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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...

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NJ 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...

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Top 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...

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Time 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...

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OSHA 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...

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Long 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...

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Household 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...

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Not 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...

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NJ 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...

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Long 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...

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Long 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,...

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OSHA 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...

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COVID-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...

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OSHA 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...

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US 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...

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The 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...

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Asbestos 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...

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A 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...

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Analysis 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...

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Deviation 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...

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Premature 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,...

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Exposed 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...

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California'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...

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$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...

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Unions 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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