Reading Room

NJ Governor Patrick Murphy Signs Landmark COVID Compensation Law
Jon
/ Categories: Workers' Compensation

NJ Governor Patrick Murphy Signs Landmark COVID Compensation Law

Rebuttable presumption of causal relationship

NJ Governor Patrick Murphy signed legislation enacting sweeping measures to provide workers’ compensation benefits to essential workers who contract coronavirus [COVID-19] and provides dependency benefits to their survivors.

The legislation eases the burden of proof by establishing a rebuttable presumption that coronavirus disease contracted by healthcare workers, public safety workers, and other essential employees is work-related and compensable under the NJ Workers’ Compensation Act.

PROTECTING THE HEALTH OF ESSENTIAL WORKERS
“The enacted law changes the workers’ compensation litigation landscape by shifting the paradigm from legal defenses to medical prevention. Pandemic preparedness will be a critical element in planning the reopening of the economy and protecting the health of essential workers,” remarked Jon L. Gelman, author of NJ Workers’ Compensation Law.

PRESUMPTIONS
The law (A3999) makes it easier for employees on the frontline of the coronavirus fight to get work-related benefits. NJ has been an epicenter of the COVID-19 crisis and suffered some of the highest incidents of COVID illness and death in the US. NJ was initially caught off guard as the COVID virus entered the state from Europe through the major NJ/NY Airports undetected. N.J.S.A. 34:15-31.11, L.2020 c.84.

Charles Wowkanech, the New Jersey State AFL-CIO president, recently expressed his opinion in the USA Today Network. He said, “One of the biggest takeaways from this pandemic is that our frontline “essential” workers are falling through the “safety net” of programs designed to help them during a crisis. Our Legislature and state government must recognize that some of our social safety net programs are either broken or woefully inadequate and work to fix them.”

A worker who is employed by the State of NJ and who is offered the option of working at home and has refused that option shall not be considered an essential employee under the new law.

RETROACTIVE APPLICATION
The bill is retroactive to March 9, 2020, when Governor Murphy declared a state of emergency concerning the coronavirus disease 2019 pandemic. The provision of the act will continue during the public health emergency.

The author, 
Jon L. Gelman, practices law in Wayne, NJ. He is the author of NJ Workers’ Compensation Law (Thomson-Reuters) and co-author of the national treatise Modern Workers’ Compensation Law (Thomson-Reuters). For over five decades, the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com have represented injured workers and their families who have suffered occupational accidents and illnesses.

© 2000-2023 Jon L Gelman. All rights reserved.

Recommended Citation: Gelman, Jon L.,  United States Workers’ Compensation Programs are Becoming Sensitized to Latex,  www.gelmans.com (2000), https://www.gelmans.com/ReadingRoom/tabid/65/ArtMID/1482/ArticleID/1085/preview/true/Default.aspx

Previous Article Listen to the COVID-19 Claims and Workers’ Compensation Law Webinar
Next Article COVID Workers' Compensation benefits
Print

CONTACT US
1.973.696.7900
jon.gelman@gmail.com