Workers' Compensation Bar Prevails

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

Chevron Falls: Workers' Compensation Survives

A year ago, we examined how the Supreme Court's landmark decision in Loper Bright Enterprises v. Raimondo might reshape the workers' compensation landscape, particularly regarding Medicare Set-Aside (MSA) agreements and the Centers for Medicare & Medicaid Services' (CMS) administration of the Medicare Secondary Payer (MSP) Act. Now, with twelve months of hindsight, we can assess what has actually transpired—and what remains uncertain.

Sherrill's Win Locks In Worker Protections

Under the Democratic leadership of Governor Phil Murphy, New Jersey began a distinct, liberalizing shift in the application of its Workers' Compensation statute. Rather than a total systemic overhaul, the Murphy administration enacted targeted legislation that expanded coverage and lowered the burden of proof for key segments of the workforce.

Workplace Toxins: A Hidden Epidemic

In his groundbreaking new book, The Formula for Better Health: How to Save Millions of Lives—Including Your Own, former CDC Director Dr. Tom Frieden draws on decades of experience leading public health efforts to reveal how to defeat the world's deadliest diseases. While the book covers many health threats, its principles are particularly relevant to one of America's most overlooked crises: occupational exposure to toxic substances.

New Jersey 2026 Rate Relief

Understanding the Latest Workers' Compensation Changes and Second Injury Fund Adjustments

The New Jersey Department of Banking and Insurance has approved significant changes to workers' compensation rates effective January 1, 2026, bringing mixed news for employers across the Garden State. While overall rates are decreasing, the Second Injury Fund contribution has increased notably, impacting the bottom line.

Amazon's Misclassification Strips Workers' Safety Net

When a back injury should mean temporary disability benefits, but instead means choosing between rent and recovery—that's the hidden cost of worker misclassification. New Jersey's recent lawsuit against Amazon exposes how labeling employees as independent contractors strips away critical workers' compensation protections, leaving injured workers financially vulnerable during their most precarious moments.

PTSD Officer's Disability Claim Denied

In a decision that highlights the complex intersection of severe mental trauma and disability law, the U.S. District Court for the District of New Jersey recently affirmed the denial of Social Security disability benefits to a former police officer suffering from Post Tramatic Stress Disorder [PTSD] after someone put a contract on his life.

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

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.

Workers' Compensation Lien Secures Damages

In a negligence action arising from a motor vehicle accident, the court found the defendants were 85% at fault, and the plaintiff, Antonio Lorenzo-Noda, was 15% at fault. The court determined that the plaintiff's negligence, at 15%, was less than the 51% threshold under the New Jersey Comparative Negligence Act, which allows him to recover damages.

Shutdown Threatens Workers' Compensation Settlements

As the September 30 deadline looms, workers' compensation professionals nationwide face an unprecedented crisis that could freeze thousands of settlements, leaving injured workers in a state of financial limbo.

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.

Jersey Fights COVID Workplace Risks

New Jersey's bold move to expand COVID-19 vaccine access represents a critical step forward in workplace safety and pandemic preparedness at a time when other states are moving in the opposite direction. The Garden State's recent Executive Directive No. 25-003 and accompanying Standing Order demonstrate how state-level leadership can protect workers and communities when federal guidance falls short.

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.

WCMSAs: What You Need to Know

The Centers for Medicare & Medicaid Services (CMS) recently hosted an informative webinar on Workers' Compensation Medicare Set-Asides (WCMSAs), shedding light on these crucial financial agreements and their impact on workers' compensation claims. 

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.

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.

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.