U.S. Senators Kamala D. Harris (D-CA), Richard Blumenthal (D-CT), Tammy Duckworth (D-IL), Kirsten Gillibrand (D-NY), and Bernie Sanders (I-VT) on Wednesday wrote to Congressional leadership calling for the creation of a federal fund to reimburse essential frontline workers for costs incurred while serving the American public during the pandemic. The Essential Frontline Worker Compensation Fund would help workers safely stay on the job and afford medical costs, transportation, temporary housing, childcare, and care for other long-lasting traumas that may come with serving at the forefront of this pandemic – including testing positive for COVID-19.
Thursday, May 14, 2020
Wednesday, May 13, 2020
New Jersey is hiring contact testers to curtail COVID-19 spread
In effort to limit the spread of COVID-19 virus, the State of New Jersey has launched a massive contact tester program. In conjunction with the State of New York, State of Connecticut and Bloomberg Philanthropies, New Jersey is now beginning to hire contact testers and offer free training.
NJ Health Commissioner Orders COVID-19 Testing in all Long-Term Care Facilities
NJ is implementing mandatory testing requirements for all staff and residents of nursing homes. The new testing requirement will establish objective evidence as to the existence of the COVID-19 infection to both essential workers and residents in nursing homes.
A Federal Heroes Compensation Fund
The COVID-19 pandemic has the potential of generating an enormous number of occupational illness claims from health care workers [HCW] and first responders [FR]. Several governmental leaders have called for a nationalized workers’ compensation benefit program to handle the surge of claims.
NJ Supreme Court Holds Subrogation Conflict Does Not Exist Between Workers’ Compensation and the Auto Insurance Statute
In a PER CURIAM opinion, the NJ Supreme Court held that there is no conflict between the Workers’ Compensation Act and Automobile Insurance Laws. Subrogation was permitted.
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.
Blog: Workers ' Compensation
Twitter: jongelman
LinkedIn: JonGelman
LinkedIn Group: Injured Workers Law & Advocacy Group
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.
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