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.

The Evolving Threat: Modernizing Biosafety to Prevent a Pandemic

Nearly a decade and a half after the initial discussion on the accidental release of potential pandemic pathogens (PPPs), the topic remains a critical concern. As research continues on highly pathogenic viruses like avian influenza A(H5N1), a healthy dose of anxiety and a strong commitment to safety are more important than ever. The debate around the risk-benefit of such research, once highlighted by experts like Marc Lipsitch and Barry R. Bloom, is ongoing, with current research showing a non-negligible risk that an accidental escape event would not be contained.

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.

NJ Workers' Compensation Premium Drops Again

New Jersey's workers' compensation landscape continues its remarkable transformation as employers prepare for another premium reduction in 2026. The New Jersey Compensation Rating and Inspection Bureau (NJCRIB) has established a pattern of consistent rate decreases, with a 6.9% statewide average decrease approved for 2025, continuing what industry experts now recognize as an unprecedented decade-long trend of premium relief for Garden State employers.

Stripping the US Safety Net

The recently passed Republican budget bill in the U.S. House of Representatives, dubbed the "One Big Beautiful Bill Act," is poised to significantly impact Medicare and Medicaid beneficiaries, particularly those with disabilities and injured workers, by dramatically shrinking the U.S. social safety net.

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.

Medicare Set-Aside Shake Up Ahead?

Awaiting a decision from the U.S. Supreme Court, Federal Communications Commission v. Consumers' Research is poised to potentially redefine federal administrative agencies' authority scope. This shift could flow into various regulatory processes, including the Workers' Compensation Medicare Set Aside Agreements (WCMSAs) adjudication. 

Tariff Hikes: Work Comp Costs Rising?

The ripple effects of recent and potential pharmaceutical tariffs are sending shivers through the US healthcare system, and the workers' compensation insurance industry is no exception. Experts warn that these tariffs, essentially taxes on imported drugs and medical supplies, could significantly inflate the cost of workers' compensation coverage soon.

CDC Disruption: Workplace Health at Risk

The recent disruption of the US Centers for Disease Control and Prevention (CDC)'s activities has raised concerns about the potential negative impacts on public health, particularly regarding the identification and treatment of infectious diseases and occupational exposures. Here's how this disruption could negatively impact employees, employers, and ultimately increase the cost of workers' compensation claims:

Asbestos in Cosmetics: FDA Proposes New Testing Rules

The Food and Drug Administration (FDA) has taken a significant step toward enhancing consumer safety by proposing new regulations for detecting asbestos in talc-containing cosmetic products. This proposed rule, outlined in 21 CFR Part 730, aims to establish standardized testing methods for identifying the presence of this hazardous substance.

When Skeptics Lead: The Next Pandemic Challenge

As the United States faces the possibility of another presidential transition, the recent announcement of Donald Trump's health agency nominees has sent ripples of concern through the medical and public health communities. With a potential new administration on the horizon, the critical question emerges: Are we prepared for the next infectious disease challenge in the workplace?

Ethical AI Use: Essential Guidelines for Attorneys

The American Bar Association (ABA) issued Formal Opinion 512, which provides crucial guidance on attorneys' ethical use of Generative AI (GAI) tools. The opinion focuses on competency, confidentiality, communication, supervision, and fees. It also outlines attorney responsibilities and ethical obligations.

Expert’s Published Study Protected Speech

A Federal Court held that the statements in a published academic article authored by a plaintiff’s expert were not actionable because they were either statements of opinion or because they were protected by the First Amendment.

Long COVID Continues as a Workplace Crisis

Long COVID continues to impact the lives of US workers. Millions of Americans live with long COVID and its many symptoms. These include fatigue, cognitive impairment (commonly referred to as muscle or joint pain, shortness of breath, heart palpitations, sleep difficulties, mood changes, and more. With millions of Americans suffering daily, more must be done to address this crisis.

Household Contact Awarded $30 Million Verdict for Mesothelioma

Employers have a responsibility not only to their employees but also to their household contacts, individuals who live in the employee’s home. Employees who are exposed at work may carry the toxic substances home on their clothes or their body.

Time to Review Cybersecurity

As the year is winding down for law firms, it would be a good time to review their cybersecurity protocols. A major threat is ransomware attacks. 

Analysis of the OSHA Report on Severe Injury: A Seven-Year Lookback

The Occupational Safety and Health Administration (OSHA) published the "Severe Injury Report: A Seven-Year Lookback"  summarizing employer-reported inpatient hospitalizations, amputations, and eye losses from 2015 to 2021. This report provides valuable insights into the prevalence and nature of severe workplace injuries, helping identify areas for improvement in workplace safety.

Implementing AI for Workers’ Compensation Law Firms and Insurance Companies

Artificial intelligence [AI] opens new frontiers for workers’ compensation law firms and insurance companies. Last week, Google announced new applications that will vastly expand how workers’ compensation claims can be serviced, managed, and supported.

The case for increased counsel fees

Long overdue legislation has been introduced in the NJ Assembly to increase workers' compensation counsel's fees for petitioner's/claimant's attorneys. The workers' compensation law field has historically been considered a legal specialty that needs to be improved in the quality of representation available to injured workers. It has hindered the ability of injured workers to seek adequate recoveries in the administrative law system.

Use of Opioid Settlement Funds in NJ

As part of the Murphy Administration’s ongoing efforts to help New Jerseyans impacted by the opioid crisis, and in recognition of Overdose Awareness Day, Governor Phil Murphy announced additional steps the Administration is taking in New Jersey. Through a new online portal and Executive Order No. 305, the Governor has established two methods through which members of the public and relevant stakeholders can provide their input on the best use of the opioid settlement funds that New Jersey is receiving.