Workers' Compensation: NJ Announces COVID-19 Worker Protection Complaint Form

NJ Executive Order 192 imposes requirements on every employer-business, non-profit, governmental and educational entities to take steps to prevent the spread of COVID-19 to employees, customers and others who come into physical contact with its operations.

The requirements address such measures as social distancing, the wearing of face masks, health checks and the cleaning and disinfecting of high touch areas. The intent of the law is for employers to undertake measures to protect their employees.

Employers should engage consultants to assist them in “making system-level decisions about how to mitigate the risk of transmission in a variety of settings,” said Dr. Michael Gelman, MD/PhD, an infectious disease specialist and founder of Pandemic Preparedness Experts LLC.

Employers have become a target of liability lawsuits. A lawsuit was filed by a widow of a former employee of NJ Transit claiming that NJ Transit failed to act to protect her deceased spouse and family from the fatal COVID virus. (Hansen v. NJ Transit) It is alleged that the employer failed to enact any safety protocols or provisions for their employees to fight the virus.

As COVID numbers have increased dramatically, Gov. Murphy announce yesterday that additional restrictions are imminent to curb the spread.

The full text of Executive Order 192 is available here.

If you believe that an employer has created an unhealthy or unsafe workplace due to its failure to meet any of the requirements of Executive Order 192 you may use this form to file a complaint with the New Jersey Department of Labor and Workforce Development's Division of Public Safety and Occupational Safety and Health (PSOSH).

It is unlawful for your employer to retaliate against you for filing a complaint. Your identity and other personally identifiable information shall be kept confidential to the extent practicable except where disclosure is deemed necessary for the enforcement of any State or Federal law.

If you choose to file a complaint anonymously, you will not get status updates about your claim and neither you nor anyone else will receive any information about the claim.

This form serves workers in the private sector. If you are covered by the Public Employees Occupational Safety and Health Act, please use the existing intake process reserved for public employees (both state and local). You can choose to file with Department of Health here or with Department of Labor here.

If you have COVID-related concerns that are not about workplace safety and health, please visit: https://covid19.nj.gov/forms/violation.

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