As the Covid 19 Coronavirus spread in New Jersey, Governor Phil Murphy deemed in Executive Orders certain individuals as essential workers. Those essential workers went beyond public safety workers and included individuals who worked in grocery stores, pharmacies, restaurants, gas stations, delivery personnel, and financial institutions including banks. As previously pointed out in an article on NJAccident.com, the definition of public safety workers did not include grocery store workers, pharmacy workers, restaurant workers, gas station workers, delivery personnel, and financial institutions or bank workers. These workers although deemed “essential workers” were not contained within the definition of “Public safety workers”. The Legislature after several months of negotiations and opposition from insurance carriers recently passed an amendment extending protections currently provided to Public Safety Workers to essential workers. The Governor has not signed the law as of August 8, 2020.
Why Legislation is Important?
After the 9/11 Terrorists attack on the World Trade Center in New York, many New Jersey Emergency Personnel and others volunteered in rescue efforts at the World Trade Center. Many of those individuals became sick as a result of the exposure to toxic dust at Ground Zero. Many were unable to obtain crucial medical treatment because they could not establish that their illness was a result of the exposure to toxic dust at Ground Zero. As a response to the struggles of first responders at Ground Zero’s to have their illnesses recognized as caused by their work at Ground Zero, the New Jersey Legislature passed the Thomas Canzanella 21st Century First Responders Act (hereinafter First Responders Act) which provides public safety workers, as defined by the statute, a presumption that if the worker contracts a serious communicable disease or related illness that it is deemed by law to be related to their job. This is a crucial designation that opened up the right to obtain Workers Compensation benefits which include temporary disability benefits, payment of medical bills, and a monetary award based on a percentage of permanency due to a virus like Covid 19. The Legislature has now extended the same presumption to essential workers, as defined by the statute, solely with respect to Covid 19 related illnesses. This extension of the presumption to essential workers will provide relief to the essential workers sickened by Covid 19.
What Does Legislation Provide?
The Legislation provides a presumption that if an essential worker contracts Covid 19 that there shall be a rebuttable presumption that the contraction of the disease is work-related and fully compensable under the New Jersey Workers Compensation Act and the State Ordinary and Accidental Disability Law. The prima facie presumption may however be rebutted by a preponderance of the evidence showing that the workers were not exposed to the disease while working in the place of employment.
Who is Covered?
The Legislation defines “Essential employee” as an employee in the public or private sector who during a state of emergency:
Is a public safety worker or first responded, including any fire, police or other emergency responders;
Is involved in providing medical and other healthcare services, emergency transportation, social services, and other care services, including services provided in health care facilities, residential facilities, or homes;
Performs functions which involve physical proximity to members of the public and are essential to the public’s health, safety, and welfare, including transportation services, hotel, and other residential services, financial services, and the production, preparation, storage, sale, and distribution of essential goods such as food, beverages, medicine, fuel and supplies for conducting essential business and work at home; or
Is any other employee deemed an essential employee by the public authority declaring the state of emergency.
Who is excluded?
A State of New Jersey employee who was offered the option to work from home but refused that option will not be regarded as an essential employee and thus not eligible for the presumption.
Effective Date of Legislation
If Governor Phil Murphy signs the legislation, the legislation will be effective retroactively to March 9, 2020, the date Governor Murphy declared a State of Emergency because of Covid 19 pandemic.
Why Hasn’t the Governor Signed The Legislation?
It is not clear why Governor Phil Murphy has not signed the legislation into law. There was a great effort by the Insurance lobby to not extend Workers Compensation benefits to all essential workers. The Legislature however rebutted that pressure due in part to its experience after 9/11 and the effort it took to pass the Thomas Canzanella 21st Century First Responders Act. The Legislatures wanted to have those deemed essential workers to have the protection of the ability to obtain Workers Compensation benefits without the struggle that those who volunteered for Ground Zero recovery efforts had through the years following 9/11 when they were sickened as a result of their exposure to toxic dust. Let’s hope Governor Murphy signs the legislation.