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

The Veterans Administration provides medical coverage in many instances to veterans of the United States Armed Forces. Like Medicare, it is a federal program, and like Medicare, has the ability to lien a Workers’ Compensation file and seek repayment for any amounts the V.A. feels have been made for a work-related condition.

Continue Reading Liens Attaching to Injured Workers’ Compensation Claims – The Veterans Administration

The second lien type I will be discussing in this series of blogs is Medicare. Medicare is a benefit under federal law which, in most cases, is provided to an individual either by that individual reaching 65 years of age or by that individual being found to be eligible for Social Security Disability benefits.

Social Security Disability recipients are eligible for Medicare in most cases after a two-year waiting period. Medicare has the right under federal law to recover any money they pay for medical treatment which they feel is something which should have been paid by a workers’ compensation insurance carrier.


Continue Reading Medicare Liens Attached to a Workers’ Compensation Claim