NJ Supreme Court to Review COVID Compensability

The New Jersey Supreme Court has agreed to review Amato v. Township of Ocean School District, a pivotal case with significant implications for workers' compensation benefits related to COVID-19 occupational exposure, particularly concerning the interpretation of "essential employee" and a notable judicial recusal issue. This decision by the state's highest court underscores the critical legal questions that the Court will address.

Navigating NJ's ABC Test Changes

New Jersey's Department of Labor and Workforce Development (DLWD) has proposed new rules (N.J.A.C. 12:11) to clarify the application of the "ABC test" for determining independent contractor status. These proposed rules provide guidance for employers and workers on who is considered an employee versus an independent contractor under various New Jersey statutes.

NJ Workers' Compensation Cost Trends

The New Jersey Compensation Rating and Inspection Bureau (NJ CRIB) has released its 2024 annual report, offering a crucial look into the trends shaping the state's workers' compensation landscape. Understanding these trends is paramount for businesses operating in New Jersey, as it helps manage costs and ensure compliance. This analysis delves into the report's key findings, focusing on the cost of medical treatment relative to indemnity payments and overall claim trends.

Workplace Injury: No Civil Recourse

A recent decision by the New Jersey Superior Court, Appellate Division, highlighted the application of the Workers' Compensation Act's exclusivity bar in a case involving a fatal parking lot accident on employer property. The court in Faisal Jameel v. HMH Hospitals Corporation affirmed the dismissal of a civil lawsuit against the employer, finding that workers' compensation covered the tragic incident and did not meet the high standard for the "intentional wrong" exception.

Amazon Settles with California Over Concealment of COVID Data From Warehouse Workers COVID-19

Historically workers have been denied adequate occupational exposure information, which has led to epidemics of disease/death and lawsuit, including workers' compensation claims. Exposure to the SARS-CoV-2 (Coronavirus) virus has been no exception.

NJ Governor Declares State of Emergency in Advance of Winter Storm

NJ Governor Murphy has declared that all State offices will close at 1pm on December 16, 2020 due to inclement weather conditions. Personnel who are not designated as weather essential should go home and continue to work their regular shift via telework. 

NJ Compensation Courts Closed to the Public Until Further Notice

The NJ Division of Workers' Compensation announced today that the Compensation Courts are closed to the public until further notice in light of the COVID Pandemic. This is not surprising in light of the steep increase in COVID cases nationally and in NJ. 

OSHA Fines Palisades Park NJ Contractor $1.9 Million For Safety Hazards

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is proposing penalties against BB Frame LLC – operating as Frame Q and as Juan Quevedo (the owner and principal) – for exposing workers to multiple safety hazards at four Bergen County, New Jersey, worksites. OSHA conducted five investigations beginning in December 2019 of the Palisades Park, New Jersey, framing contractor and is proposing $1,997,125 in penalties.

NJ Offers Tax Credits to Employers to Offset Minimum Wage Increases for Workers with Impairments

A $10 million tax credit program put into effect for the 2019 tax year will help offset payroll cost increases for employers of workers with impairments.

The program was created through the minimum wage law signed by Governor Murphy in 2019 to ease the transition for businesses to a $15 minimum wage, and is administered by the New Jersey Department of Labor and Workforce Development. It is designed to help bridge the economic gap for employers as the minimum wage rises by $1 per hour each year until it reaches $15 per hour in 2024 for most employees.

Employers of workers with impairments will be able to claim credit for the cost of the wage increases and corresponding increases in payroll taxes that the employer pays on those workers’ wages.

“Every hardworking New Jerseyan working full-time deserves a fair, livable wage,” said Governor Phil Murphy. “With this new program, we are committed to providing individuals with disabilities the opportunity to fully participate in our society and economy while ensuring the viability of businesses in New Jersey.”

“While it is critical for workers to be able to earn a living wage, we must also continue to support our business community, especially those who provide employment for hard-to-place workers,” said Labor Commissioner Robert Asaro-Angelo.

The program is part of Gov. Murphy’s Jobs NJ, a multi-pronged initiative to grow New Jersey’s talent pool to meet the needs of businesses into the future. It is part of the governor’s over-arching goal of providing equitable opportunities in the workforce and building a stronger, fairer economy for all. To learn more about Jobs NJ, click here.

Qualifying employees are those who earn at least minimum wage and whose work capacity is “significantly impaired by age or physical or mental deficiency or injury” and who are found by the state to be eligible for personal assistance or prescribed drugs to be able to perform the essential tasks of the job.

Eligible employers must complete an Application for Certification, which can be found here.

To read more about "minimum wage" and workers' compensation, click here.

…. 

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.

NJ Legislature Bans Asbestos

Both houses of the New Jersey Legislature has made history by passing a bill to ban the sale of asbestos products in the State. The legislation awaits the Governor’s signature. [Editorial Note:  A4416 NJ Leg Session 2018-19 was signed by the Governor  and enacted, Approved P.L. 2019, c.114 on May 10, 2019 - Click Here for Pamphlet Law].

NJ Labor Department, OSHA Form Alliance to Better Protect Workers

The New Jersey Department of Labor and Workforce Development (NJDOL), the New Jersey State Industrial Safety Committee (NJSISC), and the U.S Department of Labor’s Occupational Safety and Health Administration (OSHA) has signed an agreement establishing an alliance to foster safer and more healthful workplaces in the Garden State. Through this partnership, the participating organizations will share information, resources, guidance, and access to training.

