According to Nursing Home Inspect, a database that allows users to compare nursing homes based on deficiencies, reveals harrowing statistics about the dangers of many New Jersey nursing homes. According to the website:

• There are 351 nursing homes in New Jersey;
• 37 New Jersey nursing homes were cited with serious deficiencies; and
• 297 New Jersey nursing homes have infection-related deficiencies.

This data indicates that many New Jersey nursing homes fail to provide appropriate care for their residents and patients. For example, the Oaks at Denville was cited for 14 total deficiencies and fined nearly $60,000. 

Many deficiencies arise because the facilities lack personal protective equipment (PPE), adequate infectious disease training, and insufficient staff. These deficiencies present severe dangers to residents and employees. 

CNA Claims Against New Jersey Nursing Homes

CNAs and other healthcare workers who experience workplace hazards that result in injury or illness can seek benefits or compensation through New Jersey’s workers’ compensation program or a personal injury claim. The type of claim hinges on factors such as the type of injury, the employment relationship, and the at-fault party. These cases are fact-intensive, and a New Jersey nursing home injury attorney can help injured workers determine the best avenue to relief. 

New Jersey Workers Compensation Benefits and Third-Party Lawsuit for Injured CNAs

All New Jersey employers, barring a few exceptions, must provide their employees with workers’ compensation coverage. The New Jersey workers’ comp program provides medical treatment, wage replacement, and disability compensation to qualifying employees who experience job-related injuries or illnesses. The program also provides death benefits to qualifying dependents of workers who have died due to their employment.

Typically, workers’ compensation claims have only two parties, the worker and the employer. A third-party claim occurred when the worker’s injury arose because of the negligence of someone not in the employer-employee relationship. Some examples of a third-party workers’ compensation claim include:

• Manufacturer of defective equipment;
• Outside contractor or vendor;
• Landlords; 
• The at-fault party in a motor vehicle accident while the employee (e.g., nurse) is working while in the course of employment, or 
• Building management company. 

In these situations, an attorney can help injured workers pursue a personal injury claim against the negligent third party. 

Were You Injured While Working as a Certified Nursing Assistant at a New Jersey Nursing Home Facility?

If you are a nurse and were hurt while working at a nursing home, rehab facility, adult daycare center, or assisted living facility, you may be entitled to monetary compensation through a workers’ compensation claim and/or a personal injury lawsuit. Our dedicated Workers’ Compensation Lawyers at the Todd J. Leonard Law Firm are here to help. For over three decades, Todd J. Leonard and his team of workers’ compensation and personal injury lawyers have protected the rights of injured workers, while providing skilled, compassionate, and effective representation, helping them recover meaningful compensation for their injuries.

Contact the Experienced Workers’ Compensation Accident Lawyers at the Todd J. Leonard Law Firm Now!

Whether it be through a workers’ comp claim and/or a third-party personal injury case, our worker’s compensation and personal injury lawyers will help you navigate the complexities of the process, so you can focus on your recovery. We have recovered over $100 million for our clients and can effectively negotiate on your behalf with even the largest insurance companies. We have successfully served thousands of clients throughout New Jersey. To learn more about how we can help you pursue a workers’ compensation claim, give us a call today at (973) 920-7900 to request a FREE and confidential consultation. You can also connect with us through our online form. There is never a fee unless we win. We have two conveniently located offices in Denville and Morristown, New Jersey.