Workers' Compensation Bar Prevails

The New Jersey Appellate Division affirms the exclusivity of workers' compensation in a workplace-fall case.

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

Protecting Healthcare Heroes: Pandemic Preparedness

The 2025 Global Preparedness Monitoring Board (GPMB) report, The New Face of Pandemic Preparedness, arrives with a sobering message: five years after COVID-19 began, the world remains dangerously unprepared for the next pandemic. But perhaps nowhere is this vulnerability more acute than among healthcare workers and first responders—the very people we depend on when crisis strikes.

Bendix Asbestos: Legacy Lives On

For decades, the former Bendix plant in Teterboro, New Jersey, represented American industrial might—manufacturing brake systems and aerospace components that powered the nation's growth. But beneath that productive facade lurked a silent killer: asbestos. Today, Honeywell's recent divestiture of all legacy Bendix asbestos liabilities to Delticus for approximately $1.68 billion brings renewed attention to a public health crisis that continues to unfold, even as the factory floors have long gone quiet.

NJ's Minimum Wage Climbs Higher

 Garden State Workers to See $15.92 Hourly Rate in 2026

New Jersey's minimum wage landscape is undergoing another change. Starting January 1, 2026, most employees across the Garden State will see their minimum hourly wage increase to $15.92, marking a $0.43 jump from the current rate. This announcement from the New Jersey Department of Labor and Workforce Development continues the state's commitment to ensuring workers receive a livable wage.

Masks, Hugs, and Proof Gaps

On March 15, 2020, during the early days of the COVID-19 pandemic, Robert Elijah hugged his coworker, Juan Martinez, in a PATH employee locker room after resolving an argument. Neither wore masks. Martinez had been experiencing symptoms he described as resembling a head cold—dizziness, coughing, heavy breathing, and headaches—though as a smoker, he considered seasonal coughs normal.

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.

Asbestos Ban: A Win for Workers

In a significant development for public health and worker safety, the Trump administration has withdrawn its plan to reconsider the Biden-era ban on chrysotile asbestos, the last form of asbestos still imported and used in the United States. This reversal comes after a period of uncertainty and public outcry, marking a crucial step toward finally addressing the long-standing threat of asbestos exposure in the United States.

Asbestos: USA's Unfinished Ban Battle

For decades, the insidious threat of asbestos has loomed over public health, leaving a trail of devastating diseases. While many developed nations have long enacted comprehensive bans, the United States has lagged, allowing a dangerous legacy to persist. Recent actions by the Environmental Protection Agency (EPA) mark a significant, albeit still incomplete, step towards finally addressing this critical issue. The issue is still pending before the US 5th Circuit Court of Appeals.

COVID-19 Claims: Work-Related?

In West Virginia, a workers' compensation claim for COVID-19 can be considered compensable even if the disease is common outside of work, as long as the claimant can prove it was contracted in the course of and resulted from their employment. Statistical evidence of general risk is relevant but not the sole determining factor.

Failure to Assist Not Actionable

 For a workplace injury claim to bypass the exclusive New Jersey Workers' Compensation Act, the employer's conduct must be an "intentional wrong" – meaning they knew injury or death was virtually certain, and the injury is beyond the scope of typical industrial employment. Simply entrusting an injured employee to a friend for transport to medical care generally doesn't meet this high bar.

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.

Remember the Dead, Fight for the Living

International Workers' Memorial Day, observed annually on April 28th, serves as a crucial reminder to honor those who have lost their lives or been injured at work and to advocate for safer working conditions for all.

The Toll of Neglect: Understanding the AFL-CIO Report and its Impact on NJ Workers' Compensation

Every year, the AFL-CIO releases its "Death on the Job: The Toll of Neglect" report, a sobering account of workplace fatalities and injuries across the United States. This report highlights the tragic human cost of unsafe working conditions and serves as a critical tool for understanding trends and advocating for stronger worker protections. For workers in New Jersey, understanding the findings of this report is crucial, as it can shed light on the challenges faced when pursuing workers' compensation claims.

NJ Contractor Cuts Corners, Risks Worker Lives

In a stark reminder of workplace safety, New Jersey contractor Jose Correa has pleaded guilty to a serious environmental crime that endangered construction workers in East Harlem. During a supermarket renovation project in late 2022, Correa made a dangerous and illegal decision that could have had devastating consequences.

NJ Supreme Court to Review Workplace Insurance Exclusion

The NJ Supreme Court will review whether a workers’ compensation insurance company has a duty to defend an employer against personal injury claims brought by the employer’s employee under an employer's liability insurance policy.

Trench Injury Not an Intentional Wrong

A Federal Court held that injuries sustained while cleaning a trench conveyor trim removal system at a paper manufacturing facility did not meet the threshold test for an intentional tort.

OSHA Proposes a Workplace Heat Standard

OSHA’s proposed new workplace heat standard requires employers to develop a plan to identify and address heat hazards. This plan must include monitoring heat conditions, providing water, and training employees about heat safety. The standard also sets requirements for acclimatization for new and returning employees.

Bill Proposes to Increase Benefits for Some Injured Workers and Dependents

Assemblywoman Dawn Fantasia filed legislation to institute additional workers' compensation supplemental benefits on June 13, 2024, and Assemblyman Inganamort co-sponsored it.