Mental Health Gets Protection

New Jersey has taken a groundbreaking step forward in supporting the mental health of its first responders. Governor Phil Murphy signed Assembly Bill 5792, which requires workers' compensation to cover 12 hours of counseling for first responders following certain traumatic events. This legislation, now codified as P.L. 2025, c. 134, took effect on August 21, 2025, marking a significant expansion of workers' compensation benefits for mental health issues.

NJ Fights Worker Misclassification

Worker misclassification has become a significant battleground in New Jersey, with state labor officials taking increasingly aggressive action against employers who improperly classify employees as independent contractors. Recent enforcement actions demonstrate the state's commitment to protecting workers' rights and ensuring access to crucial benefits.

Celebrating 5 Million Views: A Testament to Our Community's Commitment to Workers' Compensation Excellence

Today marks an extraordinary milestone for The Workers' Compensation Blog—we have reached 5,000,000 views. This achievement belongs not to us alone, but to the remarkable community of legal professionals, scholars, and practitioners who have made this platform a cornerstone of workers' compensation discourse.

No Workers' Compensation? Work Stops!

The New Jersey Department of Labor (NJDOL) is committed to worker protection, and a recent action in Jersey City underscores a key enforcement tool: stop-work orders. These orders can be issued when employers fail to comply with state laws and regulations, particularly those designed to protect workers. A significant reason for such an order is the failure of an employer to carry workers' compensation insurance.

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.

Joint Special Employer: Dual Liability

The complex issue of employment status, specifically whether an individual can be considered a "joint special employer" in the context of workers' compensation was the subject of a recent court ruling. The New Jersey Superior Court, Appellate Division, examined the case of Joseph Vola, a police officer injured while on an extra traffic duty assignment for Asplundh Tree Experts, arranged through the City of Northfield.

Lingering Shadow: COVID Long-Term Disability Risks for Workers

The ongoing impact of the COVID-19 pandemic extends far beyond the acute infection phase. A recent study published in PLoS One sheds light on the significant and persistent decline in health-related quality of life (HRQoL) among survivors with post-COVID conditions in the United States. This research has crucial implications, particularly when considering the potential for long-term disability among workers who contracted the virus.

The High Cost of Injury

The National Council on Compensation Insurance (NCCI) recently released a comprehensive study examining "mega claims" in workers' compensation insurance. These are claims with reported losses exceeding $2 million, representing a small fraction of total claims but a significant portion of total loss dollars. The study covers accident years 2001-2021, providing valuable insights into trends and patterns within this high-cost category.

State of New Jersey Failed to Address Deficiencies in $96 Million Workers’ Compensation Program

A report released today by the Office of the State Comptroller (OSC) finds that the agency that manages workers’ compensation claims filed by state employees failed to remedy deficiencies identified three years ago. As a result, the State faces a greater risk of preventable workplace injuries, spurious claims, and wasted tax dollars.

California Supreme Court Bars Household Contact Covid Claims

Today, the California Supreme Court decided that the Workers’ Compensation Act [WCA] did not bar a derivative claim. However, using a public policy rationale, it did not extend an employer's duty of care to an employee's household contacts who contracted COVID-19.

Audit of NJ Division of Risk Management Reveals Deficiencies

A recent audit highlights deficiencies in the handling of workers’ compensation claims of NJ State employees. The State of New Jersey is self-insured for workers’ compensation claims and they are managed by the Department of Treasury Division of Risk Management.

Order Now: Workers' Compensation Law 2020 Update

Jon Gelman’s* newly revised and updated treatise on Workers’ Compensation Law has been published by West Group of Egan, MN. The treatise is the most complete and research integrated work available on NJ Workers’ Compensation law.

US EPA Continues to Shield the Asbestos Industry

Trump EPA Moves To Shield Info on Asbestos Imports and Use From Public

The Trump administration has denied a petition by a coalition of environmental groups calling for increased reporting of asbestos importation and use by U.S. manufacturers – despite a sharp rise in asbestos imports into U.S. ports.

The Workplace is Getting Safer - The Future of Workers' Compensation

The US Bureau of Labor Statistics has confirmed the steady decline in accidents and injuries on the job. They have declined for 14 years. This data mirrors the steady decline of workers' compensation claims and the change of the US workplace from a manufacturing to service. 

Electronic Medical Bills for Workers' Compensation Claims

The State of NJ has recently adopted an "electronic medical bill" process. N.J.S.A. 34:15-144, P.L 2016, c. 64. On October 16, 2017, Regulations were proposed to implement the Statute. Public Hearing will be held on Tuesday, November 14, 2017, 10:00 A.M. to 12:00 Noon.  The deadline for written comments is December 15, 2017.

NASI Study: Employers & Employees Lose With Workers' Compensation

WASHINGTON, D.C. – Workers’ compensation employer costs as a share of payroll declined in 2015, reversing a four-year trend, and benefits as a share of payroll fell for the fourth straight year, according to a new report from the National Academy of Social Insurance (the Academy).

Safeguarding Injured Workers From Cybersecurity Breaches

Under new Federal proposals, injured workers will be protected from cybersecurity breaches. The impact will be greater responsibilities and costs for law firms and, employers and their insurance companies.

An Increase Predicted of Reported Mesothelioma Cases

Asbestos is a naturally occurring fibrous mineral which was widely used in the manufacture of a variety of products beginning in the late nineteenth century. Although the majority of exposure to asbestos occurred between 1940 and 1980, in occupations such as construction, shipyards, railroads, insulation, sheet metal, automobile repair, and other related fields, exposure continues to this day.

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.