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.

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.

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.

Preparing for the Next Epidemic of Occupational Disease

A recently published standard establishes minimum requirements to reduce the risk of disease transmission by exposure to infectious aerosols in new buildings, existing buildings, and major renovations.

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.

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.”

The Long Legacy of COVID-19 Disability

The legacy of the COVID-19 pandemic persists. There exists a continuing need for long-term treatment and disability. While state benefit systems such as workers’ compensation have made an admirable attempt in many jurisdictions to provide benefits, a significant gap and non-uniform delivery of benefits continue to exist among jurisdictions. Federal efforts are expanding to provide necessary research and treatment protocol resources. 

California Supreme Court Bars Household Contact Covid Claims

Today, the California Supreme Court decided that the Workers’ Compensation Act [WCA] did not bar a derivative claim. However, using a public policy rationale, it did not extend an employer's duty of care to an employee's household contacts who contracted COVID-19.

Defining Disability in the Era of COVID

The definition of “disability” can be complicated in various occupational statutes. In a Law Against Discrimination [LAD] N.J.S.A. 10:5-1 to -50 claim alleging the “perception of COVID” as a disability, the NJ Appellate Court declined to accept the plaintiff's claim. Guzman v. M. Teixeira International, Inc., NJ: Appellate Div. 2023.

Available Workers' Compensation Law 2023 Update

Jon Gelman’s* newly revised and updated treatise on Workers’ Compensation Law is now available from Thomson Reuters®. The treatise is the most complete and research-integrated work on NJ Workers’ Compensation law.

US Supreme Court Allows State Law to Govern Willful Misconduct Cases Under the PREP Act

The US Supreme Court [SCOTUS] has declined to review whether the PREP Act [The Public Readiness and Emergency Preparedness (PREP) Act of 2005, 42 U.S.C. §§ 247d-6d, 247d-6e] pre-empts a claim for willful misconduct, GLENHAVEN HEALTHCARE LLC v. Saldana, Supreme Court 2022. On appeal,  Saldana v. Glenhaven Healthcare LLC, 27 F. 4th 679 - Court of Appeals, 9th Circuit 2022

Work-Related Respiratory Disease Rate Soars

Private industry employers reported 2.6 million nonfatal workplace injuries and illnesses in 2021, a decrease of 1.8 percent from 2020, the U.S. Bureau of Labor Statistics reported today. In 2021, the incidence rate of total recordable cases (TRC) in private industry was 2.7 cases per 100 full-time equivalent (FTE) workers, unchanged from 2020. These estimates are from the Survey of Occupational Injuries and Illnesses (SOII).

The decline in injury and illness cases was due to a drop in illness cases, with private industry employers reporting 365,200 nonfatal illnesses in 2021, down from 544,600 in 2020, a drop of 32.9 percent. This decrease was driven by a 37.1 percent decrease in employer-reported

Source: US Bureau of Labor Statistics

respiratory illness cases in 2021 at 269,600, down from 428,700 in 2020. (See chart 2.) In 2019, there were 127,200 illness cases and 10,800 respiratory illness cases. Total reported injury cases increased by 6.3 percent to 2.2 million cases in 2021, up from 2.1 million cases in 2020. (See chart 1.)

The rate of injury cases increased in 2021, with private industry employers reporting a rate of 2.3 cases per 100 FTE workers compared to 2.2 cases in 2020. Over the same period, the rate of illness cases decreased from 55.9 cases per 10,000 full-time equivalent (FTE) workers to 37.7 cases. The decrease was driven by the drop in the respiratory illness rate, which fell from 44.0 cases per 10,000 FTE workers to 27.8 cases.

Coronavirus (COVID-19) Pandemic Impact in SOII Results

Occupational injuries and illnesses collected in the 2021 SOII include cases of COVID-19 when a worker was infected as a result of performing their work-related duties and met other recordkeeping criteria. COVID-19 is considered a respiratory illness under criteria established by the Occupational Safety and Health Administration (OSHA).

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Workers’ Compensation Benefits for Long COVID

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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.

Occupational Exposure to Monkeypox

A recent report published by the US Centers for Disease Control and Prevention [CDC] provides evidence supporting the hypothesis that both health care workers’ [HCW] infections observed in this study were transmitted through fomite exposure with surfaces in the patient’s home, their own PPE, or outer surfaces of the specimen transport box. 

Establishing Causal Relationship: Long COVID Biomarkers

Identifiable biomarkers may provide objective evidence in proving a Long COVID claim. A recent report highlights developments in identifying the risk of Long COVID through immune profiling.

US Supreme Court Asked to Review PREP Act Immunity

The US Supreme Court [SCOTUS] has been asked to review whether the PREP Act [The Public Readiness and Emergency Preparedness (PREP) Act of 2005, 42 U.S.C. §§ 247d-6d, 247d-6e] pre-empts a claim for willful misconduct,

Use of Opioid Settlement Funds in NJ

As part of the Murphy Administration’s ongoing efforts to help New Jerseyans impacted by the opioid crisis, and in recognition of Overdose Awareness Day, Governor Phil Murphy announced additional steps the Administration is taking in New Jersey. Through a new online portal and Executive Order No. 305, the Governor has established two methods through which members of the public and relevant stakeholders can provide their input on the best use of the opioid settlement funds that New Jersey is receiving.

Appeals Court Rejects Effort to Compel OSHA to Retain Healthcare ETS

On Friday, an Appellate Court rejected the UNIONS' effort, including the National Nurses, United, to compel the Occupational Safety and Health Administration (OSHA) to retain the Healthcare Emergency Temporary Standard (ETS).

NJ Workers at Risk Now for West Nile Virus

New Jersey workers again are now at risk for West Nile Virus. The warnings of the mosquito-borne illness are an alert for New Jersey workers to take adequate precautions against this infectious disease.The New Jersey Department of Health has confirmed the state’s first human cases of West Nile Virus (WNV) this year.