Workers' Compensation

Subscribe to Workers' Compensation

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.
…
Continue Reading Governor Murphy Signs New Laws to Protect New Jersey Workers

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.”…

Continue Reading Amazon Plant Closing in New Jersey Due to COVID-19 Exposure

Governor Murphy announced a new Executive Order (EO) providing on-the-job protections for all workers in New Jersey. New Jersey joins only three other states in creating such guidelines, as OSHA and the Federal government have failed to take action in this regard. This EO is designed to ensure that consistent standards are applied by employers to protect employees.
…
Continue Reading Worker Protection Executive Order Signed Today

On September 14, 2020, New Jersey Governor Murphy signed important legislation that benefits all workers who contracted COVID-19 while working through the current pandemic. The legislation creates the presumption that the contracted illness is “work related.” Before this legislation was signed, only “public safety workers” such as police, fire, EMT, and medical personnel, were granted this presumption.
…
Continue Reading All Essential Workers Now Deemed “Eligible” for Workers’ Compensation Benefits Under New Legislation

During these trying times of the COVID-19 pandemic, most Americans are doing all they can to stay healthy and “flatten the curve” in order to return to their normal lives. Many worry about their own well-being, along with their family’s, – both physically and financially, as scores of people have been laid off, been told to stay home from work because they are immune-compromised, and/or have been diagnosed as having Coronavirus (COVID-19). What rights does an individual have when they have been diagnosed with Coronavirus, and they believe they contracted it in a way that is related to their employment?
…
Continue Reading Workers’ Compensation During COVID-19

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.…

Continue Reading Medical Treatment Issues in Workers’ Compensation Cases

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.…

Continue Reading Workers’ Compensation: Which State has Jurisdiction?

In what signals a major victory for volunteer first responders, the New Jersey Supreme Court has ruled that such volunteers injured in the line of duty are entitled to temporary disability benefits regardless of whether they have a paying job at the time of the injury.
…
Continue Reading New Jersey Supreme Court Grants Volunteer First Responders Temporary Disability Benefits Regardless of Outside Employment Status

In today’s economic climate many people do not have or cannot afford health insurance through their employer. In situations such as this, it is very often the case that the individual is covered by a state program involving Medicaid.

Medicaid is need-based, and in reality, it is a federal program administered by the state. Medicaid is intended to be used for non-work related conditions only. If a worker is injured on the job who happens to be covered by Medicaid, it is absolutely necessary to avoid using Medicaid for treatment.…

Continue Reading Medicaid Liens and Workers’ Comp