The Clock Runs Out

What the 2026 Social Security Trustees Report Means for Injured and Retired Workers

SIF, PEOs, and Ethics

On May 13, 2026, the New Jersey workers' compensation bar gathered for the annual May Day Seminar, a three-hour intensive legal education covering some of the most pressing and financially consequential issues in the practice. The topics: the Second Injury Fund (SIF) credit debate, the chaos of PEO coverage litigation, and the ethics landmines embedded in the insurer/employer/attorney triangle. What follows is a practitioner's guide to the issues presented, the law as it now stands, and what you need to do about it.

Single Payer’s Workers’ Compensation Gamble

For more than a decade, this blog has tracked what I have called “The Path to Federalization,” the steady, incremental expansion of federal authority over what was once an exclusively state-run workers’ compensation system. From the World Trade Center Health Program in 2010 to the Affordable Care Act’s Libby Care pilot, from Supreme Court validation of the individual mandate in 2012 to the Medicare Secondary Payer offset debate, each chapter has added a new stone to that path. California’s 2026 gubernatorial race is laying the boldest stone yet.

SSDI in Freefall

The Social Security Administration's (SSA) Disability Insurance (SSDI) program has undergone a dramatic transformation over the past decade. New data from SSA's Office of the Chief Actuary reveal a steep and sustained decline in disabled-worker beneficiary rolls, a trend with profound consequences not only for disabled workers but also for the workers' compensation system that frequently intersects with SSDI benefits.

Gelman on Workers' Compensation Law 2026 Update Now Available

Jon Gelman's newly revised and updated treatise on Workers' Compensation Law 2026 has been published by Thomson Reuters of Eagan, MN. This marks the 40th annual supplement to the New Jersey Practice Series on Workers' Compensation Law. The treatise is the most comprehensive, research-integrated work, on Workers' Compensation law, and is fully integrated with Westlaw.

Labor's Workplace Safety Impact

While union membership hit a historic low of 9.9% in 2024—down from 20.1% in 1983—organized labor's influence on workers' compensation and workplace safety remains surprisingly powerful. This seeming contradiction reveals a critical truth: unions punch above their weight in protecting injured workers and preventing workplace injuries.

Disability Trends Signal Crucial Shift

The 2024 Social Security Disability Insurance Report Reveals Important Changes for Injured Workers and Their Families 

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.

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

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.

DOGE Changes: Workers' Comp Costs Rise?

Changes within the Department of Government Efficiency (DOGE) could have negative economic repercussions for states that rely on a loophole that allows workers' compensation insurance carriers to benefit from Social Security Disability payments through reverse offsets. 

Clocks and Dangers: Daylight Savings and Workplace Injuries

Most people in the United States look forward to Daylight Savings Time every spring. We lose an hour of sleep but gain an extra hour of sunshine in the evening. While many people enjoy the extra sunshine, they may not know the dangers of this switch. Studies have shown that the Monday following the switch to Daylight Savings Time is more dangerous for workplace injuries.

Long Overdue Public Safety Worker Coverage

Legislation has been reintroduced to provide workers’ compensation benefits for certain public safety workers who developed an occupational illness or injury flowing from the September 11, 2001, terrorist attacks. A closer look at the legislation reveals that it removes defenses such as causal relationship, statute of limitations, and jurisdiction. Complicated statutory and regulatory challenges may ultimately offset the benefits offered. 

Rules Adopted to End NJ Pension Cost Shifting

The New Jersey Department of Labor and Workforce Development [DLWD] adopted Rules embracing the recommendations of  NJ State Comptroller concerning NJ State Pensions. A February 2021 investigative report by the NJ State Comptroller raised critical issues common to other state and national collateral social insurance programs challenged by current fiscal limitations. The rules are effective as of March 7, 2022.  54 N.J.R.448(a). The Rules were adopted without change and have retroactive application.

Senator Murray Calls for Permanent Daylight Saving Time Ahead of Clocks Falling Backward This Weekend

This week, U.S. Senator Patty Murray (D-WA) spoke on the Senate floor calling for federal action to follow the will of Washington voters and allow Washington state and the rest of the nation to move to permanent Daylight Saving Time (DST). During the speech, Senator Murray called on the Senate to pass legislation she has cosponsored, the Sunshine Protection Act, to establish permanent DST. Murray also pressed for executive action by the Biden administration to grant states like Washington, that have voted to move to permanent DST, a waiver to do so.

Social Security Announces 5.9 Percent Benefit Increase for 2022

Social Security and Supplemental Security Income (SSI) benefits for approximately 70 million Americans will increase 5.9 percent in 2022, the Social Security Administration announced.

Social Security to be Depleted by 2033

The Social Security Board of Trustees today released its annual report on the long-term financial status of the Social Security Trust Funds. The combined asset reserves of the Old-Age and Survivors Insurance and Disability Insurance (OASI and DI) Trust Funds are projected to become depleted in 2034, one year earlier than projected last year, with 78 percent of benefits payable at that time. 

Rules Proposed to End NJ Pension Cost Shifting

The New Jersey Department of Labor and Workforce Development [DLWD] has proposed Rules that will adopt the recommendations of  NJ State Comptroller. A February 2021 investigative report by the NJ State Comptroller raised critical issues common to other state and national collateral social insurance programs challenged by current fiscal limitations. The deadline for written comments is October 15, 2021.

NJ Court Upholds Bar on Implementing Triennial Determination

Disability Benefits before age 62 are not entitled to a COLA (Cost of Linving) increase in benefits, a “triennial determination.” The Court reasoned that the 1980 NJ statute allowing for a “reverse offset,” one in which the employer takes the Social Security Disability Offset, also permits NJ law to pre-empt Federal law that mandates such a recalculation.