The Thomas Canzanella First Responders Law broadly defines a public safety worker to include fire department personnel, police officers, community emergency response team members that was approved by the New Jersey Office of Emergency Management or a correctional facility, a basic or advanced medical technician of a first aid or rescue squad, or any other nurse, basic or advanced medical technician responding to a catastrophic incident and directly involved and in contact with the public during such an incident.
So firefighters, police officers, EMTs, Ambulance personnel, First Aid personnel, Rescue Squad personnel, nurses, medical technicians who are directly involved, and in contact with patients are entitled to New Jersey Workers Compensation Benefits.
Workers Compensation Benefits in New Jersey include related medical bills paid in full (no deductible), temporary disability benefits (70% of gross salary up to a maximum weekly benefit), and a permanency award after treatment is completed. In addition, there are Dependency Benefits payable to spouses and children if the public safety worker death is caused by the Covid 19 Coronavirus.
Grocery store and delivery personnel would have a harder time making a Workers Compensation claim as the New Jersey Legislature did not foresee the necessity to extend benefits to them at the time the legislation was proposed and passed into law. A year ago, a pandemic virus and the necessity to deem grocery stores and delivery services essential services did not cross legislatures’ minds.
What should you do if you contract the Covid 19 Coronavirus and you believe it is related to work. First, seek medical care. Second, advise your employer that you would like the employer to report your illness to their Workers Compensation insurance carrier. Thirdly, seek the assistance of an experienced workers compensation attorney to guide you in the process for applying for workers’ compensation benefits stated previously.
It is clear that public sector workers as broadly defined are entitled to Workers Compensation benefits. New Jersey Senate President Stephen Sweeney has indicated that he will introduce new legislation to extend benefits to essential workers. There has been some push back by the insurance companies to limit entitlement to the benefits. It is clear that legislatures are going to in the future pass legislation that will expand the definition of public safety workers to include frontline workers who more likely to contract the Covid 19 Coronavirus than persons self-isolating in their homes at this time. A balance needs to be struck to provide basic benefits to employees on the front line while protecting employer insurance carriers from a claim that normally would not be compensable in the Workers Compensation Court or very difficult to prove as being compensable. To get through this crisis, the State of New Jersey needs those currently defined as public safety workers as well as the more encompassing frontline workers which include grocery store and delivery personnel who are providing access to food and crucial supplies during this pandemic.