The ABC test is used by employers to determine if a worker is classified as an employee or an independent contractor by federal and state governments. As more and more workers are moving toward the gig economy, the ABC test is becoming more and more utilized by employers. [...]
A construction worker in Monmouth County, Saul Medina, sustained injuries to his heel and ankle during a fall at a worksite in Oct 2016. His case settled for $750,000. Medina fell over 12 feet from the 2nd floor of a house while working in Brielle, NJ. He was [...]
New Jersey's state Assembly Appropriations Comittee advanced bill A1708 which would require workers' compensation benefits and personal injury protection (PIP) to include coverage for medical marijuana in some situtations. The bill requires the individual to be enrolled in New Jersey's medical marijuana program. While the bill was first [...]
The New Jersey Assembly is now advancing a bill that would make it easier for frontline employees who contract COVID-19 to obtain workers' compensation benefits. New Jersey was one of the hardest-hit states by the COVID-19 pandemic. Legislation A3999 would provide relief for essential workers who have contracted [...]
New Jersey continues its reopening plans and workers are being asked to return to work. Some employees are being asked to sign a liability waiver stating their employer cannot be held responsible should they contract COVID-19 while on the job. How does this affect your right to workers' [...]
New Jersey State Senate passes S-2476 – Cost of Living Adjustment in Workers' Compensation to Dependents of Essential Workers Who Died of COVID-19. Bill S-2476 passed the Senate by a vote of 38-1 Monday, June 15th, 2020. The bill, sponsored by Sens. Troy Singleton, D-7th District, and Dawn [...]
The Office of the State Comptroller (OSC) recently released a report showing some 2/3 of Workers' Compensation payments were incorrect. The report sampled reports and payments through the Workers' Compensation program from 2012 through 2015. It detailed how many incidents had no follow-up or repeat violations from single [...]
There is a good deal of contention around Senate bill S-2380. The bill, S-2380, would assume that essential workers who contracted COVID-19 got the virus as part of the scope of their employment. Advocates of the bill such as New Jersey Citizen Action (NJCA) applaud the bill which [...]
The principal factor that drives most personal injury cases is the concept of negligence. Proving negligence means you must demonstrate that a business or individual did not exercise responsibility under certain circumstances. The plaintiff in an injury case typically argues that they would not have suffered harm had [...]
With the rapid spread of COVID-19 throughout New Jersey, many employees have questions about possible exposure at work. Is COVID-19 and the health problems caused by the virus considered compensable under New Jersey Workers’ Compensation law? Proving Where You Contracted COVID-19 Pursuant to NJSA 34:15-31, occupational disease includes all diseases [...]
