Unions Sue New Jersey to Close Smoking Loophole

The United Auto Workers (UAW) and Casino Employees Against Smoking Effects (CEASE) have filed a lawsuit against New Jersey to eliminate a controversial exemption in the Smoke-Free Air Act. This exemption allows continued smoking in Atlantic City casinos, exposing tens of thousands of workers to secondhand smoke and its associated health risks.

$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.

California's WVPP Legislation: A Potential Benefit for Workers and Industry?

California's Senate Bill 553 (SB 553), which mandates a Workplace Violence Prevention Plan (WVPP) for most employers by July 1, 2024, has a primary focus on employee safety. However, it might also have a secondary benefit – reduced workers' compensation insurance costs.

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.

Deviation From Employment

The NJ Appellate Division held that an emergency police dispatcher who was injured in a car accident while returning to work from a lunch break was not entitled to workers' compensation benefits. 

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.

A Cautionary Tale on the Use of AI

Judge Desai addressed the misuse of Artificial Intelligence (AI) in Larry Grant v. City of Long Beach, 22-56121 D.C. No.2:21-cv-06666 JVS-JEM, in the Ninth Circuit Court of Appeals opinion filed on March 22, 2024. The analysis highlights the potential pitfalls of using unverified AI for legal pleadings and emphasizes the need for caution among attorneys.

Asbestos Claimants Maybe be Impacted by US Supreme Court Decision

The recent Supreme Court oral arguments in Truck Insurance Exchange v. Kaiser Gypsum Co. Inc. (22-1079) centered on the question of whether an insurer has the right to object to a debtor's reorganization plan under Chapter 11 bankruptcy. The outcome of this case will significantly impact how asbestos claims are handled in bankruptcy proceedings.

The New York Game: A Baseball Tale Steeped in Labor Struggles

Kevin Baker's "The New York Game" isn't just a love letter to baseball and the Big Apple. It's a rich tapestry that weaves the evolution of America's pastime with the burgeoning organized labor movement and the fight for workplace safety. While baseball takes center stage, Baker doesn't shy away from the harsh realities early ballplayers face.

US Bans Asbestos

Today, March 18, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule to prohibit ongoing uses of chrysotile asbestos, the only known form of asbestos currently used in or imported to the United States. The ban on ongoing uses of asbestos is the first rule to be finalized under the 2016 amendments to the nation’s chemical safety law, the Toxic Substances Control Act (TSCA), which received near-unanimous support in both the U.S. House of Representatives and the Senate. The action marks a major milestone for chemical safety after more than three decades of inadequate protections and serious delays during the previous administration to implement the 2016 amendments.

OSHA Fines Paterson NJ Contractor $1Million for Fall Violations

The U.S. Department of Labor's Occupational Safety and Health Administration has cited a New Jersey contractor for again exposing workers to fall hazards, this time while working at a construction site in Franklin Lakes, New Jersey.

COVID-19 Supplemental Benefits for Healthcare Workers Proposed in Legislation

Legislation (A3504) has been introduced to establish the Health Care Workers COVID-19 Supplemental Benefits Program in the Division of Workers' Compensation.

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. 

Long COVID Continues as a Workplace Crisis

Long COVID continues to impact the lives of US workers. Millions of Americans live with long COVID and its many symptoms. These include fatigue, cognitive impairment (commonly referred to as muscle or joint pain, shortness of breath, heart palpitations, sleep difficulties, mood changes, and more. With millions of Americans suffering daily, more must be done to address this crisis.

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.

Not A Violation of Public Policy

In rejecting an employee’s attempt to go forward with a lawsuit directly against an employer, the NJ Appellate Division ruled, in an unreported case*, that an employee, in a novel argument,  may assert the “violation of public policy” as an allegation.

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.

Long COVID-Related Illness is a Significant Cause of Death

Long COVID-Related deaths are statistically significant and will be reflected in an increase in workers' compensation dependency awards. More Than 3,500 Americans Have Died from Long COVID-Related Illness in the First 30 Months of the Pandemic.