NATIONAL CENSUS OF FATAL OCCUPATIONAL INJURIES IN 2022
There were 5,486 fatal work injuries recorded in the United States in 2022, a 5.7-percent increase from 5,190 in 2021, the U.S. Bureau of Labor Statistics reported today. The fatal work injury rate was...
View ArticleNJ Rates to Rise in 2024
New Jersey is set to become one of a handful of states with a minimum wage of at least $15/hour on January 1, 2024 when the rate increases to $15.13/hour, surpassing the goal set by Governor Murphy and...
View ArticleTop Blog Posts of 2023
It has been a busy year for the Workers' Compensation blog. This blog has had over 2 million views. Here is a list of the most popular posts in 2023. Happy New Year!Household Contacts can sue an...
View ArticleTime to Review Cybersecurity
As the year is winding down for law firms, it would be a good time to review their cybersecurity protocols. A major threat is ransomware attacks. RANSOMWAREIn 2022, LockBit was the most deployed...
View ArticleOSHA Cites Oakland NJ Company with $257,931 in Penalties
A U.S. Department of Labor inspection in June 2023 at an Oakland, NJ manufacturing company — that followed reports of two workers being injured — found employees exposed to dozens of serious safety and...
View ArticleLong COVID-Related Illness is a Significant Cause of Death
Long COVID-Related deaths are statistically significant and will be reflected in an increase in workers' compensation dependency awards. More Than 3,500 Americans Have Died from Long COVID-Related...
View ArticleHousehold Contact Awarded $30 Million Verdict for Mesothelioma
Employers have a responsibility not only to their employees but also to their household contacts, individuals who live in the employee’s home. Employees who are exposed at work may carry the toxic...
View ArticleNot A Violation of Public Policy
In rejecting an employee’s attempt to go forward with a lawsuit directly against an employer, the NJ Appellate Division ruled, in an unreported case*, that an employee, in a novel argument, may assert...
View ArticleNJ Expands Compensation Benefits for First Responders
NJ Governor Phil Murphy signed A-5909/S-4267, which revises workers' compensation coverage for certain injuries to certain volunteer and professional public safety and law enforcement personnel. The...
View ArticleLong COVID Continues as a Workplace Crisis
Long COVID continues to impact the lives of US workers. Millions of Americans live with long COVID and its many symptoms. These include fatigue, cognitive impairment (commonly referred to as muscle or...
View ArticleLong Overdue Public Safety Worker Coverage
Legislation has been reintroduced to provide workers’ compensation benefits for certain public safety workers who developed an occupational illness or injury flowing from the September 11, 2001,...
View ArticleOSHA Fines NJ Container Company $437,860 for Safety and Health Violation
A transportation company faces $437,860 in federal penalties after the U.S. Department of Labor's Occupational Safety and Health Administration investigated its Paulsboro, NJ, location and found...
View ArticleCOVID-19 Supplemental Benefits for Healthcare Workers Proposed in Legislation
Legislation (A3504) has been introduced to establish the Health Care Workers COVID-19 Supplemental Benefits Program in the Division of Workers' Compensation.PURPOSEThis legislation aims to assist...
View ArticleOSHA Fines Paterson NJ Contractor $1Million for Fall Violations
The U.S. Department of Labor's Occupational Safety and Health Administration has cited a New Jersey contractor for again exposing workers to fall hazards, this time while working at a construction site...
View ArticleUS Bans Asbestos
Today, March 18, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule to prohibit ongoing uses of chrysotile asbestos, the only known form of asbestos currently used in or...
View ArticleThe New York Game: A Baseball Tale Steeped in Labor Struggles
Kevin Baker's "The New York Game" isn't just a love letter to baseball and the Big Apple. It's a rich tapestry that weaves the evolution of America's pastime with the burgeoning organized labor...
View ArticleAsbestos Claimants Maybe be Impacted by US Supreme Court Decision
The recent Supreme Court oral arguments in Truck Insurance Exchange v. Kaiser Gypsum Co. Inc. (22-1079) centered on the question of whether an insurer has the right to object to a debtor's...
View ArticleA Cautionary Tale on the Use of AI
Judge Desai addressed the misuse of Artificial Intelligence (AI) in Larry Grant v. City of Long Beach, 22-56121 D.C. No.2:21-cv-06666 JVS-JEM, in the Ninth Circuit Court of Appeals opinion filed on...
View ArticleAnalysis of US EPA's Draft Risk Evaluation for Formaldehyde and Worker Health
The U.S. Environmental Protection Agency's (EPA) draft risk evaluation of formaldehyde, released on March 15, 2024, raises significant concerns for worker health and worker compensation risk...
View ArticleDeviation From Employment
The NJ Appellate Division held that an emergency police dispatcher who was injured in a car accident while returning to work from a lunch break was not entitled to workers' compensation benefits. Key...
View ArticlePremature Satisfaction of a Third-Party Lien
The New Jersey Superior Court, Appellate Division, ruled that a third-party lien can remain unresolved until the workers’ compensation claim is adjudicated.BackgroundOn October 23, 2019, the defendant,...
View ArticleExposed to "Forever Chemicals": NJ Workers' Compensation for PFAS Illness
Per and polyfluoroalkyl substances (PFAS), also known as "forever chemicals," are a growing concern in the workplace. These man-made chemicals are nearly impossible to break down and can build up in...
View ArticleCalifornia's WVPP Legislation: A Potential Benefit for Workers and Industry?
California's Senate Bill 553 (SB 553), which mandates a Workplace Violence Prevention Plan (WVPP) for most employers by July 1, 2024, has a primary focus on employee safety. However, it might also have...
View Article$10 Million Punitive Damage Award for Workplace Discrimination Upheld
Unlike the NJ workers' compensation claims, there is no cap on punitive damages available for claims under the NJ Law Against Discrimination.LAD Remedy vs. Punitive DamagesThe LAD prohibits...
View ArticleUnions Sue New Jersey to Close Smoking Loophole
The United Auto Workers (UAW) and Casino Employees Against Smoking Effects (CEASE) have filed a lawsuit against New Jersey to eliminate a controversial exemption in the Smoke-Free Air Act. This...
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