The New Jersey Senate Labor Committee voted to release a bill that expands workers' compensation coverage to parking areas provided by an employer.
Showing posts with label NJ Senate. Show all posts
Showing posts with label NJ Senate. Show all posts
Tuesday, December 8, 2020
Tuesday, December 18, 2018
NJ Senate passes bill to increase benefits for hand and foot claims
Yesterday the NJ Senate passed a bill (S782) to increase benefits for work-related hand and foot claims. The legislation also requires a study of the effectiveness of the state's workers' compensation system. The Assembly version of the bill has been referred to the Assembly Labor Committee.
Identical Bill Number: A1110
Last Session Bill Number: S777 A4376 Sarlo, Paul A. as Primary Sponsor Scutari, Nicholas P. as Primary Sponsor | ||||
| 1/9/2018 Introduced in the Senate, Referred to Senate Labor Committee 5/10/2018 Reported from Senate Committee, 2nd Reading 5/10/2018 Referred to Senate Budget and Appropriations Committee 9/24/2018 Reported from Senate Committee with Amendments, 2nd Reading 12/17/2018 Passed by the Senate (27-8) Introduced - - 10 pages PDF Format HTML Format Technical Review Of Prefiled Bill - - 9 pages PDF Format HTML Format Statement - SLA 5/10/18 - 1 pages PDF Format HTML Format Reprint - - 9 pages PDF Format HTML Format Statement - SBA 9/24/18 - 3 pages PDF Format HTML Format Fiscal Estimate - 10/3/18;1R - 4 pages PDF Format HTML Format Committee Voting: SLA 5/10/2018 - r/favorably - Yes {4} No {1} Not Voting {0} Abstains {0} - Roll Call SBA 9/24/2018 - r/Sca - Yes {10} No {0} Not Voting {1} Abstains {2} - Roll Call Session Voting: Sen. 12/17/2018 - 3RDG FINAL PASSAGE - Yes {27} No {8} Not Voting {5} - Roll Call | ||||
Wednesday, October 31, 2018
Wednesday, July 2, 2014
NJ Senate Passes Law To Help Injured Workers
The NJ Senate took an historic step on Monday by passing legislation to assist injured workers navigate the workers' system and to level the playing field after decades of the erosion. By passing passing S374 the NJ Senate encourages attorneys to represent workers who suffered accidents and diseases arising out of their employment.
The century old NJ workers' compensation system was built on the premise of providing speedy and remedial benefits to workers who are injured as a result of an occupational injury or exposure. The system was theoretically a "promise" made by employers to provide an easier, quicker and faster administrative benefit program without the need to proceed with a claim in the litigious, expensive and complicated civil justice system.
The system was established to be a self-executing administrative system. It was to operate in an informal setting without the need for lawyers and litigation.
Unfortunately, over the decades, things became more complicated and complex. Denial and delay became a prevailing theme.
Exposures not envisioned in the original 1911 Act, ie. silicosis (and later asbestosis) were brought into the program to shield insurance carriers and employers from limitless compensatory and punitive damages from toxic exposure claims. This is revealed historically through New Jersey litigation, ie. "The Summer Simpson Papers," see Austin v Johns-Manville, corporate conspiracy.
Additionally, new and expensive treatment modalities/protocols, pharmaceutical regimens and wage equality, as well as other factors, increased costs to the compensation system.
The need increased over the decades for injured workers to have legal knowledgeable legal representation. The NJ Supreme Court recognized that need and established an attorney certification program.
In an effort to limit costs and exposures employers and their insurance carriers have attempted to make changes in the name of "reform" that calls for the reduction and/or elimination of legal representation by attorneys. Obviously if legal fees are eliminated then an injured worker has difficulty in finding a lawyer. Both the State of Florida and the State of California have utilized this tactic.
Senate Bill No. 374 is step forward to help injured workers and their families. While workers' compensation is a consequence of unsafe working conditions, the enactment of this law will hopefully add an economic incentive for employers to maintain safer working conditions. That will be a positive reform to the end of reducing workers' compensation costs overall.
The legislation passed by the NJ Senate will assist injured workers in gaining legal representation and reverses a tide to eliminate attorneys from the process. For decades employers and their insurance carriers have only made voluntary offers and tenders of disability payments after the appearance of an attorney on behalf of an injured worker in a matter. No legal fees were earned and attorneys barely got paid to handle the claim going forward.
Currently, legal fees are subject to the discretion of the Compensation Judge and are capped at 20% of the award, excluding voluntary (bona fide) tender and offers.
This legislation benefits injured workers and is an attempt to level the playing field. This legislation should be supported.
