Flu Season's Hidden Workers' Compensation Cost

As healthcare facilities across the nation report surging respiratory illness cases, the spotlight has turned once again to protecting those on the front lines of medicine. Recent surveillance data reveal a troubling trend: flu activity is increasing rapidly across the United States, with cases and hospitalizations rising by 78% and 53% respectively, in some states, while emergency department visits for influenza have more than doubled in certain regions.

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.

Healthcare Crisis Threatens Workers' Compensation

The American healthcare system is approaching a breaking point that will have profound implications for employers and workers' compensation insurers. As healthcare costs spiral out of control and insurance becomes increasingly unaffordable, a growing number of workers are entering the workplace with untreated medical conditions that will significantly amplify the severity and cost of work-related injuries.

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.

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

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.

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.

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.

Trial Judge Deference Prevails

How Appellate Courts Respect Workers' Compensation Findings and Why Prior Rulings Don't Always Bar Future Claims

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.

Navigating Physician Payment Changes

The Centers for Medicare & Medicaid Services (CMS) has recently unveiled its proposed rule for the Calendar Year (CY) 2026 Medicare Physician Fee Schedule (PFS). This proposal outlines significant changes that will shape how physicians are reimbursed for their services going forward, and stakeholders will need to understand the potential implications.

NJ Workers' Compensation Cost Trends

The New Jersey Compensation Rating and Inspection Bureau (NJ CRIB) has released its 2024 annual report, offering a crucial look into the trends shaping the state's workers' compensation landscape. Understanding these trends is paramount for businesses operating in New Jersey, as it helps manage costs and ensure compliance. This analysis delves into the report's key findings, focusing on the cost of medical treatment relative to indemnity payments and overall claim trends.

Medical Reports Matter: Court Remands Disability Case

The U.S. District Court recently vacated and remanded a decision by the Commissioner of Social Security, emphasizing the critical importance of considering all relevant medical evidence, particularly reports generated within the context of a workers' compensation claim. 

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. 

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 Workers' Compensation: Broken Medical Promises

Like the broader US system, workers' compensation in New Jersey promises to protect employees injured on the job by ensuring timely and adequate medical care. However, this promise often feels broken when navigating the system's realities, particularly concerning medical benefits. Injured workers frequently encounter significant hurdles, especially when seeking medical treatment for both routine conditions and those requiring immediate attention.

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: