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.

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

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.

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.

$10 Million Punitive Damage Award for Workplace Discrimination Upheld

Unlike the NJ workers' compensation claims, there is no cap on punitive damages available for claims under the NJ Law Against Discrimination.

Medical Fees Increased and Expanded

 NJ Governor Murphy has signed legislation that establishes parity in workers’ compensation fees between evaluating physicians of claimants for a written opinion regarding the need for medical treatment or providing an estimation of permanent disability. 

NJ Enforces Laws Against Worker Exploitation

In the four years since Governor Murphy expanded the New Jersey Department of Labor and Workforce Development's (NJDOL) powers in 2019 to halt work on job sites when there is strong evidence of worker exploitation, over 110 stop-work orders have been issued and more than $2.7 million in back wages owed to affected workers, liquidated damages, and penalties have been assessed. 

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.

Counsel Fee of $123,415 Deemed Excessive by the Appellate Division

The NJ Appellate Court reversed and remanded a claim where the Judge of Compensation awarded a counsel fee to the claimant’s attorney $123,415. The reviewing tribunal deemed the fees based on a permanency award, a motion for medical and temporary benefits, and a motion for enforcement inconsistent with the reasonable method in determining fees.

New Fee Rules for Obtaining Medical Records

A new law has been enacted that amends the current law concerning the fees that may be charged for copies of medical and billing records by hospitals and by health care professionals licensed by the Board of Medical Examiners. Obtaining medical records in Workers’ Compensation actions is a standard claim and litigation procedure.

NJDOL Uses Expanded Powers to Stop Worker Exploitation at Job Sites

In the three years since Governor Murphy signed a law expanding NJDOL’s powers to stop work on a job site when there is strong evidence workers are being exploited, the department has issued 71 stop-work orders, through which agents found nearly $1 million in back wages owed to 235 workers. 

CMS Announces 2022 Workers' Compensation Recovery Threshold to Remain at $750.00

Computation of Annual Recovery Thresholds for Certain Liability Insurance, No-Fault Insurance, and Workers' Compensation Settlements, Judgments, Awards, or Other Payments for 2022 were announced this week.

NJ Supreme Holds Employers Responsible for Workers' Compensation Medical Marijuana Costs

The NJ Supreme has recognized that the workers’ compensation system has a legislative mandate to provide the safest medical care to cure and relieve occupational injuries. The Court acknowledged both state and Federal trends to provide non-addictive and non-fatal pain relief in place of the dangerous opioids. 

 

The intent that embraced the creation and development of the social insurance system has given the Court a rational and logical basis, consistent with public policy, to order medical marijuana for palliative care.

Law Would Increase Transparency in the Workers’ Compensation Medical Delivery System

Senator Troy Singleton (NJ D-7) has introduced legislation that would increase transparency in medical treatment arising from workers’ compensation claims.

Cannabis Legislation Enacted in NJ

Today the NJ Legislature approved, and Governor Phil Murphy signed sweeping legislation to legalize the sale of recreational marijuana. Today's action follows the legislative enactment of medical marijuana laws in NJ and case law approving medical marijuana for the treatment of work-related injuries.

Investigative Report Raises Issues

The tension between public pension systems and workers' compensation programs was highlighted in a recent investigative report by the NJ State Comptroller. The report raises additional critical issues common to other state and national collateral social insurance programs challenged by current fiscal limitations.

The Countermeasures Injury Compensation Program (CICP)

The Federal Government has a program to compensate those individuals who have suffered adverse reactions to the COVID-19 (SAR-CoV2) vaccines. The program is the Countermeasures Injury Compensation Program (CICP) established under the Public Readiness and Emergency Preparedness Act (PREP Act), 42 U.S.C. §§ 247d-6d, 247d-6e.

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.

Medical Providers Prohibited From Reporting to Credit Agencies

NJ Governor Murphy has signed legislation (S.3036) that prohibits a provider to an injured worker of medical, surgical, other treatment, or hospital service pursuant to the workers' compensation law, R.S.34:15-1 et seq., from reporting any portion of their charges which are alleged to be unpaid, to any collection or credit reporting agency, bureau, or data collection facility.

Top NJ Workers' Compensation Decisions of 2019

It has been an active 2019 for workers’ compensation decisions in New Jersey. There have been two NJ Supreme Court opinions and three reported Appellate Court opinions that are noteworthy. From a review of the pending docket the NJ Supreme Court will be reviewing at least 3 very significant issues in 2020 invoking workers’ compensation issues.