$10 Million Punitive Damage Award for Workplace Discrimination Upheld

Unlike the NJ workers' compensation claims, there is no cap on punitive damages available for claims under the NJ Law Against Discrimination.

Exposed to "Forever Chemicals": NJ Workers' Compensation for PFAS Illness

Per and polyfluoroalkyl substances (PFAS), also known as "forever chemicals," are a growing concern in the workplace. These man-made chemicals are nearly impossible to break down and can build up in the body over time. Unfortunately, some New Jersey workers are facing serious health consequences due to PFAS exposure.

Premature Satisfaction of a Third-Party Lien

The New Jersey Superior Court, Appellate Division, ruled that a third-party lien can remain unresolved until the workers’ compensation claim is adjudicated.

Analysis of US EPA's Draft Risk Evaluation for Formaldehyde and Worker Health

The U.S. Environmental Protection Agency's (EPA) draft risk evaluation of formaldehyde, released on March 15, 2024, raises significant concerns for worker health and worker compensation risk exposure.

OSHA Fines NJ Container Company $437,860 for Safety and Health Violation

A transportation company faces $437,860 in federal penalties after the U.S. Department of Labor's Occupational Safety and Health Administration investigated its Paulsboro, NJ, location and found workplace safety and health hazards.

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. 

NJ Expands Compensation Benefits for First Responders

NJ Governor Phil Murphy signed A-5909/S-4267, which revises workers' compensation coverage for certain injuries to certain volunteer and professional public safety and law enforcement personnel. The bill amends current workers’ compensation law to add that a response to an emergency, including work sufficient to cause certain injuries or death, is compensable.

Household Contact Awarded $30 Million Verdict for Mesothelioma

Employers have a responsibility not only to their employees but also to their household contacts, individuals who live in the employee’s home. Employees who are exposed at work may carry the toxic substances home on their clothes or their body.

OSHA Cites Oakland NJ Company with $257,931 in Penalties

A U.S. Department of Labor inspection in June 2023 at an Oakland, NJ manufacturing company — that followed reports of two workers being injured — found employees exposed to dozens of serious safety and health hazards.

Voluntary Departure

A student attending college and working full time was permitted temporary disability benefits despite the alleged defense of "Voluntary Departure" from the workforce. The court's decision is unsurprising since that terminology is absent from the Workers’ Compensation Act.

Not an Exception

In most instances, the sole remedy for a worker injured at work is Workers’ Compensation Act [WCA] benefits. Even if the employer fails to obtain workers’ compensation insurance, the employee remains limited to those remedies provided under the WCA.

Extra-territorial Medical Provider Claims

A New Jersey medical provider failed to select the appropriate cause of action and party to seek recovery for unpaid medical bills.  The case highlights the bumping road for NJ medical providers who seek reimbursement in claims involving extra-jurisdictional work-related accidents.

Toxic Flight Attendant Uniforms Result in a $1.1 Million Verdict

Wearing an employer-designated work uniform shouldn’t result in severe and debilitating occupational exposures. Unfortunately, some American Airlines flight attendants suffered injuries from wearing the flight uniforms prescribed by their employer. The lawsuit that they filed lawsuit resulted in a $1.1 Million award.

New EPA Rule Will Lighten the Burden of Proving an Asbestos-Related Disease Claim

In many occupational asbestos claims, it has been challenging to establish that asbestos fiber was used in the workplace. That will soon change under recently announced US Environmental Protection Agency [EPA] Rules.

Impacts of a Governmental Shutdown

The effects of a government shutdown on state workers' compensation systems and their integration with Social Security will vary depending on the specific circumstances of each state. However, some general trends can be expected.

Workers’ Compensation Benefits for Occupational Exposure to Cellphone Radiation

Last week, the French government requested that Apple stop selling the iPhone 12 model because of excessive radiation detected during recent tests. The Agence National des Fréquences [ANFR] stated that “…Apple must immediately take all measures to prevent the availability on the market of the phones concerned present in the supply chain. Regarding phones already sold, Apple must take corrective measures as soon as possible to make the phones concerned compliant. Otherwise, it will be up to Apple to recall them.”

Lawsuit Proceeds Against Amazon For Scheme to Obstruct a Workers’ Compensation Claim

An injured Amazon fulfillment center worker brought an action against Amazon.com Service LLC [AMAZON] for acts of its Third-Party Administration (TPA), Sedgwick CMA-Philadelphia [SEDGWICK], among other allegations, in interfering with the authorized workers’ compensation physician. The claim arose from a December 2019 knee accident the worker sustained at the AMAZON warehouse. 

Implementing AI for Workers’ Compensation Law Firms and Insurance Companies

Artificial intelligence [AI] opens new frontiers for workers’ compensation law firms and insurance companies. Last week, Google announced new applications that will vastly expand how workers’ compensation claims can be serviced, managed, and supported.

Airline Ground Crew Fatalities Result in FFA Safety Alert

Recent fatal accidents at airports involving ground crew personnel drew the attention of The Federal Aviation Administration.

Judicial Oversight

A cornerstone of the NJ Workers’ Compensation Act [WCA] is that the Division of Workers’ Compensation [DWC] is mandated to oversee the settlement of accident or injury claims.