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(c) 2010-2026 Jon L Gelman, All Rights Reserved.

Wednesday, May 13, 2020

Bill Expanding Workers’ Comp Benefits for ‘Essential Workers’ Advanced by Labor Committee

Panel approves legislation making it easier for employees on the front lines of coronavirus fight to get work-related benefits

Acting to ensure that ‘essential workers’ serving public needs during the coronavirus crisis get the benefits and protections they deserve, the Senate Labor Committee approved a bill authored by Senate President Steve Sweeney, Senator Robert Singer and Senator Linda Greenstein expanding access to workers’ compensation and other benefits for front-line workers sickened by the coronavirus.

“The men and women who are on the front lines protecting our health and safety and providing the vital services we all need during this crisis must be assured that they have basic worker protections and that they can get workers’ compensation if they fall ill to the coronavirus,” said Senator Sweeney (D-Gloucester/Salem/Cumberland). “We need to ensure that they can go to work with the knowledge that these benefits will be there if they need them.”

The bill, S-2380, would create a presumption that coronavirus disease infections contracted by essential employees who interact with the public, including health care workers and public safety workers, are work-related for the purpose of determining employment benefits for work-related injuries and illnesses, including workers’ compensation benefits. It would cover workers in the public and private sectors.

“New Jersey’s essential employees continue to go to work each and every day, inevitably putting themselves in harms way as they serve their communities,” said Senator Singer (R-30). “Frontline workers who contract COVID-19 should have access to financial safeguards and quality medical care. While we’re hammering out the details with stakeholders and the bill remains a work in progress, I look forward to a positive outcome for everyone.”

The presumption would apply to essential employees in both the public and private sectors who perform needed work during the current public health emergency and would be retroactive to March 9th, when New Jersey’s state of emergency was declared.

“If we are willing to define some of some of the lowest-paid members of our workforce as essential and ask them to put themselves at a higher risk, we must ensure that we provide them with the workers compensation benefits they deserve,” said Senator Greenstein (D-Middlesex/Mercer). “In this unprecedented public health crisis, it is more important than ever that basic protections for those workers who interact with the public and increase their own risk of exposure should be maintained.”

The committee vote was 3-1-1.

The following bill(s) have been scheduled for a committee or a legislative session.
S2380:
Sweeney, Stephen M./Scutari, Nicholas P./Singer, Robert W.
Concerns employment benefits and coronavirus disease 2019 infections contracted by essential employees.
5/14/2020 3:30:00 PM Senate
Voting Session (remote)

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Twitter: jongelman
LinkedIn: JonGelman
Author: "Workers' Compensation Law" West-Thomson-Reuters

Sunday, May 10, 2020

Impartiality: Cornerstone of the justice system

The cornerstone of the justice system is judicial impartiality. Impartiality is essential for fairness and due process. The NJ Code of Conduct for Judges of Compensation NJAC 12:235-10.1 et seq. - Appendix, mandates impartiality of the judiciary.

Saturday, May 9, 2020

California Governor Newsom Announces Workers’ Compensation Benefits for Workers who Contract COVID-19 During Stay at Home Order

The state of California joins A growing number of states who are now liberalizing access to Workers Compensation. benefits for injured workers. New Jersey will be discussing similar legislation next week in Trenton New Jersey (NJ S2380).

Friday, May 8, 2020

NJ Division of Workers' Compensation Expands Active Judicial Staff During the COVID-19 Emergency

The Director and Chief Judge of the NJ DIvision of Workers' Compensation has announced that additional judges of compensation will actively join the staff during the statewide COVID-19 emergency.

Thursday, May 7, 2020

NJ Division of Workers' Compensation COVID-19 Closing Extended to May 26, 2020

Notice to the Bar May 7, 2020 

This notice announces additional statewide steps by the New Jersey Division of Workers’ Compensation to address the ongoing public health crisis surrounding the COVID-19 coronavirus outbreak in New Jersey.

OSHA Sued to Implement Mandatory Worker Safety Standards at Meatpacking Facilities

5,000 meat and poultry plant workers have been sickened by COVID-19, but most facilities show no signs of improving public health and safety measures


Yesterday, Center for Food Safety and Food Chain Workers Alliance filed a legal action demanding that the Occupational Safety and Health Administration (OSHA) issue an emergency temporary standard to protect workers in meat processing plants due to the high percentage of workers who have been sickened by COVID-19. 

Wednesday, May 6, 2020

Senator Turner to Introduce Legislation to Provide Employer Immunity from Lawsuits Related to Coronavirus

Congressman Mike Turner (OH-10) will introduce this week the Employer and Employee COVID Protection Act to eliminate barriers to reopening businesses, get Americans back to work, and empower employees to decide for themselves if they feel safe in their workplace. This legislation will provide all complying businesses with immunity from civil lawsuits if one of their employees contracts coronavirus after states permit businesses to reopen. It will also provide employees with heightened health concerns an opportunity to request special accommodations from their employer and allow them to maintain eligibility for unemployment benefits if they still feel their risk of contracting COVID in their workplace is too high.