Workers’ Compensation Benefits for Long COVID

 New Jersey Workers' Compensation Benefits for Long COVID: A Comprehensive Update

Understanding Your Rights Under New Jersey's Enhanced Protections for Essential Workers

Heat: The Silent Worker Threat

When we think about workplace heat exposure, images of construction workers under the blazing sun or farmers toiling in fields typically come to mind. However, groundbreaking new research from Harvard's T.H. Chan School of Public Health reveals a sobering truth: heat is silently increasing the risk of injury for workers across virtually every industry—including those working primarily indoors.

DOGE Changes: Workers' Comp Costs Rise?

Changes within the Department of Government Efficiency (DOGE) could have negative economic repercussions for states that rely on a loophole that allows workers' compensation insurance carriers to benefit from Social Security Disability payments through reverse offsets. 

Bird Flu Transmission: Occupational Hazards

Persons working closely with animals infected with the Highly Pathogenic Avian Influenza (HPAI) A(H5N1) virus, such as dairy cows, poultry, and other animals, are at an elevated risk of contracting the virus.  

Heat Illness: A Firefighter's Fight

A recent study highlights a concerning trend: increasing rates of heat-related illnesses among firefighters in the Golden State. As climate change intensifies, extreme heat events are becoming more frequent and severe, posing significant risks to those who bravely battle wildfires and other emergencies. This raises crucial questions about worker safety and the availability of adequate workers' compensation benefits.

Algorithmic Burnout: Amazon's Warehouse Workers Under Siege

In a groundbreaking investigation, the United States Senate has exposed a disturbing reality within Amazon's warehouse operations: a systemic approach to worker productivity that comes at an unprecedented human cost. The report reveals a stark and troubling correlation between the company's relentless pursuit of efficiency and the physical well-being of its workforce.

How OSHA Standards Revolutionize Workplace Safety

Jordan Barab’s recent testimony before the House Education and Workforce Committee Subcommittee on Workforce Protections focused extensively on the importance of OSHA (Occupational Safety and Health Administration) standards in ensuring workplace safety. 

New Jersey's S2422: Blazing a Trail for Worker Heat Protection Amid Federal Uncertainty

New Jersey Senate Bill S2422 provides for an occupational heat standard and aims to protect workers. The state-level proposal is critical in light of the recent US Supreme Court decision on Federal regulations.

New Report Reviews Evidence on Long COVID Diagnosis, Risk, Symptoms, and Functional Impact for Patients

A new report from the National Academies of Sciences, Engineering, and Medicine presents conclusions about Long-term COVID diagnosis, symptoms, and impact on daily function — including that Long-term COVID can cause more than 200 symptoms and that a positive COVID-19 test is not necessary for making a Long COVID diagnosis.

California's WVPP Legislation: A Potential Benefit for Workers and Industry?

California's Senate Bill 553 (SB 553), which mandates a Workplace Violence Prevention Plan (WVPP) for most employers by July 1, 2024, has a primary focus on employee safety. However, it might also have a secondary benefit – reduced workers' compensation insurance costs.

Top Blog Posts of 2023

It has been a busy year for the Workers' Compensation blog. This blog has had over 2 million views. Here is a list of the most popular posts in 2023. 

Happy New Year!

New EPA Rule Will Lighten the Burden of Proving an Asbestos-Related Disease Claim

In many occupational asbestos claims, it has been challenging to establish that asbestos fiber was used in the workplace. That will soon change under recently announced US Environmental Protection Agency [EPA] Rules.

Workers’ Compensation Benefits for Occupational Exposure to Cellphone Radiation

Last week, the French government requested that Apple stop selling the iPhone 12 model because of excessive radiation detected during recent tests. The Agence National des Fréquences [ANFR] stated that “…Apple must immediately take all measures to prevent the availability on the market of the phones concerned present in the supply chain. Regarding phones already sold, Apple must take corrective measures as soon as possible to make the phones concerned compliant. Otherwise, it will be up to Apple to recall them.”

President Biden Announces New Actions to Protect Workers from Extreme Heat

Millions of American workers are currently experiencing the effects of extreme heat, which is growing in intensity, frequency, and duration due to the climate crisis. President Biden requests the Department of Labor to issue Hazard Alerts for Heat and take other actions to protect workers from extreme heat. 

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.

California Supreme Court to File its Decision in a Derivative Immunity Claim Tomorrow

The California Supreme Court will file its much-anticipated decision regarding KUCIEMBA v. VICTORY WOODWORKS, Case: S274191, on Thursday, July 6, 2023, at 10:00 am (PT). The Court had accepted the request of the US Court of Appeals for the Ninth Circuit to answer a question of state law regarding employers' liability in COVID claims. Briefs are now available online (See below).

US Supreme Court Allows State Law to Govern Willful Misconduct Cases Under the PREP Act

The US Supreme Court [SCOTUS] has declined to review whether the PREP Act [The Public Readiness and Emergency Preparedness (PREP) Act of 2005, 42 U.S.C. §§ 247d-6d, 247d-6e] pre-empts a claim for willful misconduct, GLENHAVEN HEALTHCARE LLC v. Saldana, Supreme Court 2022. On appeal,  Saldana v. Glenhaven Healthcare LLC, 27 F. 4th 679 - Court of Appeals, 9th Circuit 2022

US Supreme Court Asked to Review PREP Act Immunity

The US Supreme Court [SCOTUS] has been asked to review whether the PREP Act [The Public Readiness and Emergency Preparedness (PREP) Act of 2005, 42 U.S.C. §§ 247d-6d, 247d-6e] pre-empts a claim for willful misconduct,

Household Contact COVID Case Status in California Supreme Court

The defense brief has now been submitted to California Supreme Court for review on the question of whether the workers’ compensation act does bars a claim against an employer by a household contact of an employee who contacted COVID at work. The court granted the request, made under California Rules of Court, Rule 8.548, that the court will decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. 

Republican Senators Block Final Passage of The Bipartisan Toxic Exposure Bill That Would Assist Veterans

In a stunning reversal the much-anticipated legislation that would aid veterans exposed to toxic burn pits, and water contamination at Camp Lejune and other war sites was blocked by a unified group of 25 Republican Senators. The widely bipartisan Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics (PACT) Act of 2022 previously passed the senate 84-14.