The alliance is based on the recognition of the value of collaboration in enhancing employee safety, which all three agencies have a hand in enforcing.

“At the forefront of our mission is ensuring the health and safety of New Jersey’s public workers,” said Labor Commissioner Robert Asaro-Angelo. “This agreement with OSHA, and our long-standing partners at NJSISC, will help provide our employees with access to all the resources they need, so workers can get the common sense protections they deserve.”

The participating agencies intend to work together to raise awareness of workplace safety and health practice through a new campaign called “Safe + Sound.” New information will be disseminated through the campaign on management leadership, employee engagement, and systematic approaches to find and fix workplace hazards before they cause illness or injury to a worker.

For example, the participants will share relevant injury, illness and hazard exposure data to help identify areas of emphasis for awareness, outreach and communication, and will evaluate the effectiveness of its efforts in improving workplace safety.

“It is clear that an excellent safety record can positively impact workers and their families, as well as business productivity and sustainability,” Robert Kulick, OSHA regional administrator in New York, said. “This Alliance, based on OSHA’s national Safe + Sound Campaign, provides a roadmap for New Jersey employers as they focus on safety performance. It is rooted in the belief that every workplace should have a safety and health program that includes three core elements of management–leadership, worker participation, and a systematic approach to find and fix hazards.”

James Braswell, chair of the State Industrial Safety Committee, said: “Through the alliance with the OSHA New York Regional Office and the NJ Department of Labor and Workforce Development, the NJSISC has affirmed its commitment to promote effective safety and health programs across New Jersey and increase access to workplace safety training. We are excited to be part of this joint collaboration and for the ability to influence the future of safety and health within our state.”

Employers with exemplary safety records will be recognized and invited to share their best practices with others. NJDOL’s free, on-site safety consultation program will be promoted.

Fee Schedules: A defense of bureaucracy in workers compensation

Today's guest post was authored by Jon Rehm**, Esquire of the Nebraska Bar.

Former New Jersey Governor Chris Christie

Lawyers on “both sides of the v.” in Nebraska like to grumble about rules and regulations imposed by the workers’ compensation court.

First Responder Workers' Compensation Benefits Bill Advances

A public hearing of a bill (A1741 and S716) advancing workers' compensation benefits for first responders will be held on October 18, 2018 at 10:00 am Committee Room 15, 4th Floor, State House Annex, Trenton, NJ.

This bill creates a rebuttable presumption of workers’ compensation coverage for public safety workers and other employees in certain circumstances. The bill affirms that if, in the course of employment, a public safety worker is exposed to a serious communicable disease or a biological warfare or epidemic-related pathogen or biological toxin, all care or treatment of the worker, including services needed to ascertain whether the worker contracted the disease, shall be compensable under workers' compensation, even if the worker is found not to have contracted the disease.

A Deviation Off-Premises Bars Claim

The “Coming and Going Rule” has always been a grey area in determining compensability in the workers’ compensation arena. A bucket full of cases and statutory modifications have tried to establish clarity.

Making Workplaces Safer

This marks the 27th year the AFL-CIO has produced a report on the state of safety and health protections for America’s workers. It features state and national information on workplace fatalities, injuries, illnesses, the number and frequency of workplace inspections, penalties, funding, staffing and public employee coverage under the Occupational Safety and Health Act. It also includes information on the state of mine safety and health.

Equal Pay for Equal Work Now Law in New Jersey - Legislation Signed

NJ Governor Murphy Signs Historic, Sweeping Equal Pay Legislation that will balance the playing field for women receiving workers' compensation benefits for occupational injuries and illnesses.

NJ Corrections Officers Are Entitled to Supplemental Benefits

NJ Corrections officers and other designated safety officers are now entitled to supplemental payments equating to full salary while on Workers’ Compensation temporary disability benefits. Recent legislation that was effective as of October 17, 2017, requires certain employers to make supplemental payments so that full salary is received by the injured workers.

Technology - Efficiency - Uniform Procedure

For decades the NJ Workers' Compensation administrative law system has had to adapt to meet the social, political, economic and technological changes of a changing world. The well thought-out proposals by the NJ State Bar Association (NJSBA) are a starting point to the beginning of a new wave of discussion and change.

The Promise of State Initiatives to Prevent Long Term Work Disability

Every year, millions of Americans suffer from medical conditions that affect their ability to work. This puts them at risk of losing their jobs or being forced to rely on Social Security Disability Insurance (SSDI). States could help many of these workers stay in their jobs, but promising options for doing this remain largely untested. The five states with state-mandated short-term disability benefits— California, Hawaii, New Jersey, New York, and Rhode Island—are promising settings for such tests.

Union City NJ contractor allowed dangerous hazards that led to worker's fatal fall

Union City contractor allowed dangerous hazards that led
to worker's fatal fall while removing siding at Bayonne home

Employer name: Bolivar Enterprises LLC, 902 Central Ave., Union City, New Jersey

Citations issued: On June 3, 2016, the U.S. Department of Labor's Occupational Safety and Health Administration issued citations for nine serious violations.