New Jersey residents who work in the so-called “gig” economy can breathe a little easier today. On July 8, 2021 Governor Murphy signed new laws that will crack down on worker misclassification in New Jersey, which will provide additional benefits for workers once in effect. Misclassification is the practice of illegally and improperly classifying employees as independent contractors, when they are in fact employees. This practice deprives workers of the right to earn minimum wage and overtime, workers’ compensation, unemployment, earned sick leave, family leave, temporary disability, and other benefits.
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Amazon Plant Closing in New Jersey Due to COVID-19 Exposure
The Amazon plant in Robbinsville, New Jersey has closed down, and will remain closed until December 26, 2020 because several of their employees tested positive for COVID-19. Amazon spokesperson Lisa Levandowski made the following statement:
“Through our in-house COVID-19 testing program, we detected an increase in the number of asymptomatic positive cases at our PNE5 facility in New Jersey and have proactively closed the site until December 26th out of an abundance of caution.”
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Medical Treatment Issues in Workers’ Compensation Cases
Benson v. Coca Cola Co. is a workers’ compensation case decided in 1972 that is still good law today. This case stands for the proposition that if there is no demand upon the Employer to provide treatment, there is no liability for payment of same, unless the request by injured worker would have been futile.
In this case the injured worker, Mr. Benson, fell off of a tank tuck and injured his head, back, and neck. He went to the company clinic with significant complaints. The company doctor examines, took x-rays (negative), and prescribed heat, muscle relaxers, and pain meds.
The injured worker refused the treatment at the company clinic and failed to follow up the next day at the company clinic as prescribed.
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Workers’ Compensation: Which State has Jurisdiction?
Which State has jurisdiction (legal authority) to address a work related injury is a question that comes up often in our practice. This is particularly common because we live in an area of the country where workers frequently live in one state and work in another.
In a recent case Marconi v. United Airlines, the Appellate Division court in New Jersey addressed an issue where the injured worker, Mr. Marconi, lived in New Jersey and was injured while working for United Airlines in Philadelphia. He filed two workers’ compensation cases in New Jersey, and the employer disputed that New Jersey had jurisdiction over the claims. The facts showed that Mr. Marconi was hired by United Airlines in San Francisco, lived continuously in New Jersey throughout his employment, and was transferred to work in Philadelphia. During the time Mr. Marconi worked in Philadelphia, his supervisor worked out of the Newark Airport. Mr. Marconi would call United staff at the Newark Airport hub for technical advice, but he never worked in Newark himself. He had received training all over the world, including the Newark Airport hub.
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Are New Jersey Uber Drivers Covered By Workers’ Compensation Insurance?
You might ask yourself the above question if you are considering signing up to drive for the transportation service Uber. Uber promises that anyone with a valid driver’s license, personal car insurance, a clean record, and a four-door car can meet the New Jersey requirements to drive for Uber.
The Uber driver makes his or her own hours and is free to pick up or drop off a rider anywhere they chose and the driver can work as much or as little as they choose. Uber requires its drivers to carry the appropriate automobile insurance to cover the driver’s liability to other parties, damage to the vehicle and injury to the driver.
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Workers Compensation and Fraud Update – the Statute Applies to the Employee and the Employer Alike
The New Jersey Workers’ Compensation Fraud Statute, N.J.S.A. 34:15-57.4, is alive and well in the Division of Workers’ Compensation as it applies to injured workers. Attorneys for workers’ compensation carriers are making fraud arguments often, and in some cases being successful in terminating workers’ benefits. Yet injured workers do not routinely file fraud claims against employers and/or their insurance carriers, who routinely and improperly deny benefits to injured workers. However in this update to an article I wrote previously, I can now happily report that the New Jersey Workers’ Compensation Statute applies to both employees and employers.
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Statute Of Limitations in a New Jersey Workers’ Compensation “Occupational Disease” Claim
Generally, petitions filed by injured workers for occupational disease claims are barred if they are not filed within two years of the date the injured worker discovered the nature of the disability and it relationship to employment. This is addressed in the workers’ compensation law under N.J.S.A. 34:15-34.
Unlike an accident, which has a specific date, the precise onset of an occupational disease may be hard to determine.
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Is an Assault at Work Compensable Under the New Jersey Workers’ Compensation Statute?
Generally speaking, a person who is assaulted at work to receive workers’ compensation benefits must show that the assault is related to the employment relationship and not from a purely personal relationship. If the assault arises out of a clearly personal dispute, the injured employee may be barred from obtaining workers’ compensation benefits. The injured party may, however, be able to pursue a common law negligence claim against the co-worker who perpetuated the assault.
In a recent case, Lesley Joseph v. Monmouth County, Mr. Joseph appealed a workers’ compensation Judge’s decision to dismiss his claim after he was assaulted by another employee at work. The Judge found that the assault lacked any connection to the workers’ employment, as it arose out of the worker’s involvement with the other employee’s pyramid investment scheme. The injured worker appealed arguing that the fact that the assault happened in the workplace was enough to make it arise “out of and in the course of” employment.
New Jersey Doctors Should Be Aware of Workers’ Compensation Issues
For any doctors who treat workers’ compensation patients, there are several issues they should be aware of in order to effectively provide treatment to these injured workers in New Jersey. If you are injured at work and getting medical treatment, the issues below are crucial for you to understand and discuss with your doctor if necessary:
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Be Careful How You Report the Details of Your Work Related Injury
If you were doing something, however slight, to cause an injury at work be sure to let your employer know all of the facts when you report the injury. As the case below verifies, if you are just walking at work and feel a “pop” in your back, you will probably be denied workers’ compensation benefits. Just being present at work does not automatically make an injury work related. The injury must arise out of the employment duties, and you must be careful to report the duties that you feel caused your injury.
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