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.

Workers' Compensation Insurance: Intentional Wrong?

Employers' liability insurance policies generally exclude coverage for "intentional wrongs" committed against employees, even if those employees also pursue workers' compensation claims.

Joint Special Employer: Dual Liability

The complex issue of employment status, specifically whether an individual can be considered a "joint special employer" in the context of workers' compensation was the subject of a recent court ruling. The New Jersey Superior Court, Appellate Division, examined the case of Joseph Vola, a police officer injured while on an extra traffic duty assignment for Asplundh Tree Experts, arranged through the City of Northfield.

Lingering Shadow: COVID Long-Term Disability Risks for Workers

The ongoing impact of the COVID-19 pandemic extends far beyond the acute infection phase. A recent study published in PLoS One sheds light on the significant and persistent decline in health-related quality of life (HRQoL) among survivors with post-COVID conditions in the United States. This research has crucial implications, particularly when considering the potential for long-term disability among workers who contracted the virus.

ACL: Seeking Legal Shelter

Asbestos Corporation Limited (ACL), a Canadian mining company facing numerous lawsuits related to mesothelioma and asbestos-related diseases in the United States, has taken steps regarding financial restructuring.

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. 

Insurance Coverage Denied in Employee Suit

A recent case, Rice Enterprises, LLC v. RSUI Indemnity Co., highlights the complexities of insurance coverage for employers facing lawsuits from employees. The case involved a former employee who sued Rice Enterprises for negligence related to alleged sexual harassment and assault by a manager. Rice Enterprises sought coverage under its insurance policies, specifically a Workers' Compensation and Employers' Liability policy from Zenith Insurance Company and a Commercial Umbrella liability policy from RSUI Indemnity Company.