On May 20, 2013, the New Jersey State Assembly by a vote of 53-19-4 passed the Thomas P. Canzanella Twenty First Century First Responders Protection Act previously passed by the State Senate. Named for the Deputy Chief of the Hackensack Fire Department and President of the Professional Firefighters Association of New Jersey, the Bill would extend protections to First Responders by creating rebuttable presumptions that exposures to known carcinogens, pathogens, biological toxins as well as serious communicable diseases are considered work related thereby shifting the burden of proof of the employer to show that these conditions were not a part of the employment. Such a Bill would make it easier for First Responders to receive workers’ compensation benefits.
Continue Reading First Responders Occupational Exposure Bill Passes Both Houses of the New Jersey Legislature
Governor Christie Signs Bill Prohibiting Charging Workers’ Compensation Claimants For Medical Expenses
Out of the many problems that injured workers face when receiving workers’ compensation benefits is that medical providers often bill the worker either for an entire bill which should go to the insurance company or more frequently a claim balance after receiving payment from the workers’ compensation carrier.
Continue Reading Governor Christie Signs Bill Prohibiting Charging Workers’ Compensation Claimants For Medical Expenses
First Responders Occupational Exposure Bill Clears Assembly Committee
On December 10, 2012, the Assembly heard testimony and voted in favor of S569, Thomas P. Canzanella Twenty First Century First Responders Protection Act. Named for the Deputy Chief of the Hackensack Fire Department and President of the Professional Firefighters Association of New Jersey, the Bill would extend protections to First Responders by creating rebuttable presumptions that exposures to known carcinogens, pathogens, biological toxins as well as serious communicable diseases are considered work related thereby shifting the burden of proof of the employer to show that these conditions were not a part of the employment. Such a Bill would make it easier for first Responders to receive workers’ compensation benefits.
Continue Reading First Responders Occupational Exposure Bill Clears Assembly Committee
Safer Work Environment Through Paid Sick Live
As the pronouncements encouraging all of us to get flu shots remind us of the coming cold and flu season, thoughts turn to ways of promoting a safer, healthier work environment. A new study by the National Institute of Occupational Safety and Health published in the American Journal of Public Health has reported that workers with access to paid sick leave were 28% less likely overall to suffer occupational injuries then workers without access to paid sick leave.
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OSHA Issues Advisory on the Use of Cleaning Products
The United States Occupational Safety and Health Administration (OSHA) together with the National Institute of Occupational Safety and Health has issued advisories designed to protect workers from exposure to cleaning products which may be hazardous to their health. OSHA has also raised the concern that so called “green” products may not be “green” enough to ensure a worker’s safety.
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Workers Compensation: The Perils of Treating on Your Own
One of the biggest sources of frustration among our clients, and injured workers’ in general, is that New Jersey Law allows the employer and the insurance company to direct medical treatment by selecting the doctor for the injured party. An injured worker in New Jersey is not permitted to choose his own doctor by law.
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Recent Decisions Underscore Need for Candor About Past Medical History
Recently, the Appellate Division of the Superior Court of New Jersey issued an opinion that underscores the continuing problem of disclosure of past medical history by injured workers in workers’ compensation claims.
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World Health Organization Establishes Stronger Link Between Diesel Exhaust Fumes and Cancer
Last month the World Health Organizations’ Cancer Agency issued a ruling changing the classification of the relationship between diesel fumes and cancer, declaring that diesel fumes cause cancer.
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We Need to Save Our Second Injury Funds
As part of New Jersey’s Workers’ Compensation System, there is a Second Injury Fund made up of money collected by the State from insurance premiums. The purpose of the Fund is to encourage the hiring of employees with disabilities, especially disabled veterans, who might be rejected for hire out of an employer’s fear that their preexisting conditions might result in increased employer cost.
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How to Protect Your Privacy During Your Workers’ Compensation Case
As the costs of providing treatment and benefits to injured workers goes up, the insurance companies and public employers are becoming increasingly litigious in demanding all kinds of necessary information from injured workers. Routinely injured workers face a borage of requests for the names of all of their personal physicians going back as far as 20 years. These requests are made so that the insurance company can rifle through these medical records in hopes of finding something to use against the injured worker. These demands are now routine and represent a clear invasion of an injured worker’s privacy.
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