"The Senate Judiciary Committee reports favorably and with
committee amendments Senate Bill No. 374.
This bill, as amended, requires that in cases in which a workers’
compensation petitioner has received compensation from an insurance
company prior to any judgment or award, the reasonable allowance for
attorney fees will be based upon the sum of the amount of
compensation received by the petitioner prior to any judgment, but
after the establishment of an attorney-client relationship pursuant to a
written agreement, and the amount of the judgment or award in excess
of the amount of compensation already received by the petitioner.
Currently, in cases in which a petitioner has received compensation
prior to a judgment or award, a reasonable attorney fee is based upon
only that part of the judgment or award that is in excess of the amount
of compensation already received by the petitioner.
This bill was pre-filed for introduction in the 2014-2015 session
pending technical review. As reported, the bill includes the changes
required by technical review, which has been performed. "
The century old NJ workers' compensation system was built on the premise of providing speedy and remedial benefits to workers who are injured as a result of an occupational injury or exposure. The system was theoretically a "promise" made by employers to provide an easier, quicker and faster administrative benefit program without the need to proceed with a claim in the litigious, expensive and complicated civil justice system.
The system was established to be a self-executing administrative system. It was to operate in an informal setting without the need for lawyers and litigation.
Unfortunately, over the decades, things became more complicated and complex. Denial and delay became a prevailing theme.
Exposures not envisioned in the original 1911 Act, ie. silicosis (and later asbestosis) were brought into the program to shield insurance carriers and employers from limitless compensatory and punitive damages from toxic exposure claims. This is revealed historically through New Jersey litigation, ie. "The Summer Simpson Papers," see Austin v Johns-Manville, corporate conspiracy.
Additionally, new and expensive treatment modalities/protocols, pharmaceutical regimens and wage equality, as well as other factors, increased costs to the compensation system.
The need increased over the decades for injured workers to have legal knowledgeable legal representation. The NJ Supreme Court recognized that need and established an attorney certification program.
In an effort to limit costs and exposures employers and their insurance carriers have attempted to make changes in the name of "reform" that calls for the reduction and/or elimination of legal representation by attorneys. Obviously if legal fees are eliminated then an injured worker has difficulty in finding a lawyer. Both the State of Florida and the State of California have utilized this tactic.
Senate Bill No. 374 is step forward to help injured workers and their families. While workers' compensation is a consequence of unsafe working conditions, the enactment of this law will hopefully add an economic incentive for employers to maintain safer working conditions. That will be a positive reform to the end of reducing workers' compensation costs overall.
….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
Tuesday, January 7, 2014
NJ Senate to Vote on S613 - Workers Compensation Cost of Living Benefit Increase
On Thursday, January 9, 2014, the NJ Senate is scheduled to vote on S613, which is proposed legislation to increase workers' compensation benefits by implementing a cost of living allowance for some beneficiaries.
On December 19, 2013 the following amendments were adopted by the NJ Senate:
These Senate amendments provide:
1. That the periodic cost of living supplement that the bill
provides to an individual for total permanent disability or survivor’s
benefits under workers’ compensation will be reduced by the original
amount of that individual’s periodic Social Security survivor’s or
retirement benefits, but not reduced by subsequent cost of living
increases in those Social Security benefits; and
2. That, in the case of an individual who initially received Social
Security disability benefits and later receives Social Security
retirement benefits, or who dies and has dependents who receive
Social Security survivors’ benefits, the workers’ compensation
supplement will then be reduced by the amount of the Social Security
retirement or survivor benefits, exclusive of any cost of living increase
in those Social Security retirement or survivor benefits
S613:
1/9/2014 1:00:00 PM Senate
1000 AM Committees at the Call of the Senate President
200 PM Voting Session
Senate Chambers
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S613
On December 19, 2013 the following amendments were adopted by the NJ Senate:
These Senate amendments provide:
1. That the periodic cost of living supplement that the bill
provides to an individual for total permanent disability or survivor’s
benefits under workers’ compensation will be reduced by the original
amount of that individual’s periodic Social Security survivor’s or
retirement benefits, but not reduced by subsequent cost of living
increases in those Social Security benefits; and
2. That, in the case of an individual who initially received Social
Security disability benefits and later receives Social Security
retirement benefits, or who dies and has dependents who receive
Social Security survivors’ benefits, the workers’ compensation
supplement will then be reduced by the amount of the Social Security
retirement or survivor benefits, exclusive of any cost of living increase
in those Social Security retirement or survivor benefits
S613:
1/9/2014 1:00:00 PM Senate
1000 AM Committees at the Call of the Senate President
200 PM Voting Session
Senate Chambers
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S613
Subscribe to:
Posts (Atom)