Right now it’s theoretically possible to claim workers compensation if you contract Covid-19 on the job. The problem is proof…you would still have to prove you got Covid there, and not from your other activities. This isn’t impossible, but is really difficult. A proposed bill, S2380, would change all that, at least for any worker deemed essential. The bill would be retroactive to March 9 and would include a presumption that if an essential worker gets sick with Covid-19, it happened on the job. What if my employer made me sign a waiver? Employer waivers are gaining some popularity right now, but they’re not worth the paper they’re written on. Employers also can’t really make you sign such documents. Some employees feel forced to because they are aware some employers will find other ways to fire them if they don’t, but even those shouldn’t be too worried. Employers can’t make
Read MoreOne reason some workers are reluctant to claim workers compensation benefits is they feel as though the accident was their fault. Sometimes anyone can have an off day and work a little clumsily, forget a vital safety precaution, or otherwise create a condition which can lead to an accident or an injury. Fortunately, New Jersey’s workers compensation system is a no-fault system. For the most part, the only condition you will have to meet to be eligible for benefits is to be injured at work and to report that injury. What Disqualifies You From Workers Comp? The first thing that can disqualify you is willful misconduct. That is you were horsing around, abusing alcohol or drugs, or were willfully ignoring or violating company policies. A self-inflicted injury also won’t be covered by workers compensation, i.e., slitting your wrists while you’re in the workplace bathroom. You can also lose your workers
Read MoreWhile New Jersey is working its way through a phased reopening, there are still plenty of employees who will continue to work from home until a vaccine is found and administered. This has led many who are able to perform their duties in this capacity to wonder whether workers compensation still covers them. As with many legal questions, the answer is “it depends.” The employee will need to prove that the injury arose out of and in the course of employment. For office workers, certain repetitive stress injury claims may not be at all impacted by working from home if they can be clearly tied to job duties requiring the employee to type or use a mouse for hours at a time. You may also find it easier to file a claim if it can be proven that you were doing work at the time of your injury or accident.
Read MoreAny job can put a lot of stress and strain on the body. In both industrial jobs and office jobs, there are opportunities to incur repetitive stress injuries. Under New Jersey laws these are known as “wear and tear” injuries. While this terminology may make you feel a little bit like you’re being treated like an apartment or a car, the fact is that the law does allow you to receive compensation when work inexorably robs you of your health. It doesn’t all come down to traumatic accidents or chemical exposure. Carpal tunnel syndrome is a well-known example, but there are others, such as rotator cuff injuries. Some of these injuries can have a severe impact on a person’s ability to function in their day-to-day lives. However, you do have to take the appropriate steps to get the compensation you deserve. First, you’ll need to provide your employer with written
Read MoreRight now, New Jersey workers compensation does allow for claims related to the Covid-19 virus. There’s just one problem. In most cases, employers and their insurance companies don’t have to pay the claim if you can’t prove there was a direct line from your job to your infection. Because Covid-19 is so ubiquitous, and capable of spreading through asymptomatic carriers, this can be very difficult. Currently, many essential workers are having to turn to other New Jersey programs liked paid sick leave to try to bridge the gap. For some, this aid will be enough. For others it won’t, especially if the infection lands them in the hospital. Many essential workers are uninsured, which means Covid-19 could cost them up to $75,000. Going to the ICU or being put on a ventilator is extremely expensive. In fact, if your symptoms aren’t severe it’s usually best to just isolate at home,
Read MoreMany employers will do just about anything to save a buck, even if it means sacrificing employee well-being. If that weren’t the case, there’d be no need for workers compensation lawyers or lawsuits. Some tricks are common and even expected. You can watch out for them if you’ve taken the time to educate yourself about New Jersey workers compensation law. Trick #1: Misreporting After you report your injury to your employer you should receive a First Report of Injury form back from the insurance company. It’s important to scrutinize this document closely to ensure the facts listed on the document match the facts of your case. Don’t just look at the injury description, since employers sometimes misreport wages too. This is especially common in cases where employees often work overtime. The employers “forget” to include that overtime when calculating average weekly wages. Trick #2: Failing to Report the Injury Fast
Read MoreHere in New Jersey you’re eligible for worker’s compensation benefits if you contract COVID-19 on the job. That’s the good news. The bad news? This very sneaky virus doesn’t make it easy to prove transmission. Employers are no more eager to pay for claims than they ever were. Already, employer’s lawyers are advising them on how they can work around having to pay for these kinds of claims. To keep your case strong, think about sharing certain facts with your attorney. Precautions your employer too, or failed to take, in response to Covid-19. It’s incredible, but plenty of employers are failing to protect their employees. Right now Whole Foods and Amazon provide fairly famous cases, but they aren’t the only ones who don’t seem to value their employees enough to take precautions. Document every instance where employers force you to work without PPE, in conditions that place you less than
Read MoreYou may be eligible for workers compensation if you contract COVID-19, or if you’re exposed to it. But where you contract the virus will matter. You will only be able to use workers compensation if you were exposed on the job. That is, you waited on someone with the virus, or worked with someone who had the virus. In either case you can use it if health staff told you to self-quarantine as a result, whether you’re showing symptoms of the illness or not. You will have to provide the documentation from the medical doctor who gave the order. It is also a good idea to be prepared with evidence that the job was the source of the problem. If you were using social distancing off the job, for example, and thus did not come into contact with anyone else, then that would be vital evidence in your COVID-related workers
Read MoreMany workers compensation cases last for a few weeks or months. The worker gets injured, the worker gets care, and the worker returns to work. When the injury is very minor workers compensation may simply be a matter of getting treatment, getting the insurance to pay for that treatment, and returning to work with some minor accommodations. There are cases where the worker must be out for more than 7 days with the injury. This is called Temporary Total Disability, and can last up to 400 weeks. However, there are two other forms of disability which can last longer. The first is Permanent Partial Disability, which can last up to 600 weeks. There’s also Permanent Total Disability, which can last for life. The maximum amounts you can get to cover your lost income during these periods is capped in New Jersey. On Temporary Total Disability you can earn the lesser
Read MoreMedical marijuana is a hot topic in NJ workers compensation law right now. A recent case in the New Jersey Appellate Division mandated that employers should reimburse employees for medical cannabis use related to a workplace accident. In the case, Hagar vs. M&K Construction, M&K argued that the Federal Controlled Substances Act makes it a crime to manufacture, possess, or distribute marijuana, and that federal law should preempt the New Jersey Compassionate Use Medical Marijuana Act. They further argued that forcing them to pay for medical marijuana would force them to aid and abet in Hagar’s possession of an illegal substance, and that they should be treated like private health insurers who are not required to reimburse medical marijuana costs. The court ruled in favor of Hagar. In his opinion, Judge Currier wrote: “We conclude the order does not require M&K to possess, manufacture, or distribute marijuana, but only to
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